Summary

We believe that, for the most part, people and business want to avoid being involved in litigation. Litigation can consume huge amounts of time, energy, resources and money — all of which are better devoted to more profitable activities. Litigation is an unpredictable process which is frequently slow and frustrating. Adjudication before a judge or arbitrator who does not know the litigants themselves or their businesses is an out of date and impractical tool for dispute resolution in the modern world.

We recognize that most clients want:

  1. A speedy and fair resolution of their disputes;
  2. If necessary, an effective and surgical use of litigation designed to make parties willing to resolve the dispute on fair terms.

Our approach is to review the merits of our client’s position carefully and provide realistic and forthright advice on the strength and weaknesses of our client’s position at the earliest possible stage and as the matter progresses. We understand that the sooner parties know the legal and factual strengths and weaknesses of their case, the sooner they are likely to settle. A goal for our clients is to get them to this point as early as possible. We therefore work with our clients to form a strategy which we consider to be the most likely to promote the earliest resolution of the litigation in all the circumstances.

What We Do

Disputes arising from Agreements of Purchase and Sale of Real Property

  • Breaches of Agreements of Purchase and Sale; claims for damages, return of deposits; forfeiture of deposit
  • Disputes with real estate agents/ brokers respecting commissions, misrepresentations, breaches of fiduciary duty
  • Certificates of Pending Litigation/caveats/cautions and claims for specific performance of Agreements of Purchase and Sale
  • Applications under the Vendors and Purchasers Act (Ont.)
  • Disputes respecting property defects determined post-closing
  • Actions for Orders for Possession • Disputes respecting “buy back” penalty clauses
  • Complex real estate transactional support through Court applications

Mortgage Disputes

  • Actions for Possession, Foreclosure, Judicial Sale
  • Challenges/injunctions regarding power of sale proceedings
  • Discharge of mortgage applications

Title Disputes

  • Title insurance claims and coverage
  • Disputes arising under the Land Titles Act (Ont.,B.C., Alberta)
  • Disputes concerning easements, restrictive covenants and other restrictions on use

Commercial Lease Disputes

  • Lease defaults
  • Evictions/terminations
  • Claims for lost rent and disputes respecting renewal rights
  • Rent review arbitrations
  • Applications respecting landlord consent to assignments and subletting
  • Applications to enforce exclusivity provisions
  • Disputes over additional rent includes operating costs/property tax challenges and disputes
  • Actions for damages and loss of rent, deficiencies in rent and defaults and/or early termination
  • Actions for relief from forfeiture

Miscellaneous Real Estate Disputes

  • Representative ownership of real estate in resolving ownership/ partnership disputes
  • Actions for nuisance, interference of enjoyment of real property
  • Actions for Partition and Sale under provincial Partition legislation
  • Complex residential tenancy matters
  • Negotiation and injunctive relief for trespass including disputes regarding aboriginal rights in land
  • Actions against solicitors and appraisers respecting errors and omissions in real estate transactions

Representative Work

  • Maple Leafs Sport Entertainment Ltd. v. Loblaw Properties Limited and Ryerson University (2012), a complex dispute regarding the enforcement of restrictive covenants relating to the use of a valuable and historical property in Toronto
  • Red Carpet Inns Ltd and Wayne Levy Corp. v. Red Carpet Inns Ltd., 2012 ONSC 694 (Superior Court) and 2012 ONCA 600 (Court of Appeal), successfully obtained summary judgment dismissing a claim for payment of a disputed real estate commission
  • PKF Hotel Realty Inc. v. 3414574 Canada Inc. and Jack Lee, 2010 ONSC 3725 (Superior Court) and 2011 ONCA 77 (Court of Appeal), successfully defending against a claim for payment of a disputed real estate commission
  • Ahanotu v. Basas (Ontario Superior Court), successfully defended action for vacated specific performance and Certificate of Pending Litigation in a failed Agreement of Purchase and Sale
  • Loblaw Companies Limited and National Grocers Co. Ltd. v. Mitra Kermani (Ontario Superior Court of Justice), obtained injunctive relief for nuisance and interference with enjoyment of commercial real property
  • Pivotal Corporation v. MetCap Living Management Inc., a leasing dispute involving nonpayment of rent and removal of fixtures
  • Plain v. CN and Doe v. CN, where we obtained court orders to enjoin blockade on CN tracks during the course of the 2012-2013 Idle No More Protests
  • Longwood Station Ltd. v. Coast Capital Savings Credit Union, 2007 BCSC 1564. Successfully opposed an injunction requiring a tenant to continue business at the landlord’s premises
  • Kusumoto v. Marquess Financial Corporation, 2011 BCSC 1061. Successfully defended an action for alleged breach of an agreement for purchase and sale.