A real estate broker was permitted to keep his registration where a brokerage loses its registration due to the conduct of the broker.

In Baxter v. Ontario (Real Estate and Business Brokers Act Registrar), 2012 ONCA 543, the Court of Appeal dismissed an appeal from a Licence Appeal Tribunal decision that the registration of a broker should be restricted rather than revoked for a broker whose conduct had caused the Tribunal to decide that the registration of his brokerage should be revoked. The brokerage had greater responsibilities including accounting and supervision of salespersons and as such, the issue of whether the brokerage would conduct business in accordance with law and with integrity and honesty. The Tribunal member had appropriately considered all past conduct of the broker, both involvement but not turning his mind to transactions that should have made him suspicious, but also mitigating factors such as 31 years without complaints, no attempt to mislead and full cooperation with the investigation.