Liam Babbitt and Suzy Flader win 2-day small claims trial
On March 31 and April 1, 2021, Liam Babbitt and Suzy Flader appeared in the British Columbia Provincial Court representing the defendant, a realtor, in Hoang v Luo. The claimant sought a portion of their realtor’s commission on the basis of an alleged oral agreement.
At the conclusion of the claimant’s case, Liam and Suzy brought an application to dismiss the claim on the basis of section 4 of the Real Estate Services Act, which bars unlicensed or non-exempt people under the Act from receiving remuneration in relation to providing real estate services. The court agreed that the alleged oral agreement was caught by section 4 of the Real Estate Services Act and dismissed the claim. The court also found that on a balance of probabilities the claimant failed to prove that an oral agreement was reached. We congratulate Liam and Suzy on their victory!