Calgary agent launches petition over AREA lawsuit

A Calgary agent has launched a petition calling on Alberta’s major real estate organizations to halt ongoing legal battles and return to the negotiating table, arguing the disputes are costly, damaging and ultimately borne by members themselves.

Robyn Moser, a sales associate with Remax Realty Professionals, says current litigation between the Calgary Real Estate Board (CREB), the Realtors Association of Edmonton (RAE) and the Alberta Real Estate Association (AREA) stems from a long-running territorial dispute following a failed vote to amalgamate several years ago.

Moser says the lawsuit is hurting the profession’s reputation and draining resources that could be better spent supporting members and the public. Her petition has received nearly 200 signatures. 

Statement of claim

On Jan. 19, lawyers for AREA and CEO Brad Mitchell filed a statement of claim in the Court King’s Bench of Alberta. The plaintiffs are listed as AREA and Mitchell.

The defendants are the Calgary Real Estate Board Co-operative Limited (CREB); the Edmonton Real Estate Board Co-operative Listing Bureau Limited, doing business as the Realtors Association of Edmonton (RAE); three CREB leaders; RAE’s board chair; and Shirley Williams, a RAE director who previously served on AREA’s board, according to the claim.

“Between 2020 and 2023, CREB repeatedly approached AREA about a merger. The two organizations negotiated and agreed to a merger proposal, which would have resulted in a consolidation of the two organizations’ assets, operations and personnel with Mitchell becoming Chief Executive Officer of the merged entity. The boards of both AREA and CREB proposed the merger to their respective members, advocating for it as a way to combine resources, streamline member services and reduce annual membership dues,” according to the statement of claim.

“On or about March 15, 2023, the membership of CREB voted against merging with AREA. Since the failed merger vote, and at all material times, CREB and RAE have become increasingly hostile to AREA and Mitchell. In particular, the Defendants perceive AREA and Mitchell as posing threats to their interests, power and influence.”

Disputes that followed the failed vote

The statement of claim also points to disputes after the merger vote, including disagreements over the province’s residential measurement standard and, later, governance and control issues tied to Pillar 9, a for-profit Alberta company that operates a listing database used by boards across the province.

AREA alleges CREB and RAE “organized” to undermine AREA’s interests in Pillar 9 by seeking to have AREA’s shares transferred to RAE — an allegation CREB and RAE have not addressed publicly in responses to the claim. None of the allegations has been proven in court.

“The Defendants, individually and in concert with each other, have made defamatory statements regarding Mitchell as part of a coordinated effort by the Defendants to undermine Mitchell’s leadership by destroying his reputation, with the ultimate goal of forcing AREA to terminate Mitchell’s employment and thus neutralizing the perceived threat that AREA and Mitchell posed to their own interests, power and influence.”

The statement of claim lists a series of statements it alleges were defamatory, including statements contained in letters sent to AREA board chair Christopher Hassall on Nov. 12, 2025. In the claim, AREA quotes the RAE letter as warning Mitchell’s conduct posed a “material risk to AREA members,” while the claim says the CREB letter urged AREA to fire him, alleging “unprofessional and unbecoming conduct.”

The lawsuit also alleges some defendants repeated allegations to members that Mitchell was “under investigation by the ASC” and that he “had appeared while intoxicated.” Mitchell denies the allegations, and the defendants deny the claim’s allegations.

When contacted by REM, Mitchell said he couldn’t comment as the matter is before the courts.

When asked about the lawsuit, both CREB and RAE denied the allegations in individual statements and would not comment further as the matter is before the courts.

In addition to damages, the lawsuit asks for injunctions, including an order “restraining the Defendants from defaming” AREA and Mitchell. It also seeks orders requiring Shirley Williams, the former AREA director named in the court docs, and CREB director Matthew McBean to deliver any confidential AREA information they allegedly shared or still possess, according to the claim.

‘Basically suing ourselves’

Moser says the lawsuit is hurting the profession’s reputation and draining resources that could be better spent supporting Realtors and the public. She describes the situation as “basically suing ourselves.”

She said the legal dispute “makes us look like idiots because we’re paying both sides of a lawsuit here … it makes us look disorganized. It makes us look unprofessional. You know, in my 27 years, they have played well in the sandbox together for 27 years, either figuring out how to work together or come together and build one product that we can all use.”

Moser’s petition says conflicts like this “not only tarnish the reputation of our profession but also drain valuable resources that could be better allocated to initiatives that benefit” the industry and the communities they serve.

“I have witnessed firsthand how these legal battles rarely lead to productive outcomes for any party involved. Instead, they consume enormous amounts of financial resources — often reaching into the hundreds of thousands, or even millions of dollars — funds which originate from members’ dues. Such expenditures are a significant burden on our professional community, diverting attention and funds away from essential services and member support initiatives,” notes the petition.

“I propose a two-fold solution: First, CREB and RAE should retract their statements against AREA and issue sincere apologies. This would not only restore some degree of goodwill but also pave the way for open dialogue. Second, AREA should withdraw its litigation against CREB and RAE, facilitating an environment where real discussions about reconciliation and progress can take place.”

In its statement of claim, AREA points to the Nov. 12 letters and subsequent alleged repeats of the allegations as central to what it says is defamation.

Responses from RAE and CREB

While CREB did not comment on the lawsuit explicitly, CREB’s Associate CEO, Lisa Latchford, did respond to questions via email.  She says the board is a “financially healthy” organization and the legal action won’t affect the “day-to-day business.” 

She went on to say that CREB “is committed to having a constructive relationship with our provincial association and we would have strongly preferred to work out any differences with AREA in a professional manner outside of the courts.”

Latchford continued, “If we all work with the best interests of our members as the priority, it is our hope that the industry as a whole can come out of this situation stronger.”