real estate disputes.
Whether by agreement or in court, we resolve disputes relating to commercial tenancies, agreements of purchase and sale, and mortgage enforcement.
Commercial landlords and tenants retain us in disputes relating to lease termination, rent arrears, non-rent breaches like unauthorized improvements or sub-leases, and bailiff intervention.
We assist mortgage holders (lenders) and mortgagors (borrowers) in foreclosure and sale proceedings, and partition and sale proceedings.
leigh.law
Our Real Estate Law practice focuses on dispute resolution in commercial leasing, mortgage enforcement and commercial and residential APS. We are an experienced counsel in a spectrum of issues including boundary disputes, forfeiture and re-entry under commercial leases, contract breaches, mortgage enforcement, Commercial Tenancies Act disputes, and property title issues. With a steadfast commitment to protecting our clients’ interests and resolving conflicts through strategic negotiation or vigorous litigation when necessary, leigh.law is a trusted advisor to their clients in navigating the intricacies of real estate disputes. Trust us to safeguard your rights while ensuring timely and fair resolution of disputes.
commercial tenancy disputes.
Commercial tenancies disputes are those between a commercial landlord and their tenant (or sub-tenant). This is an old and complex area of law that derives rules from statute and the common law (ie judge made law). However, the most important document governing the relationship between the commercial landlord and tenant is the commercial lease, which is a type of contract specific to this area of law. We have acted for dozens of landlords and tenants in various commercial leasing disputes.
The lease will generally identify the leased property, the parties to the lease, the term (ie length) of the tenancy, and the amount of rent owed (including additional rents like taxes, maintenance and interest (TMI)). Leases also prescribe events of “default” by the tenant, which usually include non-payment of rent, unauthorized subletting or assignment of the lease, or unauthorized improvements of the land by the tenant. When events of default occur, the relationship between a landlord and tenant can sour quickly and landlords often retain the services of a bailiff.
In the commercial leasing context, a landlord has sweeping power to ensure rent is paid and general compliance with the terms of the lease. These powers include self-help remedies like distress, which empowers a landlord to enter the leased premises and seize the tenant’s goods in order to satisfy rent. This type of remedy is unique to commercial leasing law, and entails specific rules that a landlord must follow if they choose to exercise it.
Another way landlord’s enforce the lease is by terminating the tenancy and changing the locks on the premises, thereby denying the tenant the ability to use it and carry on its business.
A landlord will usually retain the services of a bailiff to effect their enforcement. Bailiff are licensed professionals that do things like change locks on premises and then negotiate with tenants for continued entry to a premises while rent arrears are being paid. They also assist landlords in distraining (ie seizing) a tenant’s goods for sale at a public auction in order to satisfy rent arrears. Bailiffs are supposed to be specialized and knowledgeable in the area of commercial leasing and understand the rules surrounding distress, termination or forfeiture of a lease, and the right of re-entry. However, in our experience bailiffs often times overstep their authority and need to be checked by a court, which maintains the ultimate jurisdiction to make determinations about a lease dispute.
Since the rules around commercial leases are derived from multiple sources (ie the lease, the Commercial Tenancies Act, and the common law) they can be complex and are always case-specific. At the same time, the landlord’s authority to enforce the lease can be sweeping and destroy a tenant’s business. They are therefore extremely powerful when exercised properly. When exercised improperly, however, the ramifications can be expensive if a court orders damages for a illegal conduct. It is therefore very important to consult a commercial leasing lawyer prior to and during any disputes between landlords and tenants.
residential APS disputes.
A house is often a person’s biggest asset, and buying or selling a home is therefore one of the most impactful and important processes a person can undertake. When a residential real estate purchase goes wrong, the buyer or the seller, can be left with huge bills they are responsible for in their personal capacity. Adding to this dilemma recently cooling real estate market precipitated by rising interest rates which has led to a fall in house prices. The result has been that agreements of purchase and sale quickly become outdated and no longer reflect market prices when closing occurs months later. When an APS does not close in this context, home sellers can experience huge losses when they try to resell the same property later to different buyers. Depending on the terms of the APS, sellers may look to purchasers to pay for the difference, which can mean hundreds of thousands of dollars in damages.
Residential real estate litigation is dictated by the terms of the APS and the common law (ie judge-made law). It can also engage negligence law depending on the conduct of a real estate broker or sales agent when the latter acts as agent to the buyer or seller in the transaction.
Disputes also arise after a buyer moves into a home. In the latter context, homeowners often find deficiencies or defects in the property they purchased that were not disclosed prior to the sale.
real estate law services.
Commercial
Resolving Complex Real Estate Conflicts. leigh.law’s Real Estate Law division offers adept legal guidance and representation in intricate commercial tenancies disputes, safeguarding your interests and striving for fair and effective resolutions.
Residential
Navigating Real Estate Contracts. A residential real estate transaction is often the highest value purchase or sale a person makes in their life. When things fall apart, the financial implications can be disastrous and far outstrip what the home buyer or seller can reasonably absorb. It is therefore very important to engage a lawyer as early as possible in the process and as soon as problems arise.
Mortgage Disputes
Resolving Complex Real Estate Issues. Rising interest rates means more and more people are defaulting on mortgages. We act for mortgagors and mortgagees in private and commercial mortgage disputes. We have a wealth of experience enforcing and resisting mortgage foreclosure proceedings.
Contracts
Precision in Real Estate Contracts. leigh.law’s Real Estate Law division offers meticulous expertise in drafting, reviewing, and interpreting contracts, ensuring clarity and protection of our clients’ interests in property transactions.
Why you need a real estate lawyer.
Navigating the complexities of real estate transactions demands legal expertise. At leigh.law, our Real Estate Law division understands the intricacies and potential pitfalls within property dealings. From contract intricacies to intricate legal nuances, having a seasoned real estate lawyer ensures comprehensive guidance, protection of your rights, and a smooth journey through the intricacies of property transactions. Trust leigh.law to safeguard your interests and provide invaluable support in every step of your real estate endeavors.
Construction disputes.
We represent property owners, contractors and sub-contractors in disputes that arise before, during or after residential or small commercial construction projects. Construction law is governed by Ontario’s Construction Act, which is a highly technical piece of legislation that requires strict adherence to its rules and timelines. In issues relating to construction law, it is therefore always a good idea to involved a construction lawyer at an early phase in your construction project.
Why You Need A Construction Lawyer.
The Construction Act grants contractors and owners with powerful tools like a contractor’s right to place a lien on property. Liens can cause huge headaches for property owns as they encumber the property and hinder its sale. But with great power comes great responsibility and contractors who fail to follow the rules regarding construction liens risk losing the validity of a lien or exposing themselves to liability for improperly asserted liens.
The new Construction Act also includes useful and quick dispute resolution mechanisms that can keep a project moving while minor disputes are worked out simultaneously through affordable arbitration. Owners and contractors are encouraged to seek legal advice early and often during construction projects so they know their rights and responsibilities. An efficient relationship between stakeholders based on knowledge and understanding is almost always the most economical option for all parties.
meet your lawyer.
Peter Leigh is a litigator and the founder of leigh. law. He is a former prosecutor and Bay Street litigator.
Peter spent the first seven years of his legal career at McCarthy Tétrault, where he litigated high-stakes and high-profile disputes for some of the country’s most prominent corporations, institutions, and individuals. He then joined the Ministry of the Attorney General as a Crown Attorney in his hometown of Hamilton, where he prosecuted criminal trials and hearings related to fraud, breach of trust, sexual assault, property crimes, and guns and gangs.
Peter brings to bear his experience, dedication, and fearlessness to every client’s dispute. He acts for corporations, shareholders, professionals and individuals in a wide range of litigation including shareholder and partnership disputes, real property litigation, professional and personal liability claims, and allegations of fraud. He has litigated cases at all levels of court in Ontario, and arbitral and administrative tribunals across the province.
service Area.
- Toronto
- Etobicoke
- Vaughan
- North York
- Scarborough
- Richmond Hill
- New Market
- Markham
- Pickering/Ajax
- Brampton
- Mississauga
- Oakville
- Burlington
- Milton
- Guelph
- Hamilton
- Brantford
- St. Catharines
- Niagara Falls
- Grimbsy
real estate law faq.
Here are some answers to frequently asked questions regarding Real Estate Law. If you don’t find the answer you are looking for, please contact us.
While always beneficial, construction contracts can be formed with or without a written contract.
The contractor’s right to lien a property arises automatically by virtue of them having provided services and materials to property. This automatic lien generally lasts for 60 days from the date the contract is completed or substantially performed. The lien must then be ‘preserved’ by registering it, and then ‘perfected’ by commencing a lawsuit. There are strict timelines associated with each stage of the lien which, if not followed, are fatal to the ability to claim the lien.
Ontario’s new Construction Act has a “prompt payment” regime which allows the parties to the contract to settle disputes that arise as the project unfolds. This new feature of the Act allows for timely resolution of minor disputes before they become major. Lie the Act as a whole, the prompt payment regime entails strict timelines that must be followed.