Toronto Regional Real Estate Board v. IMS Incorporated (RESTATS), 2026 CanLII 34046
Associate Justice Crinson - 2026-04-15
Read full decision. Summary prepared by Alan Macek:
TRREB, the Plaintiff/Defendant by Counterclaim brought this motion seeking specific particulars of the allegations set out in the Statement of Defence and Counterclaim of the Defendant, IMS. In addition, TRREB is seeking relief in the form of scheduling next steps depending upon whether any particulars are ordered. ... The Defendant should be tied to the allegations made in the pleading with a view to limiting the issues for discovery and ensuring that nothing new will be raised at discovery. This means the allegations in the pleading should have some focus sufficient to inform TRREB of the case it has to meet. Application of these principles in the present motion makes clear on the face of the pleadings themselves that the Plaintiff requires the particulars of the names of each of the “TRREB directors and/or presidents” ... The balance of the requests for particulars relating to paragraphs 5, 7, 9, 10 and 11 are for information within the knowledge of TRREB, specifically within the knowledge of the TRREB directors and/or presidents referred to in the preceding paragraphs. ... IMS is required to provide the particulars requested of the “lawful means through which IMS accesses the TRREB MLS System” alleged in paragraph 40 of the Statement of Defence and Counterclaim in order to meet its requirements to plead the material facts.
Decision relates to:
- T-900-20 - THE TORONTO REGIONAL REAL ESTATE BOARD v. IMS INCORPORATED C.O.B. AS RESTATS