Practice Areas

Real Estate Litigation Lawyers

Construction Litigation

Construction litigation involves disputes over the construction of buildings and other structures. This can include disputes over contracts, construction defects, delays, or other issues. Disputes can arise between property owners, contractors, subcontractors, and architects.

Landlord-Tenant Disputes: Landlord-tenant disputes often involve issues related to rental agreements, lease disputes, and evictions. These disputes can be complex and require legal expertise to resolve. Common disputes can include issues such as rent arrears, breaches of the lease, maintenance and repair issues, and property damage.

Property Damage Claims

Property damage claims in Ontario involve legal disputes related to damage or destruction of property. Property damage claims can arise from a variety of causes, including natural disasters, accidents, and intentional acts. Property damage claims can be complex and require legal expertise to resolve.

There are several types of property damage claims that can arise in Ontario, including:

Insurance claims

Insurance claims involve disputes between an insured party and an insurance company over the coverage of a property damage claim. Insurance claims can arise from a range of causes, including fire, flood, and theft.

Example: A homeowner may file a property damage claim with their insurance company after their home is damaged in a fire.

Negligence

Negligence claims arise when a party causes property damage through their negligence or failure to exercise reasonable care. Negligence claims can arise from a range of causes, including car accidents, slip and falls, and fires.

Example: A driver may be held liable for property damage caused by a car accident that was caused by their negligence.

Nuisance

Nuisance claims arise when a party’s use of their property causes harm to their neighbors, such as by creating noise, odors, or other disruptions. Nuisance claims can arise from a range of causes, including industrial activities, construction, and commercial activities.
Example: A factory may be held liable for property damage caused by air pollution that is emitted from its operations.

Intentional acts

Intentional acts involve property damage that is caused intentionally, such as vandalism or arson. Intentional acts can give rise to claims for property damage and also for the emotional distress that results from such acts.

Example: A person may be held liable for property damage caused by intentionally setting fire to a building.

In Ontario, resolving property damage claims typically involves an examination of the relevant laws and regulations, as well as an analysis of the specific circumstances of the case. Legal arguments may involve issues related to negligence, tort law, and insurance law, as well as the relevant laws and regulations governing the type of property damage involved. Property damage claims can be resolved through negotiation, mediation, or litigation, depending on the nature and complexity of the dispute.

If a party is found liable for property damage, the court may order the party to pay damages to the injured party or to take other remedial actions to address the harm. In addition, parties may be subject to fines or penalties for violating relevant laws and regulations, such as environmental laws.

Boundary Disputes

Boundary disputes in Ontario involve disagreements between property owners over the location and ownership of a property’s boundary.

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Land Use Disputes
Land use disputes in Ontario arise when property owners or developers seek to use their land in a manner that conflicts with local zoning and planning regulations or other land use laws.

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Real Estate Litigation Consulting
At Carlson Associates, we have a deep understanding of the unique laws and issues that can arise during real estate litigation. As a result, we are often consulted by other lawyers to provide advice and guidance on litigation matters involving real estate.

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Condominium Law
Condominium law is a complex area of law that deals with legal issues related to the ownership, governance, and management of condominiums.

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Construction Litigation
Construction litigation involves disputes over the construction of buildings and other structures. This can include disputes over contracts, construction defects, delays, or other issues. Disputes can arise between property owners, contractors, subcontractors, and architects.

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Title Insurance Claims
Generally speaking, title insurance in Ontario is a form of insurance that protects property owners and lenders against financial loss related to title defects, liens, and other issues that could impact ownership or the ability to sell or refinance a property.

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Title Disputes
Title disputes in Ontario involve disagreements between parties over the ownership of a property or the validity of a property’s title. These disputes can be complex and require legal expertise to resolve. Title disputes in Ontario are governed by a combination of common law and statutory law, including the Land Titles Act and the Registry Act.

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Real Estate Fraud

As a litigation law firm, we understand that real estate fraud can be a serious problem for individuals and businesses. We know that it typically involves deceptive practices in real estate transactions, such as mortgage fraud, misrepresentation of property values, and other types of fraudulent behavior. We also know that real estate fraud can be perpetrated by individuals, real estate agents, brokers, or other parties involved in the transaction.

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Real Estate Contracts
Real estate contracts are a crucial part of any real estate transaction, as they establish the terms and conditions for the transfer of real property.

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Real Estate Agent and Broker Liability
Real estate agents and brokers in Ontario are licensed professionals who are subject to a range of legal and professional obligations. These obligations are designed to protect the interests of their clients and to ensure that they provide accurate and complete information to buyers and sellers. However, real estate agents and brokers can be held liable if they breach these obligations or if they engage in misconduct or negligence.

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Mortgage and Foreclosure Litigation
Mortgage and foreclosure litigation in Ontario involves legal disputes related to the foreclosure of a mortgage and the repossession of a property.

Mortgage and foreclosure litigation can be complex and require legal expertise to resolve. In Ontario, mortgage and foreclosure litigation is governed by the Mortgages Act and other relevant legislation.

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Easements and Rights of Way

Easements are legal rights granted to someone other than the owner of a property to use a specific portion of the property for a specific purpose.

In Ontario, easements are governed by the common law and the Land Titles Act, which provides for the registration of easements on a property’s title.

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Landlord-Tenant Disputes

Whether you are a landlord seeking to evict a tenant, or a tenant facing eviction or other legal issues, our team is here to help. We provide comprehensive legal services, including negotiating settlements, representing clients at the Landlord and Tenant Board, and pursuing litigation in court.

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Commercial Leasing Disputes

Leasing disputes in Ontario involve legal disputes between landlords and tenants over the terms and conditions of a lease. Leasing disputes can be complex and require legal expertise to resolve. In Ontario, leasing disputes are governed by the Residential Tenancies Act (RTA) and the Commercial Tenancies Act (CTA), depending on the type of lease involved.

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Agreements of Purchase and Sale

Breach of contract claims can be highly complex and can arise in a variety of situations where one party fails to fulfill their obligations under a contract. This can occur in a wide range of legal agreements, including contracts related to real estate transactions, employment agreements, sales contracts, construction agreements, and more.

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Environmental Litigation
Environmental litigation in Ontario involves legal disputes related to environmental laws and regulations, including disputes related to the protection and remediation of the environment.

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Joint Venture and Partnership Disputes

Joint venture and partnership disputes arise when two or more parties collaborate on a real estate project. Disputes can arise over issues related to ownership, management, and financing.

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