Real Estate Litigation
Real estate disputes often involve the intersection of complicated (and sometimes outdated) legal rights and remedies with equally complex and much more important business realities. Our real estate litigation group has the expertise, depth and sophistication to handle the most demanding real estate disputes.
Our team of experienced advocates have litigated – and won – real estate cases in courts across Canada and in numerous arbitrations. We are relentless, and respected by opposing counsel, judges and arbitrators. We are also strategic advisors. We know that litigation is not the best solution to every problem, and we work with our clients to find a negotiated win. When that is not possible, we know how to work quickly and efficiently to achieve our clients’ goals in court or arbitration.
We also benefit from the expertise of our market leading Real Estate and Municipal and Land Development Groups, working seamlessly with our partners in other groups to deliver the best possible result.
With several decades of experience acting as counsel to some of Canada’s leading real estate owners and developers, we have gained experience with virtually every type of real estate dispute, including:
- Representing real estate owners in disputes with partners and co-owners. We recently completed a multi-year mandate that included two court proceedings and two private arbitrations arising from the failure of a major commercial real estate development. We were successful in each proceeding.
- Representing lenders in complex mortgage enforcement disputes. Our recent successes include an appeal to the Ontario Court of Appeal to obtain judgment against the guarantor of a multi-million dollar debt involving allegations of undue influence and duress.
- Representing owners and tenants in major lease disputes. We acted at trial for a $40M Canadian guarantor of a bankrupt tenant’s Texas lease, involving complex issues of interpretation and mitigation.
- Representing creditors, debtors and court officers in real estate insolvency matters. We have, for the past several years, acted as counsel to the court-appointed manager-receiver in more than 200 court appearances before the Commercial List, Ontario Court of Appeal and Supreme Court of Canada in a complex multi-year case involving fraud by the former operators of a real estate development portfolio and the court-supervised sale of 28 commercial and industrial properties with an aggregate value close to $200 million.
- Representing landlords and tenants on rent reset arbitrations. We have, for example, acted for the successful developer on a 60-day arbitration to set the rent at a high profile Toronto location.
- Representing parties asserting and defending trust claims over real property. We recently represented the successful plaintiff at a trial relating to whether certain properties acquired by the officers and directors of a company were held in trust for that company.
News & Events
Dispute ResolutionMark Dunn will Chair the LSO's 2021 Safeguarding Real Estate Transactions Program. This program will be offered online. If your client's real estate transaction runs into trouble, can you…
Ira Barkin quoted in "New opportunities for real estate in Canada after pandemic disruption", Canadian LawyerIn a recent Canadian Lawyer article, Ira Barkin discusses new opportunities in the Canadian real estate sector:In October, the Hudson's Bay Company was accused by two landlords of not paying rent…
Real Estate LitigationJoin us for a review of recent Canadian judicial decisions that may have implications for your real estate practice. Francy Kussner and Mark Dunn will be discussing a selection of cases that will help…