Real Estate Investments
Informed consultation and representation to guide smart decisions for real estate investors
Commercial Dispute
Real estate investments
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
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
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.
Zoning Dispute
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.
Exclusive Use Dispute
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.
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