Commercial Real Estate Disputes

Commercial Real Estate Litigation

Real estate disputes often arise between parties to the sale of commercial real estate property, debtors and creditors, shareholders, and landlords and tenants under a commercial lease, among many other types of real estate disputes.

Types of Real Estate Disputes that Can Benefit from Representation by a Commercial Litigation Lawyer

Parties would be wise to retain the services of an experienced commercial litigation lawyer when involved in complex real estate disputes, including any of the following:

• Sale or purchase transactions;
• Project funding or cancellation disputes;
• Missed construction deadlines, milestones or related penalties;
• Disputes with contractors due to shortages in materials;
• Labour shortages, work stoppages and quality of work;
• Price increases, cost increases and unexpected costs;
• Breach of contract;
• Minority shareholders corporate oppression allegations;
• Remedies for breach of loan and other financing arrangements, and
• Renovation and construction claims.

The Commercial Real Estate Litigation Process

Commercial litigation is a court process for adjudicating a dispute. The final step in the litigation process is a trial (unless the case is settled before that). After a trial is concluded, the trial judge makes a decision about the claim and defence. If the claim is successful, the trial judge may award damages.

The major phases of the commercial litigation are:

• internal investigation and evaluation by each side and their lawyer of the key facts, evidence and legal issues in the dispute;
• commencing the case in court or defending the case – pleadings (claim, defence/response and, if applicable, counterclaim);
• discovery of the evidence (including out of court witness examination/questioning), court applications/motions to resolve procedural disputes (such as disputes about steps, timetables, production of documents, etc.);
• trial.

How Law Works Helps With Commercial Real Estate Litigation

We have deep and wide-ranging experience representing parties in real estate disputes in litigation, including mediations, hearings and appeals. We vigorously protect our clients’ rights and are savvy advisors around the boardroom table in all areas of real estate disputes.

Our principal and founder, Ben Hanuka, has over two decades of experience as a commercial litigator. For many years before launching Law Works in 2012, Ben led a successful career in downtown Toronto, at a mid-sized firm, followed by a boutique litigation firm.

Scope and Cost of Litigating a Commercial Real Estate Dispute

The scope and cost of a commercial litigation can vary significantly depending on the following factors:

• the complexity and importance of the facts, evidence, and legal issues in the dispute;
• the amounts in dispute;
• the complexity of the proceeding;
• if there are related proceedings;
• the number of procedural steps that have to be taken or that the opposing party takes;
• any party’s denial of or refusal to admit anything that should have been admitted;
• the conduct of any party that tends to shorten or lengthen unnecessarily the duration of the proceeding, and
• any other relevant factor that can affect the legal fees or overall costs of the litigation.

Read more about the full costs and scope of litigating a commercial real estate dispute

Commercial Real Estate Arbitration

Commercial arbitration involves a dispute under a contract or other business arrangement where the parties have agreed to resolve their dispute by arbitration.

Real estate disputes often arise between parties to the sale of commercial real estate property, debtors and creditors, shareholders, and landlords and tenants under a commercial lease, among many other types of real estate disputes.

Types of Real Estate Disputes that Could Benefit from Representation by a Commercial Litigation Lawyer

Parties would be wise to retain the services of a commercial litigation lawyer with experience in commercial arbitration when involved in complex commercial arbitration cases, including any of the following:

• Sale or purchase transactions;
• Project funding or cancellation disputes;
• Missed construction deadlines, milestones or related penalties;
• Disputes with contractors due to shortages in materials;
• Labour shortages, work stoppages and quality of work;
• Price increases, cost increases and unexpected costs;
• Breach of contract;
• Minority shareholders corporate oppression allegations;
• Remedies for breach of loan and other financing arrangements, and
• Renovation and construction claims.

The Commercial Real Estate Arbitration Process

Commercial arbitration is a private legal proceeding that is governed by provincial or federal arbitration statutes (depending on the jurisdiction of the company involved) and by the terms of the parties’ arbitration agreement.

In a commercial arbitration, a neutral private arbitrator is selected by both parties, or otherwise appointed by a method set out in the arbitration agreement (or in the applicable arbitration statute).

The arbitrator will set the procedure for the arbitration case from start to finish. Depending on the terms of the arbitration agreement between the parties, the arbitrator’s decision is normally final and binding just like a judge’s decision in court.

Arbitration and court litigation involve significantly different procedures and rules. They do, however, share overall broad elements of the adversarial system – how disputes are presented, heard and determined. Like a court case, an arbitration involves these fundamental phases:

• Internal investigation and evaluation by each side and their lawyer of the key facts, evidence and legal issues in the dispute;
• Commencing the arbitration process or responding to the claim;
• Discovery of documents (and potentially witness examination/questioning);
• Potential pre-hearing motions or applications to determine procedural disputes (such as disputes about steps, timetables, production of documents, etc.), and
• The full hearing of the arbitration.

How Law Works Helps With Commercial Real Estate Arbitration

We have deep and wide-ranging experience representing parties in real estate disputes in arbitration, including mediations, hearings and appeals. We vigorously protect our clients’ rights and are savvy advisors around the boardroom table in all areas of real estate disputes.

Our principal and founder, Ben Hanuka, has over two decades of experience as a commercial litigator. For many years before launching Law Works in 2012, Ben led a successful career in downtown Toronto, at a mid-sized firm, followed by a boutique litigation firm.

Cost of Arbitrating a Commercial Real Estate Dispute

The scope and cost of a commercial arbitration dispute can vary significantly depending on the following factors:

• The complexity and importance of the facts, evidence, and legal issues in the dispute;
• The amounts in dispute;
• The complexity of the proceeding;
• If there are related proceedings;
• The number of procedural steps that have to be taken or that the opposing party takes;
• Any party’s denial of or refusal to admit anything that should have been admitted;
• The conduct of any party that tends to shorten or lengthen unnecessarily the duration of the proceeding, and
• Any other relevant factor that can affect the legal fees or overall costs of the arbitration.

Read more about the full costs and scope of arbitrating a commercial real estate dispute