Litigation & Disputes — Property Counsel
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Failed Closings & Deposit Disputes Construction Liens Power of Sale & Mortgage Enforcement Boundary & Title Disputes Lease & Tenancy Disputes Tribunal Representation
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Litigation & Disputes
When a real estate matter goes sideways.
Property Counsel represents buyers, sellers, owners, contractors, landlords, and tenants across Ontario in failed closings and deposit disputes, construction liens, power of sale and mortgage enforcement, boundary and title disputes, commercial and residential lease and tenancy disputes, and tribunal proceedings before the LAT, CAT, LTB, and OLT.
Real estate disputes can be time-sensitive. Timely, informed guidance helps clarify your options.
What we handle
Six areas of real estate litigation.
Each area below corresponds to a dedicated practice page with statutes, timelines, and the specific remedies available. Start with the one that matches your matter — or call us if you’re not sure which it is.
01 — Transactions
Failed Closings & Deposit Disputes
Specific performance applications, deposit recovery and forfeiture, certificates of pending litigation, and misrepresentation claims when a buyer or seller breaches the Agreement of Purchase and Sale. The 2-year limitation period runs from discovery.
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02 — Construction
Construction Liens
Lien preservation and perfection for contractors, subcontractors, and suppliers under the Construction Act, and lien defence and vacating motions for owners. The 60-day and 90-day deadlines are absolute — missing either is fatal to the claim.
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03 — Mortgages
Power of Sale & Mortgage Enforcement
Notice of Sale proceedings under Part III of the Mortgages Act for lenders, and emergency defence for borrowers facing power of sale. The 35-day redemption period is short and what happens in it determines whether the home is lost.
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04 — Title
Boundary & Title Disputes
Encroachment and fence-line disputes, adverse possession claims, easement and right-of-way litigation, title insurance claim advocacy, and emergency response to title fraud and fraudulent conveyances.
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05 — Tenancies
Lease & Tenancy Disputes
Commercial lease enforcement, arrears recovery, distress and termination under the Commercial Tenancies Act, plus full Landlord and Tenant Board representation for residential matters — landlord-side evictions and tenant-side defence.
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06 — Tribunals
Tribunal Representation
Representation before the Licence Appeal Tribunal (LAT), Condominium Authority Tribunal (CAT), Tarion warranty proceedings, the Landlord and Tenant Board (LTB), and the Ontario Land Tribunal (OLT).
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When to call us
If any of these sound familiar, call today.
Real estate disputes are time-bound. Limitation periods, lien deadlines, and redemption windows do not pause while you decide what to do. These are the situations that bring people to our door most often.
A closing date is approaching and the deal is breaking down.
The other side has gone quiet, raised new demands, or signalled they won’t close. The right move depends on which side you’re on and what the agreement says — and the window to act is measured in days, not weeks.
You’ve received a Notice of Sale, Statement of Claim, or RECO complaint.
Service of legal process starts a clock. Whether it’s a power of sale notice, a court application, a construction lien, or a regulatory complaint, the response timeline is built into the document — and ignoring it is the worst response available.
A title search has turned up something you didn’t expect.
A registered lien, an undisclosed easement, an encroachment, a survey discrepancy, or signs of fraud. Title issues are easier to resolve before closing than after — but they don’t resolve themselves either way.
A tenant won’t pay, won’t leave, or won’t follow the lease.
Commercial arrears go through the Superior Court and the Commercial Tenancies Act. Residential matters go through the Landlord and Tenant Board. The procedure, remedies, and timelines are entirely different — picking the right venue is half the case.
Our approach
Litigation strategy without the theatre.
Litigation is expensive, slow, and stressful — but it is sometimes the only way to protect what matters. When it is, we run files the way we’d want our own run.
01 — Triage First
Deadlines before strategy.
The first call is about identifying every limitation period, statutory deadline, and procedural clock on your file. Strategy follows triage — not the other way around. A perfect argument filed one day late is no argument at all.
02 — Honest Assessment
The case you have, not the one you want.
We tell you what your case is worth before we tell you what we charge. If settlement is the better outcome, we’ll say so. If the matter doesn’t justify a lawsuit, we’ll say that too. Confidence comes from knowing where you actually stand.
03 — Direct Access
A licensed lawyer on every file.
No handoffs to clerks, no shifting points of contact. The lawyer who reads your agreement is the lawyer who drafts the pleadings, appears at the motion, and runs the file to resolution.
The Property Counsel Standard
“In a real estate dispute, the right move in the first 72 hours is usually worth more than the right move in the next six months.”
Real estate litigation only
We don’t appear in family court, criminal court, or anywhere else. Real estate is the entire practice.
Transparent on cost and merit
A fee estimate and a candid assessment of your prospects before any retainer is signed.
Province-wide, remote-first
We act for clients across Ontario from a paperless practice — virtual consultations, electronic signing, and digital filing.
Facing a real estate dispute?
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Disclaimer: The content on this page is for general information purposes only and does not constitute legal advice. Reading this page does not create a lawyer-client relationship. For advice specific to your situation, contact Property Counsel or your own legal counsel. Property Counsel makes no representations as to the accuracy, completeness, or currency of the information provided. Content reflects the law as of its publication date and may not reflect subsequent legal developments.