Practice Areas

Real Estate Litigation Lawyers

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. These disputes can be complex and require legal expertise to resolve. Land use disputes are governed by a combination of federal, provincial, and municipal laws, regulations, and bylaws, including the Planning Act and the Local Planning Appeal Tribunal Act.

Land use disputes in Ontario can take many forms, but some of the most common types of disputes include:

Zoning and land use regulations

Navigating the complexities of zoning and planning laws is crucial for developers, property owners, and local governments alike. These laws regulate the use and development of land, and disputes can easily arise over their interpretation and application. When conflicts over zoning and planning laws arise, it’s important to have a trusted legal partner who can help you understand your rights and protect your interests.

Our experienced team of litigation lawyers understands the nuances of zoning and planning laws and has successfully represented clients in disputes involving land use permits, variances, and other regulatory matters. We have a deep understanding of the issues that can arise in the process of obtaining permits, zoning changes, or other approvals from local governments, and we know how to navigate these challenges effectively.

Whether you’re a property owner seeking a zoning change, a developer seeking to obtain permits for a new project, or a local government seeking to enforce its zoning regulations, we have the expertise and experience to help you achieve your goals. We are dedicated to providing personalized, client-focused representation and will work tirelessly to protect your rights and interests in any zoning or planning dispute.

Example: A property owner may seek to develop a property for a use that is not permitted by the local zoning and land use regulations, such as building a commercial property in a residential area.

Example: A property owner may seek a variance to build a larger structure than is permitted by local zoning and land use regulations, which may be opposed by their neighbors.

Boundary Disputes

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

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.

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.

Condominium Law

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.