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Khouri v The Agency Brokerage Inc.

In the case of Khouri v The Agency Brokerage Inc. dated June 30, 2023, the applicant, Adolphe Khouri, had been a real estate salesperson who had an independent contractor arrangement with a brokerage from May 2020 to January 2022. In January 2021, he had made an agreement to split commissions with Pejman (Peter) Torkan, who had been a more established salesperson and one of the managing partners of the brokerage. However, in October 2021, Mr. Khouri had expressed dissatisfaction regarding the commission splits, and a few months later, he had resigned and joined another brokerage. His aim had been to invalidate the commission split agreement, claiming it had been in restraint of trade and lacked consideration, likely with the intention to pursue higher commissions for two real estate transactions he had been involved in during 2021. Mr. Khouri had sought the following relief through his application: a. A determination of his rights and interests concerning the commission split agreement dated January 25, 2021, as it had related to Pejman (Peter) Torkan. b. A declaration stating that the Split Agreement had been unreasonable, unenforceable, and/or null and void due to a lack of consideration. However, the court had dismissed Mr. Khouri's application. The court had found that his case had been based on an incorrect interpretation of the agreements he had entered into. Moreover, it had been determined that the Split Agreement had not acted as a restraint of trade and had had sufficient consideration.

ADOLPHE KHOURI
Law Firm / Organization
Not specified
Lawyer(s)

Broghan Masters

THE AGENCY BROKERAGE INC.
Law Firm / Organization
Not specified
Superior Court of Justice - Ontario
CV-22-00678388-0000
Real estate
$ 25,000
Respondent