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Litigation and advisory · Oakville and Ontario-wide

Real Estate and Property Litigation

Overview

KLF acts in real estate and property disputes for a range of clients including property owners, investors, developers, landlords, and tenants. Our real estate litigation practice covers both commercial and residential properties across Ontario, with a particular focus on matters arising in the Oakville, Mississauga, Burlington, and broader west GTA markets.

What we cover

Agreement of Purchase and Sale Disputes

Disputes arising from failed real estate transactions are among the most time-sensitive matters in litigation. KLF acts for buyers and sellers in claims arising from breaches of agreements of purchase and sale, including disputes over conditions, deposits, title issues, and vendor representations. Where the circumstances warrant it, KLF advises on and pursues claims for specific performance.

Commercial Lease Disputes

KLF is regularly instructed in commercial lease disputes for both landlords and tenants. These matters include disputes over lease interpretation, rent arrears, termination and repudiation, leasehold improvements, and use and exclusivity covenants. Commercial lease disputes frequently arise alongside broader shareholder or business disputes, and KLF has experience navigating those intersecting dimensions.

Income-Producing Property Disputes

Disputes involving income-producing properties present distinct legal and commercial considerations. KLF acts for owners and investors in matters involving the operation, management, and disposition of income-producing properties, including disputes with co-owners, property managers, and counterparties to purchase and sale transactions.

Condominium and Property Matters

KLF acts in condominium and strata property disputes for unit owners, corporations, and developers. This includes proceedings under the Condominium Act, 1998, including arbitrations under that statute, as well as other property-related proceedings before the courts and tribunals.

Mediations and Arbitrations

Real estate disputes are frequently well-suited to resolution through mediation or arbitration, whether by agreement of the parties or by operation of statute. KLF advises clients on forum selection and represents clients in real estate mediations and arbitrations as well as in court proceedings.

How we engage

A clear footing before we act.

Every matter begins the same way: conflicts and intake completed first, then a candid read of the position, then a focused plan for resolution. The steps are the same whether a file settles or is tried.

How an engagement begins
  1. Initial AssessmentWe review the facts, identify the legal issues, and provide a candid assessment of the position and the options.
  2. Strategic PlanningWe develop a focused strategy tailored to your objectives, timeline, and risk tolerance.
  3. ResolutionWe pursue resolution by the route the matter calls for, whether negotiation, mediation, arbitration, or litigation.
Common questions

Questions clients ask first.

  • What are the most common types of real estate disputes?

    Common disputes include failed closings, title defects, boundary and easement conflicts, construction defects, landlord-tenant matters, condominium disputes, and claims against real estate professionals for negligence or breach of duty.

  • Can I sue my real estate agent for negligence?

    Yes. Real estate agents and brokers owe fiduciary duties to their clients. If they fail to meet the standard of care expected of a reasonably competent agent, they may be liable for resulting financial losses.

Speak with a lawyer

The most direct way to discuss a matter is to call.

No forms required. We complete conflicts and intake before we act, so please do not send confidential details about a real estate and property litigation matter until we have confirmed we can.

Call the firm(905) 904-6003

Contacting us does not create a solicitor-client relationship. We must complete our conflicts and intake processes before we can act for you. Do not send confidential information through this form until we have confirmed we are able to act.