‘Basically suing ourselves’: Calgary cop launches petition over AREA lawsuit

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

Moser says the lawsuit damages the profession’s reputation and depletes resources that could be better spent supporting members and the public. Her petition has received almost 200 signatures.

Statement of Claim

On January 19, lawyers for AREA and CEO Brad Mitchell filed a 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 Realtors Association of Edmonton (RAE); three CREB leaders; RAE’s Chairman of the Board; and Shirley Williams, an RAE director who previously served on AREA’s board, the claim said.

“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 and advocated it as a way to combine resources, streamline member services and increase annual to reduce membership dues,” the statement of claim said.

“On or about March 15, 2023, the members of CREB voted against the merger with AREA. Since the failed merger vote, and at all significant times, CREB and RAE have become increasingly hostile to AREA and Mitchell. In particular, Defendants view AREA and Mitchell as a threat to their interests, power and influence.”

Disputes that followed the failed vote

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

AREA alleges that CREB and RAE are “organized” to undermine AREA’s interests in Pillar 9 by attempting to transfer AREA’s shares to RAE – an allegation that CREB and RAE have not publicly raised in their response to the claim. None of the allegations have been proven in court.

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

The claim includes a series of statements that it alleges are defamatory, including statements in letters sent to AREA board chairman Christopher Hassall on November 12, 2025. In the claim, AREA cites the RAE letter warning that Mitchell’s conduct poses a “material risk to AREA members,” while the claim says the CREB letter urges AREA to fire him, citing “unprofessional and improper conduct.”

The lawsuit also alleges that some defendants made repeated accusations 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 allegations of the claim.

When contacted by REM, Mitchell said he could not comment as the matter is before the courts.

When asked about the lawsuit, both CREB and RAE denied the allegations in individual statements and declined to comment further as the matter is before the courts.

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

‘We’re actually suing ourselves’

Moser says the lawsuit is damaging the profession’s reputation and draining resources that could be better spent supporting real estate agents and the public. She describes the situation as “actually indicting ourselves.”

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

Moser’s petition states that these types of conflicts “not only tarnish the reputation of our profession, but also take away valuable resources that could be better spent on initiatives that benefit the industry and the communities they serve.”

“I have seen firsthand how these legal battles rarely lead to productive outcomes for the parties involved. Instead, they consume enormous amounts of financial resources – often in the hundreds of thousands or even millions of dollars – funds that come from membership dues. Such expenditures place a significant burden on our professional community, diverting attention and funds from essential services and member support initiatives,” the petition said.

“I propose a two-fold solution: first, CREB and RAE should withdraw their statements against AREA and issue a sincere apology. This would not only restore a degree of goodwill, but also pave the way for an open dialogue. Second, AREA should withdraw its lawsuits against CREB and RAE, facilitating an environment in which genuine discussions about reconciliation and progress can take place.”

In its statement of claim, AREA points to the November 12 letters and subsequent alleged repetitions of the allegations as central to what it claims is defamation.

Responses from RAE and CREB

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

She went on to say that CREB “is committed to a constructive relationship with our provincial association and that we would have strongly preferred to resolve any disagreements with AREA in a professional manner outside of court.”

Latchford continued: “If we all work with the interests of our members as a priority, we hope the sector as a whole can emerge from this situation stronger.”