Real Property Disputes

A property-related dispute can significantly impact your business, finances, or enjoyment of your home. Our extensive experience in real property litigation enables us to help our clients navigate these issues effectively. We represent and advise buyers, sellers, commercial landlords and tenants, mortgage lenders and borrowers, and individuals in disputes with neighbors.

We assist clients with enforcing property rights in disputes over property lines, constructive trust claims, interpretation of commercial leases, and mortgage enforcement. We also handle disagreements in joint ventures involving real property, including sales and the division of proceeds of sale.

Additionally, we regularly address disputes involving the services provided by real estate agents and brokers.

Our work in this area includes:

– Claims regarding true property ownership, including constructive trust claims
– Disputes over title, property line boundaries, fences, easements, and rights of way
– Acting for commercial landlords and tenants on lease interpretation and enforcement
– Enforcing or challenging mortgages and liens, and resolving disputes over amounts claimed to discharge secured debts
– Handling disputes related to property purchases and sales, including deposit claims, specific performance, and property defects
– Claims for trespass, nuisance, and invasions of privacy, including injunctions
– Private arbitrations to resolve disputes in property-related joint ventures confidentially
– Applications for partition and sale of jointly-owned property
– Title insurance claims

Reported Decisions

Sub-Prime v. 1219076, 2019 ONSC 6100:
– Successfully argued an application with respect to the proper interpretation of a mortgage agreement

Representative Work

– Acted for a grocery chain in a private arbitration relating to the dissolution of a joint venture for a tenant-anchored commercial plaza in Mississauga
– Counsel to a developer/entrepreneur in a brokerage fee dispute relating to the redevelopment of the Hotel Waverly property in Toronto
– Assisted the seller of residential property in retaining the deposit where a buyer was unable to close
– Acted for buyers of properties who have discovered defects in the property or misrepresentations in the listing after closing in asserting claims against sellers, realtors, or real estate lawyers
– Acted for property owners in a neighbour dispute regarding a right of way for use of a driveway and other property line issues
– Successfully resisted a motion for a certificate of pending litigation and stay of mortgage enforcement proceedings in aid of a claim of breach of contract, breach of trust, and conspiracy
– Acted in a confidential arbitration convened to determine the fair market value of land for rent reset purposes pursuant to a ground lease
– Acted for mortgage lenders with respect to power of sale proceedings
– Advised and acted for lenders, borrowers, and subsequent encumbrancers with respect to challenges to charges included on mortgage and lien discharge statements
– Acted for a commercial tenant operating a daycare facility with respect to a dispute with the landlord and neighbouring tenant regarding operational disruptions
– Acted for parties who co-own property with others with negotiating buyouts or sales of the properties, or bringing applications under the Partition Act to order a sale, and determining the fair distribution of the proceeds of sale