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In its latest filings to the Supreme Court on January 30, TREB argues the decision regarding anti-competitive practices was made without any “quantifiable evidence” that publishing the disputed data online would give realtors a competitive edge. Such evidence might include a count of how many visitors to the data portal on the realtor’s website actually converted into active clients.

“Without quantifying the effects on competition, it becomes a matter of speculation or blind inference as to whether the business practice has an effect on competition that is substantial, or any effect at all,” TREB’s documents state.

TREB’s MLS website collects and displays information on properties for sale in the Greater Toronto Area, including current list prices, photographs, and other information. Data on past sales prices are restricted to TREB’s 49,000 realtor members and clients can only access it through these individuals.

In its filings, TREB maintains that publishing sales and other market information online violates the rights of real estate clients. Seeking permission to release the data online was not common practice in the past and so was not secured on sales dating back to the 1980s, it has argued. The board also says it holds copyright over the data in question and as a result, has a right to determine its use.

In ruling against TREB’s privacy argument, the Appeals Court decision noted that the data in question is already available to board’s thousands of realtor members. These members can in turn release it to up to 100 clients at a time.