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Real Estate Litigation

Real estate disputes can have significant financial and legal consequences. We represent property owners, purchasers, developers, landlords, and businesses in a wide range of residential, commercial, and industrial real estate disputes.

Our practice includes disputes involving purchase and sale agreements, commercial leases, builders’ liens, strata matters, real estate development, title issues, property defects, and boundary disputes. We work to resolve matters efficiently whenever possible, while remaining prepared to advocate for our clients in court or arbitration when necessary.

We also bring a strong practical perspective to every matter. We understand that legal decisions must balance risk, cost, and outcome, and we strive to achieve solutions that protect our clients’ long-term interests while preserving valuable business relationships whenever possible

Purchase and sale contracts

  • We advise clients on the legal risks associated with purchasing and selling residential and commercial property, helping them navigate transactions with confidence. Our experience includes acting in trials and arbitrations involving real estate contracts, disputes over non-disclosure of defects, failed transactions, and the return or forfeiture of deposits. We bring a practical, litigation-informed approach to property matters, with a focus on resolving disputes efficiently and protecting our clients’ financial interests.

Ryan, Audrey, and Andrew were counsel for one of the longest commercial trials in Victoria’s history. The subject was a large piece of industrial land in downtown Victoria along the Inner Harbour. They managed 27 witnesses for their client, and over 1,000 tendered documents. They cross-examined businesspersons, lawyers, accountants and business valuators on an asset sale, share sale, and their lengthy negotiation and documentation.

Development management and construction

  • We advise clients on the legal risks associated with construction and development projects, helping them anticipate and manage issues before they escalate. Our experience includes litigation and arbitration involving development management agreements, project management contracts, general contractor agreements, and subcontractor disputes. We also regularly assist with builders’ liens, including both filing and removal. We take a practical, solutions-focused approach to construction disputes, with an emphasis on protecting timelines, budgets, and commercial relationships wherever possible.

Ryan was lead counsel in a multi-week hearing of a commercial arbitration over the investments, construction, and sale of a subdivision of many homes.

Ryan was lead counsel for a limited and general partner that owned several properties and was developing them into condo buildings. Ryan ran claims in court against the development manager and the construction company, and he obtained orders striking various pleadings and entering judgments. He also dealt with a receiver manager and negotiated with home warranty insurers in a legal action brought by a strata corporation for deficiencies.

Mortgage foreclosures

  • We have petitioned the court to foreclose on mortgages, for development properties with multiple parcels.

We obtained an immediate order absolute for a mortgage lender to take title to more than 20 properties in a residential subdivision

We obtained an immediate order absolute for a mortgage lender to take title to two properties, and concurrently, orders substituting the petitioner after the lender assigned its interest in the mortgage after commencing foreclosure proceedings.

Commercial leases, collections of rent, and evictions

  • We draft and review commercial lease agreements and advise clients on the legal and commercial risks associated with leasing arrangements. We also act for landlords in enforcing their rights, including remedies for unpaid rent, lease termination, and related court proceedings. Our experience includes obtaining eviction orders and coordinating with bailiffs to regain possession of commercial premises where necessary.
  • Garnishments: We have garnished bank accounts for the payment of outstanding rent. We have obtained default orders for payment of hundreds of thousands of dollars in outstanding rent.

Ryan was lead counsel in two successful appeals for a landlord under a commercial lease, evicting the tenant of a marihuana production facility, near Patricia Bay Hwy and Island View Rd., Victoria.

Ryan ran a successful trial to collect rent arrears from a commercial tenant.

Strata and REDMA

  • We advise strata corporations, strata councils, and owner developers on governance issues, disputes, and claims involving strata properties. Our work includes matters under the Real Estate Development and Marketing Act and related regulatory frameworks.
  • We have acted for owner developers in complex litigation involving alleged misrepresentations relating to construction materials and the condition of major building systems.
  • We also advise on compliance with disclosure obligations, including the preparation and interpretation of disclosure statements, the timing of amended disclosures, and potential exposure to regulatory penalties.
  • In addition, we assist purchasers in pre-sale agreements who seek to terminate contracts on the basis of non-disclosure of material facts, as well as claims for rescission and damages.

We acted for an owners developer to defeat a claim for over $100,000 by the strata corporation on the constitution of strata council, contribution to the contingency fund, and maintenance of common property. The claim was complex with multiple parties including successive owners through foreclosures.

We acted for an owner developer of a condo building, and we defended a claim for misrepresentations over the choice of construction materials and the condition of major assets.

Encroachments, conservation covenants, and buildings schemes

  • We have advised on legal actions to have encroachments removed or easements granted. We have analyzed and acted on land surveys, conservation covenants, and building schemes.

Builders liens

  • We deal with filing builders liens, resolving builders liens disputes at an early stage, negotiating the payment of security for builders liens, and where necessary, commencing and defending legal actions related to the enforcements of builders liens, including successfully applying to court for summary dismissal of builders liens claims which were improperly filed or enforced and to have the security funds paid out to our client.

Ryan petitioned the court successfully for discharge of a CPL.

Co-ownership of property

  • We have negotiated the end of co-ownership arrangements, and we obtained orders from the court for the sale of co-owned property, after accounting for occupational rent and the repair costs.