The plaintiff cites in support of its position a more recent case in this court of Windsor Italian Village Limited v. Remo Valente Real Estate Limited,  O.J. No. 2213. Brockenshire, J., refers at length to the Liebig case above, and conducts a thorough review of English and Canadian authorities on the question of primacy of listing agreements over commission clauses in purchase and sale agreements respecting commission obligations of a vendor to a selling or listing agent. He summarizes his findings on the question at page 5 in the following terms: Further, I find that the decision…in Liebig now makes it clear that the binding agreement between the vendor and the agent in a modern real estate deal is the listing agreement. The commission "agreement" at the end of an agreement of purchase and sale is not a contract between the vendor and the agent. If the agent wishes to argue that such a commission "agreement" amends or modifies the listing agreement, the onus is upon the agent to prove that this was agreed upon by the parties.
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