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Real Estate Disputes & Litigation

The real estate and development markets form a critical part of the nation's economy and are breeding grounds for high stakes disputes. When disputes do arise, it is important to have a skilled team of advocates who can appreciate the nature of the deal and provide strategic counsel. We help you navigate disputes with a focus on resolving conflicts efficiently.

As members of Canada's preeminent litigation practice, BLG's team of real estate litigation lawyers  has deep bench strength, combining national reach with local insight and experience. We stand at the forefront of the industry with experience in all types of real estate disputes, including commercial, industrial, and residential real estate development disputes.

We understand that litigation is one part of a broader commercial strategy. Guided by your objectives, BLG's Real Estate Disputes team works collaboratively to manage risk and deliver timely solutions through negotiated settlements and precise and effective litigation or arbitration.

Our services cover all issues in the real estate and development sector including:

  • collapsing and collapsed purchase and sale transactions;
  • commercial lease disputes, including rent defaults, renewal arbitrations, terminations, and post-termination obligations;
  • shareholder, joint venture and partnership disputes;
  • beneficial interest disputes;
  • claims involving breach of contract, breach of the duty of good faith and honest performance, misrepresentation, fraud, and negligence;
  • restrictive covenants, rights of way, and boundary disputes; and
  • commission disputes.

Experience

  • 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.

Key Contacts

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