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Legal Fund for Ontario Agents

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The mandatory Ontario REALTOR® Wellness Program (ORWP) Standard Plan is coming into effect on January 1st, 2024 and will adversely affect the lives of thousands of professional real estate agents and their families. The Ontario Real Estate Association is forcing this mandatory plan despite the overwhelmingly strong contingent of agents who do not want it. The organization that was created to represent agents in organized real estate has failed to listen to its members who request to OPT-OUT from the plan that does not benefit them and their lifestyle. While membership in OREA is voluntary, access to one of the most coveted tools in the industry, namely the MLS, is contingent on belonging to OREA. Thus, people who may be adversely affected by the mandatory ORWP are facing very difficult choices. For example, people may lose existing benefits and pay for their medical bills out of pocket, pay for a mandatory ORWP fee and receive reduced coverage, not qualify for coverage due to preexisting conditions, or must change careers to avoid hardship. All these issues and concerns could have been avoided if OREA and its member boards had done the research and asked questions before voting and adopting the ORWP on June 20th, 2023, and had given its non-voting members an opportunity to OPT-OUT of the ORWP. Currently, taking legal action is crucial to effectively address our situation. We kindly request your support by donating to our legal fundraiser.

Who may be adversely affected by the mandatory ORWP?
1. People who have pre-existing benefits through their spouses or ex-spouses.
  • Depending on the wording of the settlement or current policy, people who have benefits from their spouse may lose those benefits or may have to spend thousands of dollars to re-negotiate even re-litigate with people such as ex-spouses to continue coverage. By the time their situations are resolved, their coverage and health may be jeopardized.

2. People who have inherited pre-existing benefits through their dead spouse.
  • Widows and widowers who inherited health benefits from their spouses may have a clause in their policy that dictates the automatic cancellation of benefits if they procure another policy.

3. People who are over the age of 65.
  • All agents over the age of 65 will have to pay the same fees for the mandatory ORWP but will receive reduced benefits in return. Reduced benefits or right-out termination of some OWRP benefits will be automatically applied with age 65, 70, or 80.

4. People who have their pre-existing health benefits tied to another arrangement that will cease to exist as a result of the mandatory ORWP.
  • Many agents enjoy the health benefits offered by their Brokerage. As of Jan 1st, agents in those brokerages may no longer feel compelled to participate in those plans and the brokerage will cancel the plan. Leaving individual agents with health coverage that is not sufficient to cover their needs.

5. Brokerages may lose agents and be subject to loss of income
  • Some brokerages offer health benefits to their agents as a recruitment incentive. With the mandatory ORWP, that incentive becomes redundant and broker-owners lose their competitive edge in the marketplace.
  • By extension, some local member boards who offer health benefits will too, lose their members to ORWP. These boards may be forced to amalgamate with other boards where they do not provide the services or environment to their members as they used to.

6. People with pre-existing conditions or rare illnesses.
  • Anytime there is a group of 96,000 people it is inevitable that some will have pre-existing or rare illnesses. These conditions may require extensive health coverage and be cost-prohibitive. Needless to say; people in this category already have arrangements for health coverage. However, the mandatory ORWP may jeopardize these coverages, lead to unintended expenses and health complications, and cause unnecessary stress.
  • While the mandatory ORWP does not require medical testing at the initiation of the plan, it does not mean that pre-existing conditions will be covered. It does not mean that medication for pre-existing conditions will be covered and it does not mean that critical illness with be covered, or that Out-of-Country medical expenses will be covered.

As mentioned, numerous times in various contexts, all the above issues and concerns could have been avoided if OREA had given its non-voting members an opportunity to OPT-OUT of the ORWP or made it a voluntary opt-in program.

Since learning that the ORWP is a mandatory program, our research indicates that many members will be facing severe financial hardship as a result of the mandatory aspect of the Wellness Project and may be forced to leave OREA and automatically both their local Board & Brokerage. Moreover, the mental health of thousands of members is affected by the oppressive actions of real estate associations and the unnecessary burden of the ORWP. These are serious matters and we are firm and steadfast in our commitment to those affected.

A legal counsel from McMillan LLP has been undertaken and steps have been formulated to assist, formalize, and initiate an action plan to protect and safeguard the interests of OREA non-voting members subject to the compulsory participation in the ORWP just to participate in organized real estate and remain an independent contractor.

Our mission is to negotiate an Opt-Out option from the ORWP while maintaining access to the MLS for all OREA non-voting members. To achieve this goal, it is necessary to take legal steps and ask you to financially support our collective efforts.

  • By donating to this fundraiser, you are helping all members challenge the mandatory aspect of the ORWP.
  • By donating to this fundraiser, you are helping yourself and your fellow agents.

Once our fundraiser meets its financial target, we will promptly initiate various legal measures.

How am I connected to this cause?

I am a real estate agent and member of the Ontario Real Estate Association (OREA). I believe that OREA is an association that acted outside of their purview of influence by forcing its members to participate in a program that is not related to the industry that they represent, and it may have acted in a discriminatory manner. The mandatory ORWP deviates from OREA’s mission and guiding principles. The program and its roll out were designed in haste; information was not communicated with members in a reasonable manner; and the 96,000 of non-voting members were not given a reasonable opportunity to express their opinion on this new program. OREA is forcing independent contractors to participate in a program that has nothing to do with the business we are in, and that is simply wrong and sets a precedent for future deviations.

Similarly, to all OREA members, I am forced to participate in the ORWP or must choose a different career. Why? Because membership in OREA is tied to the MLS and as a residential real estate agent, my business is heavily dependent on access to the MLS. So, the choice is to accept a 700% increase in dues, agree to the imposed changes and to the arbitrary annual increases in membership dues that are related to the increasing cost of the ORWP itself (according to the up-dated bylaws the cost of dues will not even require a membership approval) so that I can serve my clients, or to find a different career. Furthermore, as I age, OREA’s discriminatory practices will also have an impact on me personally, just like it will for thousands of real estate agents when it comes into effect on Jan 1st 2024.

I have been lobbying OREA and its local boards against the mandatory aspect of the ORWP since it was first announced. Having exhausted all avenues, I believe that legal action is the only way to convince OREA and its local boards to change the ORWP from a mandatory to an optional program, or to an opt-out program.

I am one of the leading organizers of the movement against the mandatory ORWP and creator of this fundraiser. I will be withdrawing funds from this fundraising campaign and then transferring funds to the trust account at McMillan LLP. The first withdrawal will be to secure the legal retainer. Subsequent withdrawals of funds will be on a monthly basis to cover the invoice for the ongoing legal services.

Step 1
Donate
  • Everyone can donate. The legal actions organized by us will benefit everyone who is against the mandatory ORWP.
  • The first phase of the fundraiser is to cover the legal costs of filing the initial claim(s) against OREA for violating The Human Rights Act.
  • Since we suspect that some individuals may be acting as informants for OREA and others, we kindly request that you understand why it is not in everyone's best interest to disclose the exact nature of our complete plans at this moment.

Step 2
People affected by any of the above six categories will be provided with legal assistance for filing a complaint with the Canadian Human Rights Commission. This will help members file applications with the HRT against OREA’s mandatory ORWP.T

How to qualify for legal assistance with the HRC?
a) Sign the petition against the mandatory ORWP (only ones per OREA member)
b) Fill out the Short Credibility Survey (only ones per OREA member)
c) Email [email redacted] with:
  • Your Full Name as registered with RECO
  • Your email and cell phone number
  • Your home board info
  • Your secondary board info, if applicable
  • Indicate which of the 6 categories best addresses your issues

Thank you for your donation and your ongoing support!

Note: the "Tip" goes to GoFundMe page not to our cause.

If you have any questions or concerns you can contact us at [email redacted]
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Donations 

  • Julie Strassman
    • $50
    • 8 mos
  • Siobhan Kenny
    • $100
    • 8 mos
  • Shannon Unger
    • $50
    • 8 mos
  • Dan Kilcullen
    • $43
    • 8 mos
  • virginia de sylva
    • $50
    • 9 mos
Donate

Fundraising team (2)

Liz Polak
Organizer
Linda Wallis
Team member

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