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Home Enforcement If you are the subject of a complaint If you are involved in a discipline hearing Witness guide to discipline hearings Witness guide to discipline hearings (for offences prior to December 1, 2023)

Being a witness can be a new experience. This guide is intended to provide you, the witness, with information about the hearing process and what you can expect.

What is a discipline hearing?

A discipline hearing is a formal process, similar to a court of law. Hearings are generally open to the public; but, in some cases, the discipline committee overseeing the hearing may order that all or part of a hearing be closed to the public.

RECO schedules its hearings several months in advance. You will be notified in writing of the date for attending as a witness. If for any reason the hearing needs to be rescheduled, you will be informed of the new date.

What to expect at a discipline hearing?

Hearings may occur in person or electronically. You will be advised in advance how you will participate in the hearing, and you will be provided with clear instructions for how to appear.

If your testimony is interrupted by a break or you are unable to finish by the end of the day, the chair of the discipline panel will ask that you not discuss your testimony with others.

Recording equipment is not allowed in the hearing, including cameras and audio recording devices. Please remember to turn off all cellphones before entering the hearing.

What to expect in the hearing room?

1. Getting ready:

If you will be appearing electronically, make sure your equipment is functioning properly, and you are seated in a quiet space. If you will be attending in person, plan your route and arrive early. The hearings coordinator will take you to the hearing room and show you where to sit. You should try to speak loudly, clearly, and slowly so that your testimony can be recorded accurately.

2. Swearing in:

The hearings coordinator will ask if you want to swear or affirm that your testimony is truthful. You can swear on a Bible or another holy book/object (bring your own if you prefer) or simply promise/affirm to tell the truth.

3. Testimony process:

The counsel/representative will ask you questions to help the hearing panel understand your version of events. They will follow a process referred to as an examination in chief, which means:

  • If you are a witness for RECO, RECO's counsel/representative will ask you questions first.
  • If you are a witness for the registrant, their counsel/representative or the registrant themselves (if unrepresented) will ask you questions first.

After that, the opposing counsel/representative gets a chance to ask questions, which is called cross-examination. The first representative might then ask you more questions based on what was said during cross-examination, and the hearing panel members might have questions for you as well. If you do not understand a question, please ask for clarification.

4. After your testimony:

Once you have finished answering all the questions, you are free to leave. You might be allowed to observe the rest of the hearing, but that is not always possible. On rare occasions, RECO might need you to come back and answer further questions. If that happens, RECO will contact you with necessary details.

5. After the conclusion of the hearing:

The hearing panel will meet privately to discuss the case. This can take a long time because they need to review all the evidence. Once the panel makes a decision, RECO will publish the discipline panel’s written decision (including any penalties) on its website: www.reco.on.ca.

Who participates in a hearing?

Knowing who is who at the hearing can help you understand the process. Here is a breakdown of the key people you will see:

  • Discipline panel: This is a group of three or more people from the larger discipline committee. They listen to the evidence (including your testimony) and decide if a registrant has failed to follow the Code of Ethics. The panel will include both public and registrant members of the discipline committee.
  • Appeals panel: The appeals panel, comprised of between three and five members of the larger appeals committee (including both public and registrant members), listens to appeals of discipline decisions. The appeals panel only considers the record before the discipline panel; no other evidence is provided.
  • Independent panel counsel: This is an independent legal counsel who gives neutral legal advice to the discipline panel. They're not on RECO's side or the agent's side – they just help the panel understand the legal matters.
  • Counsel/representative for RECO: This is a lawyer or paralegal who represents RECO at the hearing.
  • Registrant: This is the real estate salesperson, broker, or brokerage who is responding to the complaint filed against them. The registrant can also be referred to as the ‘respondent’.
  • Counsel/representative for the registrant: The registrant can have a lawyer, paralegal, or agent represent them at the hearing. They can also choose to represent themselves.
  • Hearings coordinator: This person is there to help the hearing run smoothly. They monitor the recording equipment, keep track of all the documents, and provide support to the discipline panel.

Frequently asked questions

A summons is a legal document requiring an individual to attend a hearing. The Statutory Powers Procedure Act gives the Discipline Committee the power to summon witnesses. Summonses are routinely issued, including when a witness requests that a summons be issued to them in order to provide it to their employer.

It is not necessary to retain a lawyer, paralegal or agent and in most cases witnesses do not retain one. Retaining legal counsel or advice is your personal choice.

All witnesses who have received a summons to attend at a hearing are entitled to compensation for time and travel expenses, pursuant to the Ontario Rules of Civil Procedure.

If the Discipline Panel decides that a registrant has violated a provision of the Code of Ethics, it can order them to take educational courses and pay fines of up to $50,000 for agents and $100,000 for brokerages.


Please note: For conduct occurring prior to December 1, 2023, only matters involving an alleged failure to comply with the REBBA Code of Ethics regulation can be referred to the Discipline Committee for a hearing. For conduct occurring on or after December 1, 2023, any alleged contravention of TRESA or its regulations may be referred for a hearing before the Discipline Committee. Appeals of REBBA discipline decisions are heard by the Appeals Committee. Appeals of TRESA discipline decisions are heard by the Licence Appeal Tribunal (LAT).