Real Property Litigation
We understand that few things are as personal, valuable, or important as someone’s property. Courts have described property rights as ‘sacrosanct’, and we agree with this description whether it’s your commercial building, residential property, or cottage. We have extensive experience as counsel to real estate solicitors, landowners, and individuals on matters concerning ownership disputes, agreements of purchase and sale, the enforceability and interpretation of terms in agreements, disputes over failed transactions, property boundary disputes, constructive trusts, land development agreements, deposits, and all other matters dealing with real property. Our experience includes injunctions, certificates of pending litigation, and other time-sensitive remedies.
Our practice in this area includes:
Negotiating resolutions of property deals which are in jeopardy or where a dispute has arisen
Acting on complex commercial lease disputes (our founding partner, Mark Ross, authored the textbook on this issue)
Bringing and defending actions for breach of contract for a commercial or residential agreement of purchase and sale, including actions for specific performance, negligent or fraudulent misrepresentation about the property being sold, latent defects, etc.
Dealing with relief from forfeiture of deposit issues
Bringing and defending actions for negligence, trespass, and other property-related torts
Bringing and responding to injunctions to restrain property-related torts such as trespass or nuisance
Bringing and defending actions to enforce or challenge mortgages and other debts secured against real property
Bringing or defending actions against real estate agents and brokers for negligence, breach of fiduciary duty, etc.
Property disputes over title and boundaries including claims for adverse possession, easement issues, and fencing disputes
News, accolades & recognition
On May 6, 2021, the Court of Appeal for Ontario released its decision in Hornstein v. Kats, largely upholding an 18 day trial victory by Mark Ross and Sharon Sam, in this case relating to a residential property dispute. The Court of Appeal only varied the trial...
Congratulations to Eric Brousseau for his success in the application DYN Exporters Can. Inc. v. 9024 Keele Park Properties Ltd., 2021 ONSC 2393. Eric persuaded the Court to grant the application for an order for payment to the applicant of monies that were owed...
Congratulations to Mark and Avi for their success in the application, 11428349 Canada Inc. et al v. Royal Bank of Canada (unreported), which was brought on an urgent basis. They convinced the Court to retroactively rectify title under sections 159-160 of the Land...