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Real Estate Investments

Informed consultation and representation to
guide smart decisions for Real Estate Investors

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In the real estate investment industry, disputes frequently
come up in the following areas.

Shareholder Disputes

  • Project funding
  • Sales or purchase transactions
  • Breach of contract

Real Estate Construction

  • Breach of contract
  • Missed deadlines/milestones and related penalties
  • Price increases
  • Unexpected costs
  • Project cancellation

Real Estate Renovation

  • Project delays or disputes with contractors due to shortages in materials
  • Labour shortages/works stoppages
  • Increased costs
  • Quality of the work

Who We Help & How We Help

We advise real estate investors, partners and shareholders about their rights and obligations. We have extensive litigation, mediation and arbitration experience working with buyers, sellers, and other parties in common areas where disputes arise, including, but not limited to:

  • Zoning exclusions
  • Market corrections
  • Breach of contract
  • Failed closings and transactions
  • Rental and lease agreements
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Law Works -
Cases Related to
Real Estate Investment

A sample of our recently concluded real estate litigation cases that have resulted in a successful court decision or settlement:

Commercial Insolvency Dispute

Farber v. Goldfinger

Case Synopsis

Ben Hanuka acted as co-counsel in a complicated insolvency proceeding on the Commercial List and Bankruptcy divisions of the Superior Court of Justice of Ontario under the Bankruptcy and Insolvency Act. The case involved a complex dispute between the partners of a large real estate joint venture of numerous real estate holdings and the insolvency trustee.

Exclusive Use Dispute

2214416 Ontario Inc. v. Peel Standard Condominium Corporation No. 937 (Brisdale Plaza Inc.)

Case Synopsis

We successfully represented a commercial condominium shopping centre unit owner in the Court of Appeal for Ontario, which overturned the decision of the original court application on the grounds of fresh evidence. The dispute was about rights to the exclusive use of a restaurant in the shopping centre.

Zoning Dispute

Dr. Laura Iliagviev Dentistry Professional Corporation v Vaughan (City)

Case Synopsis

We successfully represented a dental clinic in a zoning dispute with another dental offices in the same area about the minimum required number of parking spaces based on the municipal zoning by-law. We represented the challenging dental clinic in an appeal to the Ontario Municipal Board of the decision of the Committee of Adjustment of the municipality. The case resulted in a resolution approved by the Ontario Municipal Board.

Related Resources

  • Commercial/Real Estate|
  • Franchisor|
  • Lawyer|

Ontario Court of Appeal upholds $1 million judgment against landlord for oral misrepresentations about customer parking

By: Anthony Pugh, Law Works Editor: Ben Hanuka, Law Works In Spot Coffee Park Place Inc. v. Concord Adex Investments Limited, a January 12, 2023, decision of...

Anthony Pugh Associate

  • Commercial/Real Estate|
  • Lawyer|

Supreme court clarifies legal test of “Private Taking” in land rights disputes with public authorities

By: Ben Hanuka, Law Works PC/LC The Supreme Court of Canada has released a ground breaking decision about the law of “constructive taking” in land rights disputes...

Ben Hanuka Principal of Law Works PC (Ontario), Ben Hanuka PC (Alberta) and Law Works LC (British Columbia)

  • Commercial/Real Estate|
  • Lawyer|

Ontario Court of Appeal confirms no claim by innocent buyer to rise in property value after failed transaction

By: Anthony Pugh, Law Works Editor: Ben Hanuka, Law Works In Akelius Canada Ltd. v. 2436196 Ontario Inc., a March 30, 2022, decision of the Court of...

Anthony Pugh Associate

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