The Toronto Regional Real Estate Board’s lawsuit against the leaders of an online opposition to the Ontario Realtor Wellness Program was heard in court last week, with both sides of the controversial decision going before a judge.~
On Thursday, the case against Sandra Maher and Penny Dutkowski, both Realtors, along with two unknown individuals, was heard in the Ontario Superior Court of Justice in Toronto.
A decision from the judge is pending.
TRREB launched a lawsuit against Maher, Dutkowski, Jane and John Doe in 2024 for allegedly using TRREB’s confidential or proprietary information to communicate with TRREB members. This includes via websites like nomandatoryorwp.ca and change.org/p/urgent-all-trreb-members.
“As this matter involves private legal proceedings, the Toronto Regional Real Estate Board does not provide comment on litigation matters out of respect to the judicial process and the parties involved,” said TRREB CEO John DiMichele in a statement to Real Estate Magazine.
Dutkowski declined to comment, citing the nature of the case.
History of the case
In its statement of claim, TRREB states the defendants “used TRREB content without authorization, including links to TRREB’s proprietary and confidential material.”
The claim alleges the defendants “opposed ORWP and engaged in efforts to stop the implementation of ORWP applying to all Ontario realtors.”
The defendants, and others, created a Meta Facebook page called OROMOO, an acronym for: Ontario Realtors Opposed to Mandatory OREA ORWP.
“The OROMOO Meta Facebook page became a forum for libelous, slanderous and defamatory posts about TRREB, its officers, directors, employees and suppliers,” reads TRREB’s claim.
Among other things, TRREB is claiming “$1 million for civil conspiracy, wrongful interference with economic relations, tortious interference and wrongful interference with contractual relations,” and, “In relation to any defendants who are former TRREB members, damages in the amount of $1 million for breach of contract, and breaches of their membership obligations.”
Dutkowski and Maher’s defence
In their defence, Dutkowski and Maher claim that TRREB and the Ontario Real Estate Association are trade associations operating on democratic principles.
“This lawsuit is about that democratic process. TRREB takes issue with the fact that the Defendants sought to influence OREA policy in a manner that the TRREB Board of Directors did not like,” reads their defence.
Specifically, Dutkowski and Maher opposed the introduction of a mandatory health benefits plan that they felt would harm them and other more senior members of the profession.
The pair claim they focused their efforts on TRREB because it is the largest board in Ontario, with 49% of the vote at OREA.
Their efforts took several forms. With two other Realtors, they administered the Facebook page which grew to 9,500 members. They promoted new board members at TRREB’s annual elections, and tried to force TRREB to hold a special general meeting to put the issue to a vote.
Anti-SLAPP motion
According to the factum filed by Maher and Dutkowski’s lawyers at ADAIR GOLDBLATT BIEBER LLP, TRREB “lashed out” against them and their campaign with cease-and-desist orders.
Most recently, Dutkowski and Maher brought an “Anti-SLAPP (Strategic Lawsuit Against Public Participation)” motion against TRREB, claiming board brought the lawsuit to silence them.
In an April 25th filing, their motion states TRREB “brought this action to silence two Realtors who were publicly advocating for the change of TRREB’s position with respect to health care coverage affecting nearly 100,000 Realtors across Ontario.”
The filing describes Dutkowski and Maher as “two ordinary Realtors” who are both in their 60s.
“Through the course of 2023 they, along with thousands of other Realtors, spoke out against a program being implemented at (OREA) that would force all Ontario Realtors to pay for health benefits insurance. They felt, among other things, that the coverage for senior citizens was inadequate and too expensive,” reads the court document.
Editor’s note: An earlier version of this story included an incorrect web address to the Change.org page. It has since been updated.
Courtney Zwicker is a digital reporter and associate editor for REM. Based in Atlantic Canada, she has over a decade of experience covering daily business news.
TREB USES NOTHING NOTHING BUT BULLY TACTICS AGAINST ITS MEMBERS AND LIKE OREA AND CREA NEEDS TO BE DESOLVED.
That appears to be trreb’s standard m. o..
One of the most corrupt industries on the planet is the real estate in Canada. What they do and how they protect their members and consumer is unknown to any known god. Disolve all of these organizations and let people live and do bisiness.
I knew we had a lawyer on a healthy annual retainer at trreb. I thought we were funding the lawyer to protect our interest. I didn’t realize we were funding this lawyer with a healthy retainer to sue It’s members who are the ones funding them. Something seems very wrong about this.
Yes absolutely this aristocracy needs to stop in a democratic world.
I have been through scenarios with both RECO and TTREB wherein have taken steps to the Human Tribunal for discrimination.
It is not just this have had detailed communication with RECO few years ago for us real estate agents having professional designation like others but not sure why we don’t get that designation when we are stated as similar in the training material and penalized for going outside the ethics/professional walls.
Shows true face of organization.
Not to help but rule. Organizing pep talks at the members cost is the best they can do.
The decision, our way or highway, summed it up. It is wrong at its nature at a free market.
It should never happen.
Letting members organize their own affairs is the way to do business.
It should never be implemented in a mandatory form.
Since when is it illegal to peacefully protest against conglomerates? This protest opened a lot of realtors eyes as to how the real estate industry operates.
Things absolutely need to change.
Dutkowski and Maher had every right to have a public forum on Facebook to air their grievances against TRREB. The Facebook page showed that the membership was outright angry at TRREB and OREA. TRREB had people monitoring the Facebook site and reporting back. Clearly TRREB should have realized that their members didn’t want this and should vote against it. Key concerns with the OREA/TRREB mandatory health plan:
1. No real consultation: Over 80,000 members voiced opposition by emails and phone calls, including through a public Facebook forum—yet TRREB and OREA ignored it. They monitored discussions but didn’t act in alignment with their members.
2. Scope creep: John DiMichele approached OREA to take over the $110/year life & disability plan. Instead, OREA launched a complex $660/year mandatory health plan—a massive expansion no one asked for.
3. Massive cost jump: From $110 to $660/year, with no opt-out—even for those who already have private or spousal coverage.
4. The ORWP imposes a flat-rate One-size-fits-one premium for all members, regardless of:
• Age
• Health status
• Whether a member is already covered by a spouse’s or private plan
• or ability to use the plan or lose and existing.
One-size-fits-none: Every member pays the same regardless of age, health, This is unfair, especially to those who won’t benefit.
That premium is supposed to be locked up for 3 years before it can increase, no guarantee and in fact it may go up at the end of this year.
⚖️ Where’s the equity, transparency, or accountability?
This was done without proper consultation, no vote, and no respect for individual choice. TRREB and OREA acted unilaterally.
📣 Members deserve better:
• consult the membership first.
• legal review.
• transparency.
• Offer optional wellness coverage, not mandatory fees.
This isn’t governance—it’s overreach.
Thousands of the membership believe Dutkowski and Maher should win this case as it was a travesty that TRREB with their big legal team behind them, brought a lawsuit. They should be awarded costs as well.
I attended the court hearing and was shocked to learn that the Toronto board’s witness had testified that to even mention its name was an infringement. The Toronto board not only seeks $1 million from Sandra, Penny, Jane and John Doe for “civil conspiracy, wrongful interference with economic relations, tortious interference, and wrongful interference with contractual relations” but also an additional $1 million against former members, namely Penny, “for breach of contract, and breaches of their membership obligations.” How’s that for a double chilling effect against its members?
Absolutely disgusting, disgraceful and more importantly, there’s no value in the OWRP. You can get better rates and plans by going direct to companies like Manulife etc…someone walked away with a huge commission cheque!
You are absolutely right! Both TRREB and OREA are using the mandatory wellness/health insurance as a second source of revenue. And TRREB and OREA called themselves non-for-profit organization. CREA is helping OREA and TRREB via the Three-Way Agreement by making it extremely difficult for local boards to break away from OREA. Realtors are not required by government legislation to join OREA, however, the Three-Way-Agreement ignored what the government says, and effectively over-ruled the option – i.e., if realtors do not join OREA, the realtors will be cut off all access to the MLS and all other associated systems that use single-sign-on to access other systems. Currently, there are numerous lawsuits involving CREA, OREA and TRREB. With all these legal costs, all 3 levels are seeking membership increase to help to cover the legal challenges. This Three-Way-Agreement business model needs reform. Reach out to your respective area’s MPP both at the provincial and federal level to request for legislation change to hold these leaderships accountable for their actions.
I’m in my 60’s. I don’t have spousal coverage. I was previously paying for very expensive private coverage. The ORWP plan is better and cheaper!
good for you. The only point of the opposition was the fact that it was mandatory. I have zero use for it NONE. I like 100000 others was not given an option to opt out. This was never against the program, just the fact that it is mandatory if you want to be a realtor.
good for you. The only point of the opposition was the fact that it was mandatory. I have zero use for it NONE. I like 100000 others was not given an option to opt out. This was never against the program, just the fact that it is mandatory if you want to be a realtor.