Real Estate Disputes and Litigation

A failed real estate transaction can give rise to substantial contractual and financial consequences for both purchasers and vendors. We represent parties where a purchaser refuses to complete, a vendor does not proceed with the sale or another dispute prevents closing under the agreement.

Some real estate disputes require more than a claim for financial compensation. A party may seek an order requiring completion of the transaction, while the opposing party may resist that relief and argue that damages provide the appropriate remedy.

Where performance is not pursued or available, the litigation may instead focus on damages and other contractual remedies arising from the failed transaction.

Deposits frequently become a central issue after a real estate transaction fails to complete. The dispute may concern a vendor’s entitlement to retain the deposit, a purchaser’s claim for its return or the relationship between the deposit and other remedies being pursued.

We examine the relevant contractual provisions alongside our clients to find the best solution possible.

A pre-sale condominium purchase can take several years to reach completion, and the market, the project and the parties' circumstances may all change in that time. Disputes often surface as the completion date approaches, particularly where a purchaser cannot obtain financing, the project has been delayed or the finished unit differs from what was marketed.

Our lawyers represent developers and purchasers in claims over the enforceability of pre-sale contracts, deposits held in trust, sunset clause terminations and misrepresentation in the disclosure statement. These matters turn on the purchase agreement read alongside the developer's filings under the Real Estate Development Marketing Act and the record of events leading to completion.

Disputes can arise after a property transaction where a purchaser alleges that significant information was misstated, omitted or inadequately disclosed before the agreement was completed.

Our work includes claims involving representations made during the sale process as well as information contained in a Property Disclosure Statement. These matters often require close examination of the disclosure record, the communications between the parties, the conduct in issue and the evidence concerning the alleged representation or omission.

A certificate of pending litigation can significantly affect the ability to sell, finance or otherwise deal with real property while litigation remains underway.

We seek certificates of pending litigation where a proceeding advances a qualifying interest in land. We also represent owners and other interested parties seeking to cancel or resist a CPL where the registration is challenged.

Disagreements between co-owners can make continued ownership of property difficult or impractical. A dispute may arise over the future of the property, a proposed sale or one party’s attempt to bring the co-ownership relationship to an end.

We represent co-owners in contested proceedings concerning partition and sale. Our approach considers the ownership structure, the competing positions of the parties and the relief required to resolve the dispute over the property.

Crane operations can give rise to significant disputes where construction activity extends into the airspace of neighbouring property. We represent developers, builders and property owners in disputes involving crane swing easements, access rights and the terms governing temporary use of adjoining property.

Our work in these matters requires careful review of the governing agreement, the rights granted to each party and the construction activity in issue. That understanding informs the approach to negotiation, enforcement and court proceedings where the parties cannot resolve the dispute.

Expropriation can significantly affect the ownership, value and future use of real property. We represent property owners and businesses in disputes arising from the compulsory acquisition of land or an interest in land, including contested compensation claims.

Our lawyers assess the statutory framework alongside the interest acquired, the valuation evidence and the effect on the remaining property. That analysis informs negotiations with the expropriating authority and the position advanced where compensation or other issues require formal determination.

Certain disputes require urgent relief before the underlying proceeding can be determined. An injunction or preservation order may be sought where steps involving the property could materially affect the rights being asserted in the litigation.

At the outset, we assess the evidentiary record, the urgency of the circumstances and the relief sought. This allows the immediate application to be developed in the context of the broader dispute rather than separately from the claim it is intended to protect.

A judgment does not always bring a dispute to an end. Further proceedings may be required where enforcement is directed against an interest in real property.

We advise on and pursue enforcement measures affecting land, having regard to the judgment obtained, the ownership interest involved and the applicable legal framework. Our litigation experience allows the enforcement strategy to be considered alongside other registered interests and procedural issues affecting the property.