Real Estate Litigation
Real estate disputes involve some of the largest financial stakes people and businesses face. Whether a transaction has failed, a party has misrepresented what they were selling, a neighbour is encroaching on your property, or fraud has been committed in connection with a real estate deal, you need a real estate litigation lawyer who can move quickly and effectively. We represent individuals, investors, and businesses in property disputes across Ontario and British Columbia.
Speak With a Real Estate Litigation LawyerWhat Is Real Estate Litigation?
Real estate litigation covers the disputes that arise in connection with the purchase, sale, ownership, development, and use of real property. Unlike the transactional side of real estate law, which focuses on completing deals, real estate litigation deals with what happens when those deals go wrong, when the parties cannot agree on their rights, or when one party has acted dishonestly or in breach of their obligations.
Property disputes in Ontario and BC can be heard in multiple forums depending on the nature of the claim and the relief sought. Most significant real estate litigation proceeds in the Superior Court of Justice in Ontario or the BC Supreme Court. Urgent applications, including injunctions to prevent a party from dealing with property pending resolution of a dispute, can be obtained on short notice where the circumstances require it.
Lawyers for property disputes need to understand not just litigation procedure but the substantive real estate law that governs what each party was entitled to expect from the transaction or the relationship. That combination of skills is what we bring to every real estate dispute file.
Types of Real Estate Disputes We Handle
Failed Purchase and Sale Transactions
When a real estate transaction fails to close, the legal consequences can be significant for both sides. A buyer who refuses to close may forfeit their deposit and face a claim for damages representing the difference between the contract price and the price at which the property is ultimately sold. A seller who fails to close may face a claim for specific performance compelling them to complete the transaction, or a damages claim for the buyer's losses. Real estate litigation lawyers handle both sides of these disputes and advise on which remedies are most effective given the specific circumstances.
Misrepresentation in Real Estate Transactions
Misrepresentation claims arise when one party to a real estate transaction has made false statements about the property that induced the other party to enter the deal. Those statements may relate to the condition of the property, zoning or permitted use, environmental issues, the existence of disputes or encumbrances, or the financial performance of an income-producing property. Where the misrepresentation was fraudulent, the remedies available are broader and the conduct of the seller or their agent can attract significant consequences.
Real Estate Fraud
Real estate fraud is a serious and unfortunately not uncommon problem in Ontario and BC. It can take many forms: title fraud where a property is transferred or mortgaged without the owner's knowledge, mortgage fraud involving false representations to lenders, fraudulent flipping schemes, and fraudulent misrepresentation about the nature or value of a property. A real estate fraud lawyer can advise on both the civil remedies available to victims and the steps that should be taken immediately to protect the property and preserve evidence.
Title fraud, in particular, requires urgent action. Where a fraudulent transfer or mortgage has been registered against a property, steps must be taken quickly to have those registrations set aside before the fraudster deals further with the property. Courts can grant urgent orders in these circumstances and the land titles assurance fund in Ontario provides additional protection for innocent victims in certain cases.
Boundary and Encroachment Disputes
Disputes about where one property ends and another begins, and about structures or improvements that encroach across a boundary, are among the most common property disputes between neighbours. Resolution depends on an accurate survey of the affected properties, the title documents, and in some cases historical use of the land. Where an encroachment is established, the remedies range from compensation to a mandatory order requiring the encroaching structure to be removed.
Easements and Rights of Way
Easements give one property owner the right to use part of another's property for a specific purpose, such as access to a road or the right to run utilities across neighbouring land. Disputes arise about whether an easement exists, what its scope is, whether it has been interfered with, and what compensation is owed for its use or for its interference. These disputes require careful analysis of the title documents, the history of the land, and the applicable property law in Ontario or BC.
Construction and Development Disputes
Real estate development projects generate a significant volume of litigation: disputes between developers and contractors, deficiency claims, construction lien proceedings, disputes between co-developers or joint venture partners, and claims arising from delays or cost overruns. Construction liens in Ontario are governed by the Construction Act, which imposes strict deadlines for preserving and perfecting lien rights. Missing those deadlines can result in the loss of a valuable security interest. We advise on construction disputes and lien proceedings in both Ontario and BC.
Landlord and Tenant Commercial Disputes
Commercial landlord and tenant disputes, including claims for unpaid rent, disputes over lease interpretation, early termination claims, and disputes about the condition of premises at the end of a tenancy, are resolved through civil litigation rather than through the residential tenancy tribunals that handle residential disputes. We act for both landlords and commercial tenants in these matters.
Real estate disputes often require urgent action. The longer a problem goes unaddressed, the more it can affect the value and security of the property. Call us to understand your options.
1-800-771-7882 Talk to a Lawyer for Property DisputesReal Estate Fraud: What to Do If You Are a Victim
Real estate fraud can devastate victims financially and leave them in a deeply uncertain legal position regarding their own property. A real estate fraud lawyer can help you understand what happened, what steps are available to undo it, and how to recover your losses.
Title Fraud
Title fraud occurs when someone fraudulently transfers title to a property or registers a mortgage against it without the owner's authority. This is most commonly accomplished through identity theft or through the use of forged documents. Where title fraud has occurred, urgent steps are required to have the fraudulent registration set aside and to prevent further dealings with the property. In Ontario, the land titles assurance fund provides compensation to innocent victims who suffer a loss as a result of title fraud in certain circumstances.
Mortgage Fraud
Mortgage fraud involves false representations made to a lender to obtain financing. It can involve inflated appraisals, undisclosed second mortgages, straw buyer arrangements, or misrepresentation of the borrower's identity or financial circumstances. Both the lender and innocent parties whose property is affected may have civil remedies available against those who perpetrated the fraud.
Fraudulent Misrepresentation in a Sale
Where a seller or their agent has made knowingly false statements about a property to induce a purchase, a claim in fraudulent misrepresentation may be available. This is distinct from innocent misrepresentation or negligent misrepresentation in the remedies it attracts. A successful fraudulent misrepresentation claim can support rescission of the transaction, damages including the full loss suffered, and in appropriate cases punitive damages.
Steps to Take Immediately
If you believe you are a victim of real estate fraud, contact a real estate fraud lawyer immediately. Do not sign anything, do not deal with the property, and do not make payments to parties whose identity or authority you are uncertain about. Preserve all documents related to the transaction and any communications you have received. The sooner legal advice is obtained, the more options are available to limit the damage and begin recovery.
Remedies in Real Estate Litigation
Specific Performance
Real property is considered unique in law, which means that damages alone are not always an adequate remedy for a breach of a real estate agreement. Specific performance is a court order requiring the party in breach to complete the transaction as agreed. It is available where damages would not adequately compensate the innocent party and where it would not be unjust to grant the order. Specific performance is one of the most important remedies in real estate litigation and distinguishes property disputes from many other commercial matters.
Injunctions
Where a party is about to deal with property in a way that would prejudice the other party's rights, an injunction can prevent that dealing while the underlying dispute is resolved. Injunctions in real estate matters are available on an urgent basis and can include orders preventing a sale, preventing the registration of a mortgage, or requiring a party to maintain the property in its current condition pending the outcome of the dispute.
Rescission
Where a real estate transaction was induced by misrepresentation or fraud, the innocent party may be entitled to rescind the transaction and be restored to their original position. Rescission requires that the parties can be put back where they started, which is not always possible where the property has been further dealt with or significantly altered.
Damages
Damages in real estate litigation compensate the innocent party for their financial loss. In a failed transaction, that may include the difference between the contract price and the market value at the relevant time, carrying costs, and other consequential losses. In a fraud case, damages may include the full amount lost as a result of the fraudulent conduct, and in appropriate cases an award of punitive damages.
Construction Lien Remedies
In construction disputes, a properly registered lien creates a charge against the property that must be satisfied before the property can be dealt with. Lien proceedings in Ontario under the Construction Act and in BC under the Builders Lien Act provide a specific mechanism for contractors, subcontractors, and suppliers to secure and recover amounts owed for work done or materials supplied to a construction project.
The remedies available in a real estate dispute depend heavily on the facts and how quickly you act. A real estate litigation lawyer can assess your position and advise on the most effective path.
1-800-771-7882 Get Advice From a Real Estate Fraud LawyerReal Estate Disputes in Ontario and British Columbia
Real estate law is provincial and the rules that govern property transactions, land registration, and dispute resolution differ between Ontario and BC in ways that matter to litigation strategy.
Ontario
Ontario operates a land titles system administered by the Ministry of Government and Consumer Services. Real estate litigation proceeds in the Superior Court of Justice. The Construction Act governs construction liens and imposes strict deadlines for preserving and perfecting lien rights. The Limitations Act, 2002 sets out the applicable limitation periods for most real estate claims, generally two years from discovery. Ontario's land titles assurance fund provides protection for innocent victims of title fraud in qualifying circumstances.
British Columbia
BC also operates a land title system under the Land Title Act. Real estate disputes proceed in the BC Supreme Court. The Builders Lien Act governs construction liens in BC and imposes its own set of deadlines and procedures that differ from Ontario's Construction Act. BC's Limitation Act applies a two-year discovery-based limitation period to most real estate claims. We practice in both provinces and advise on the applicable rules and how they affect strategy in each jurisdiction.
Real Estate Disputes: Frequently Asked Questions
The seller did not disclose a known defect. Do I have a claim?
Possibly. In Ontario and BC, sellers have a duty to disclose known latent defects that render a property dangerous or unfit for habitation. Where a seller knew of a serious defect and failed to disclose it, a claim in fraudulent or negligent misrepresentation may be available. The analysis depends on what was known, what was disclosed, and what the purchase agreement said about the condition of the property. Caveat emptor still applies to patent defects that a buyer could have discovered through reasonable inspection.
The buyer refused to close on our real estate transaction. What are our options?
Where a buyer refuses to close without lawful justification, the seller may be entitled to retain the deposit and sue for damages representing the difference between the contract price and the price achieved on a resale of the property, along with carrying costs and other losses. In some circumstances, a seller may also seek specific performance compelling the buyer to complete the transaction, though this remedy is less commonly available to sellers than to buyers. The right approach depends on the terms of the agreement of purchase and sale and the buyer's stated reason for refusing to close.
What is title fraud and how do I protect myself?
Title fraud occurs when someone fraudulently transfers your property or registers a mortgage against it without your knowledge or consent. Protecting yourself includes maintaining title insurance, monitoring your property's title periodically, and acting immediately if you receive unexpected communications about your property from lenders, lawyers, or government agencies you did not contact. If you suspect title fraud has occurred, contact a real estate fraud lawyer immediately. Speed is critical.
Can I get an injunction to stop a property from being sold while a dispute is ongoing?
Yes, in appropriate circumstances. A court can grant an injunction preventing a party from selling, mortgaging, or otherwise dealing with property while the underlying dispute is resolved. To obtain the injunction, you need to show there is a serious question to be tried, that you would suffer irreparable harm if the property were dealt with before the dispute is resolved, and that the balance of convenience favours granting the order. These applications can be brought urgently where the circumstances require it.
What is the deadline for registering a construction lien in Ontario?
In Ontario, under the Construction Act, a lien must generally be preserved within 60 days of the date of last supply of services or materials to the project, or within 60 days of the publication of a certificate or declaration of substantial performance, whichever is earlier. The lien must then be perfected by commencing an action and registering a certificate of action within 90 days of the last day for preserving the lien. These deadlines are strict and missing them can result in the permanent loss of lien rights. If you are involved in a construction dispute, get legal advice promptly.
My neighbour's fence is on my property. What can I do?
A boundary encroachment claim typically begins with obtaining an accurate survey confirming the location of the boundary and the extent of the encroachment. Where an encroachment is established, the remedies available include compensation for the use of your land, a mandatory order requiring the encroaching structure to be removed, or in some cases a negotiated resolution where the neighbour purchases the affected strip of land. The appropriate remedy depends on the extent of the encroachment, how long it has existed, and the practical circumstances of both properties.
Do you handle real estate litigation in both Ontario and BC?
Yes. We act for individuals, investors, and businesses in real estate disputes throughout Ontario and British Columbia. Whether your matter involves a failed transaction, a fraud claim, a boundary dispute, a construction lien, or a commercial tenancy conflict, we can advise on the applicable law and the most effective approach for your situation in either province.
Speak With a Real Estate Litigation Lawyer
Tell us about your situation. We will follow up promptly to discuss your options. You can also reach us directly at 1-800-771-7882.