Real Estate Disputes

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 joint venture of numerous real estate holdings and the insolvency trustee.

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.

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.

We successfully represented a real estate brokerage in the Court of Appeal for Ontario, against the broker’s former client about the representation and commission agreement. In siding with the real estate brokerage, the Court dismissed the appeal of the former client who was seeking to overturn a trial judgement against them.