Pimentel et al. v. Winnipeg Real Estate Board, (1992) 83 Man.R.(2d) 164 (CA)

• Judge: Scott, C.J.M., Philp and Twaddle, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 29, 1992
• Jurisdiction: Manitoba
• Citations: (1992), 83 Man.R.(2d) 164 (CA)

Pimentel v. Real Estate Bd. (1992), 83 Man.R.(2d) 164 (CA);

    36 W.A.C. 164

MLB headnote and full text

Arrow 1st-Canadian Realty Inc. and Antonio Pimentel (appellants) v. The Winnipeg Real Estate Board (defendant/respondent) and Her Majesty The Queen in Right of the Province of Manitoba (intervenor)

(Suit No. AI 91-30-00236)

Indexed As: Pimentel et al. v. Winnipeg Real Estate Board

Manitoba Court of Appeal

Scott, C.J.M., Philp and Twaddle, JJ.A.

September 29, 1992.

Summary:

The plaintiffs sued for a declaration that certain portions of the Winnipeg Real Estate Board's bylaw, by which membership in the Board was restricted, were invalid. The plaintiffs also claimed damages. The corpo­rate plaintiff discontinued its action against the Board.

The Manitoba Court of Queen's Bench, in a judgment reported 72 Man.R.(2d) 64, dismissed the remaining plaintiffs' action. They appealed.

The Manitoba Court of Appeal summarily dismissed the appeal.

Associations - Topic 1009

Qualifications of members - Employment or occupation restrictions - The Winnipeg Real Estate Board restricted membership to those salesmen who were not employed other than in the real estate business - The restrictions, considered reasonable and in the public interest by Board members, were not specifically aimed at the plaintiff part-time real estate salesmen - Board membership, though perhaps financially desirable, was not a condition of the right to sell real estate in Manitoba - The bylaws were authorized by the Board's incorporating statute - The Board acted in good faith and did not apply the bylaws in an uneven or discriminatory fashion - The Manitoba Court of Appeal affirmed that the bylaws were not invalid as being op­pressive, unreasonable or discriminatory or being in restraint of trade.

Brokers - Topic 8

General - Salesman - Defined - [See Associations - Topic 1009 ].

Civil Rights - Topic 1028

Discrimination - Membership in organiza­tion or association - [See Associations - Topic 1009 ].

Civil Rights - Topic 8311

Canadian Charter of Rights and Freedoms - Application - Nongovernmental or private interference - The Manitoba Court of Queen's Bench held that the Manitoba Real Estate Board was not subject to the Charter - The Manitoba Court of Appeal summarily affirmed the judgment.

Contracts - Topic 6735

Illegal contracts - Contrary to public policy - Restraint of trade - Bylaws of association - [See Associations - Topic 1009 ].

Counsel:

I. Lincoln and N. Badiou, for the appel­lants;

B.J. Meronek and R.G. Wookey, for the respondents.

This appeal was heard on September 29, 1992, at Winnipeg, Manitoba, before Scott, C.J.M., Philp and Twaddle, JJ.A., of the Manitoba Court of Appeal.

On September 29, 1992, Twaddle, J.A., orally delivered the following judgment for the court: