ONTARIO PROPERTY BOUNDARY, ENCROACHMENT, EASEMENT, RIGHT OF WAY, NUISANCE, ZONING, LAND USE, PARTITION & SALE, COMMERCIAL TENANCY, CONDOMINIUM, CONSTRUCTION LIEN, MORTGAGE & TITLE INSURANCE DISPUTE LAWYERS
As long as land rights have been recognized, there have been fights over those rights. And there's been a need for advocates to help rights holders assert their rights.
Real estate property values in Ontario continue to rise out of all proportion to inflation, which may be leading to increasingly contentious disputes over real property. Through skilled advice, negotiation and litigation, we fight to secure and protect your property rights.
We recognize that legal fees need to be proportionate to property values in order to be justifiable. We strive to pick the appropriate resolution mechanism for property disputes at a managed cost, be that negotiated settlement, relatively expeditious court application to determine property rights, or more involved court action where damages and significant factual issues are in dispute.
What are Peaceful Use & Access Property Rights
You have the right to peacefully use and enjoy your property, without undue disturbance from others through nuisance, flooding, noise, pollution, or trespass.
You have the right to utilize rights of way or easements to your property, and the right to contest illegitimate rights of way or easements claimed by others against your property.
You can assert your property rights in adverse possession and under the Road Access Act, R.S.O. 1990, c. R.34.
You have the right to defend yourself against or advance environmental claims related to your property.
You have the right to contest zoning or land use issues.
You have the right to assert condominium owner rights.
You have the right to contest property taxation.
What are Rights to Dispose of Property
You have the right with court consent to partition and sale of your property so as not to be perpetually stuck in co-ownership with someone else.
You have the right to demand an accounting from someone else charged with the fiduciary duty of administering your property.
You have the right to be fairly paid for your property, as ongoing rent or a one time sale.
You have the right to value for your money if you're renting or buying property.
You can insist upon your rights to occupation as a tenant, or vacant possession and rent arrears as landlord, under the Commercial Tenancies Act, R.S.O. 1990, c. L.7.
You have the right to insist on the reasonable fulfillment of a contract relating to property, or to be compensated for its breach.
What are Creditor-Debtor Property Rights
You have the right to be paid for your work and supplies if you're a builder or sub-contractor on a property, including pursuing a construction lien.
You have the right to receive what you contracted for if you've hired a builder to improve your property, including claiming for delays in completion.
You have the right to enforce a mortgage you hold if it goes into default, including through power of sale, foreclosure, possession and shortfall proceedings.
You have the right to resist mortgage enforcement against your property if the lender is acting unreasonably.
You have the right to assert your property claims in a bankruptcy or insolvency.
Our Property Dispute Resolution Services
- Injunction Applications to halt trespass or nuisance activities by neighbours, including flooding, noise, light & dust pollution, as well as remove encroachments of one property on another property.
- Easement & Right of Way Applications to confirm or restrict lawful access to one property over another property.
- Boundary Determination Applications to confirm the property lines of real estate where the results of a land survey are either inconclusive or not accepted by all parties.
- Road Access Act Applications to close or confirm an access road.
- Applications to Resolve Ownership Disputes over real property, including applications involving wills & estates, contracts, and constructive trusts.
- Partition & Sale Applications to sever joint ownership of a property where not all owners will consent to sale, resulting in either dividing the property or selling the property with proceeds of sale being split amongst owners after an accounting.
- Accounting Applications to require the person having charge of the books & records and the paying of expenses for real estate to justify the state of finances of a property, and to fairly equalize the relative contributions of the parties.
- Zoning Applications to municipal tribunals and the courts where disputes arise over the status of current zoning, the permissible uses under such zoning, or the reasonableness of refusals to rezone.
- Commercial Tenancy Applications under the Commercial Tenancies Act to confirm landlord or tenant rights.
- Condominium Applications to determine condominium owner or board rights & obligations.
- Construction Lien Enforcement or Defence Applications to determine disputes over unpaid construction costs for buildings.
- Mortgage Applications to enforce private mortgages or defend against the unreasonable enforcement by lenders of mortgages.
- Appeals to the Court of Appeal for Ontario on property disputes where Superior Court of Justice Applications or Actions have been unsuccessful.
- Title Insurance Claims for residential or commercial property owners who have purchased a title insurance policy at the time of acquiring real property. Such insurance (often sold by Stewart Title or First Canadian Title) often represents good value for money given the high costs that can be associated with remedying title defects. However, making a claim under those policies can be complex. We assist title insurance holders in gathering, analysing, and presenting all the required evidence to maximize the prospects of a successful claim, and will negotiate with the insurance company for you when there are difficulties with approving a claim. We can also often act for you in pursuing legal remedies under a policy once a claim has been approved, as most title insurers let you select your lawyer of choice if legal action is required.
The Real Property Rights Lawyers
Gordon S. Campbell as the firm's Senior Barrister and Managing Lawyer has been solving property disputes for over 20 years, successfully litigating contentious cases as high as the Supreme Court of Canada. He regularly appears before the Ontario Superior Court of Justice, Ontario Divisional Court, Bankruptcy Court, Court of Appeal for Ontario, Federal Court & Federal Court of Appeal, Tax Court of Canada, and boards & tribunals dealing with property rights.
He is assisted in his protection and assertion of property rights by Barrister Karen Kernisant.
Matthew MacLean as the firm's Senior Solicitor provides expertise on real estate conveyancing, contracts, surveys and building issues, as well as estate administration.