Real Estate Disputes

 —

Yan David Payne, Certified Specialist in Civil Litigation

EXPERIENCE YOU CAN RELY ON

We have successfully represented vendors, purchasers, investors, owners, neighbours, real estate agents, commercial landlords and commercial tenants, resolving hundreds of real estate disputes.  We have secured important Orders and valuable Court Judgments on behalf of our clients.  Our reported decisions include cases establishing new law in the Province of Ontario.

Payne Law can assist you in resolving disputes related to real estate including:

ABANDONED TRANSACTIONS

We successfully negotiate and litigate disputes arising from abandoned real estate transactions.  While 99% of our cases settle through negotiation, we are efficient and effective when it comes to securing Judgments.

See for example, Superior Court Judgment and Costs of over $100,000.00 obtained on behalf of vendor as a result of a purchaser’s failure to close: C.S. v. R.N. – Judgment

REAL ESTATE INVESTMENT DISPUTES

We solve real estate investment and real estate business disputes, including professional liability claims against real estate professionals.

Where required, we litigate, secure, and enforce Court Judgments on behalf of our clients.

See for example, recent Judgment for over $700,000.00 obtained on behalf of firm client: Sywak v. Collver – Superior Court File No. 18-67074.

We regularly secure Preservation Orders and Certificates of Pending Litigation in cases where ownership of a property is in dispute.  For example in 2021, we secured Certificates of Pending Litigation (see, for example: CPL re. 40226-0068 – ISSUED – June 10.21 and CPL re. 40227-0081 – ISSUED – June 10.21) and we also obtained a Superior Court of Justice Order directing that a property be preserved, requiring all logging operations to cease.  See: Order from Justice Scott – ISSUED on May 31.21

In 2020, we argued one of the first remote Divisional Court appeal hearings in the Province’s history.  We were successful in upholding our clients’ right to sell a jointly-owned property, despite bitter opposition from the co-owner.  The Divisional Court upheld the sale and ordered costs in favour of our clients.  This comes shortly after we obtained multiple cost awards in early motions for a stay and for having initiated the appeal in the wrong court.  See 2020 Divisional Court decision: Krizan v. Skurdelis, 2020 ONSC 4386.  See also earlier motion decision denying the appellant a stay in the sale order and awarding costs in favour of firm client: Krizan v. Skurdelis, 2020 ONSC 451 and formal Order:  Krizan v. Skurdelis – Divisional Court File No. 712-19.

Also in 2020, we were successful at trial in having our client’s interest in a property recognized by the Superior Court of Justice, and in obtaining an Order compelling the sale of the property.  All of this despite the fact that our client had been out of the property for over 10 years.  The claim was bitterly opposed.  In 2020, the Court rendered its decision in favour of our client: July 6, 2020 Judgment of Justice Faieta

NEIGHBOUR NEGLIGENCE AND NUISANCE

We help solve serious boundary, trespass, and nuisance disputes.  Where necessary, we secure and enforce Court Judgments.  For example, in M. W. v. G.B., we successfully enforced $1,093,613.30 Judgment against a neighbour due to flooding damage.  We pursued a forced sale of the neighbour’s property and, as a result, we were able to extract full payment on the Judgment.

The Defendant’s insurer’s attempt to interfere was dismissed by the Superior Court of Justice, with costs.

See Superior Court of Justice decision: State-Farm-Fire-and-Casualty-Company-and-Graziano-Biadi-v.-M.W.-Superior-Court-File-No.-624-18

COMMERCIAL TENANCY DISPUTES

We have resolved hundreds of tenancy disputes, including complex and high-stakes litigation.  In cases where there is no prospect for reasonable discourse, we thrive in trial and appeal settings.  We always follow through.  See, for example, Superior Court of Justice trial Judgment and Ontario Court of Appeal Order upholding the Judgment for $364,180.70, plus costs, secured on behalf of our client, a commercial tenant:

Superior Court Judgment: Dardha v. Theodore (Sup. Ct.)

Ontario Court of Appeal Judgment: Dardha v. Theodore (ONCA)

PROPERTY RIGHTS

In 2020, we argued one of the first remote Divisional Court appeal hearings in the Province’s history.  We were successful in upholding our clients’ right to sell a jointly-owned property, despite bitter opposition from the co-owner.  The Divisional Court upheld the sale and ordered costs in favour of our clients.  This comes shortly after we obtained multiple cost awards in early motions for a stay and for having initiated the appeal in the wrong court.  See 2020 Divisional Court decision: Krizan v. Skurdelis, 2020 ONSC 4386.  See also earlier motion decision denying the appellant a stay in the sale order and awarding costs in favour of firm client: Krizan v. Skurdelis, 2020 ONSC 451 and formal Order:  Krizan v. Skurdelis – Divisional Court File No. 712-19.

We are experienced in handling all manner of property rights disputes.  For example, we were able to set new law at the Ontario Court of Appeal establishing the right to sue by-law enforcement officers and municipalities for negligently enforcing their by-laws.

Read the Ontario Court of Appeal’s formal decision: Rausch v. Pickering (City), ONCA.

Past results are not necessarily indicative of future results.  The amount recovered and other litigation outcomes will vary according to the facts in individual cases.  Please speak with us about the facts of your case.

Certified Civil Litigation Specialist, Real Estate Litigator

Top Real Estate Litigators in Toronto

Top Civil Litigation Lawyers for Abandoned Real Estate Transactions

Top Real Estate Dispute Court Lawyers

Comments are closed.