Real Estate Law

Learn More About Our Areas of Practice

Commercial Real Estate:

Acquisitions and Dispositions:

Acquisitions and dispositions in commercial real estate can be complex transactions. Acquisition refers to the purchase of real estate properties, whereas disposition refers to the selling or leasing of the property. Depending on the specifics of each matter, acquisitions and dispositions require in-depth knowledge of various real estate contracts and strategies to ensure that the deal is beneficial for the parties involved. Disposition or acquisition lawyers must understand the real estate market, property facts, and business goals to mitigate risks and negotiate a successful deal.

Commercial Leasing:

When you are looking to lease commercial properties, it is important to work with a lawyer you can trust. Commercial leasing transactions are complex and often involve price negotiations, an understanding of market conditions, strategic decision-making related to business objectives, and knowledge of financing and real estate law. Whether you are looking to lease industrial buildings, commercial office space, vacant land, or another type of commercial property for your business, it is essential you work with a lawyer with detailed knowledge of commercial real estate transactions.

Complex Commercial Property Transactions:

Commercial real estate transactions can be complex. Acquisitions and dispositions, land development, equity investors, REITs, borrowers, assignment agreements, and severances can all make what might seem to be a simple transaction riskier. Consulting a lawyer in complex commercial property transactions is essential; they will work with you through the financing, contract preparation, negotiation, and closing processes to ensure that the complexities of your transaction are handled efficiently while benefitting your long-term goals.

Condominium Law:

The Condominium Act in Canada regulates the responsibilities of condo owners, condo boards, and all matters related to the leasing, sale, and transfer of condominium units. In real estate matters related to condominiums in Ontario and across Canada, condominium lawyers will work with their clients to provide guidance on dispute resolution, governance, compliance, management, purchase, leasing, and sale transactions of condominiums. Lawyers collaborate with investors, condominium boards, landlords, tenants, and other individuals to ensure that all transactions and policies are in accordance with the Condominium Act.

Construction, Planning, and Land Development:

Various municipal and provincial laws regulate the construction, planning, and development of commercial properties in Canada. A land development lawyer is well positioned to support their clients in obtaining the necessary approvals, site plans, documents, and materials required to move a land development project forward. They provide support and advice regarding the regulations that might impact the project and work with their clients to negotiate and prepare the correct contracts and legal documents needed for each stage of the project.

Financing:

Commercial real estate funding is typically obtained through banks, independent lenders, or government programs. A commercial real estate lawyer will typically represent either the borrower or the lender during the financing process. They will support their clients by drafting and reviewing documents, including purchase agreements or financial contracts, will negotiate and ensure their client’s best interests are represented during the transaction, will complete due diligence, perform research on behalf of their clients, ensure all contracts comply with applicable laws and regulations, and ensure a smooth closing process. Financing is a major aspect of any commercial real estate transaction, and a lawyer’s role is to ensure the financing stage is as smooth and streamlined as possible.

Joint Ventures and Partnerships:

In commercial real estate, two separate entities will often come together in the form of a joint venture or a partnership to share resources and knowledge. In these cases, a real estate lawyer will support their clients in establishing the specific legal structure of the deal and will stipulate, in legal documents, the rights and responsibilities of each party. Joint ventures and partnerships are different; in joint ventures, the entities involved often remain separated, whereas a partnership may result in the merger of two businesses. In these matters, it is important for the real estate lawyer to have a thorough understanding of business law, as well as their client’s business goals, to ensure the commercial real estate venture is legally sound.

Landlord and Tenant Law:

Provincial laws govern landlord and tenant law in Canada, and there are varying rights and responsibilities for all parties involved. A lawyer will work with their clients to establish a framework for landlords that protects both the landlord and the tenant. They will provide legal support for leasing agreements, property maintenance and compliance, eviction, and matters related to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). Often, lawyers will provide representation at various tribunals related to tenant and landlord disputes, for example, at the Landlord and Tenant Board in Ontario.

Lease and Mortgage Enforcement:

If issues arise regarding the terms of either lease or mortgage agreements in a commercial real estate transaction, a lawyer will work with their client to navigate the situation, often negotiating with landlords, tenants, and borrowers to move the matter forward. In the case a lease or mortgage agreement is not upheld, a lawyer will advise their clients on the steps required to remedy the situation according to the laws in their province or territory, potentially taking steps to enter into litigation or eviction if the matter is serious.

Negotiation, Preparation, and Review of Various Development Agreements:

Before starting a land development project, you will need to obtain a development agreement, which is a legal contract between the developer or business and the municipality outlining the terms and conditions of the development project. Development agreements can be complex; they often contain important conditions that must be met, such as insurance, financing, and security clearance. Lawyers support their clients in negotiating and preparing the development agreement, leveraging their knowledge of land development law and regulations, as well as their knowledge of their client’s goals, to find an agreement that is suitable for all parties involved.

Property Disputes:

Commercial real estate lawyers help their clients resolve property disputes in a wide array of matters, including mortgage enforcement, acquisition and disposition, by-laws, land development, landlord and tenant law, and other matters. In these cases, real estate lawyers leverage their skills in negotiation, contract interpretation, and litigation to devise legal strategies aimed at resolving disputes in a beneficial and cost-effective manner.

Tarion and HCRA Registration:

If you are building or selling a new home in Ontario, you must be registered with the Home Construction Regulatory Authority (HRCA), which is responsible for the regulation of new home builders and vendors in the province. Prior to 2021, the registration moved from Tarion to the HCRA; anyone who has a license prior to 2021 with Tarion would have been transitioned to an HCRA license. Understanding your obligations under the HRCA and the fees associated with your licensing can be challenging; a commercial real estate lawyer can work with you to ensure that your licensing is in order and that there will be no delays to your project.

Residential Real Estate:

Advising Lenders and Borrowers:

When someone is buying a home, they have a variety of financing options, including private lending, banks, or going to a mortgage broker. A real estate lawyer will either work on behalf of the lender or the borrower in a transaction, ensuring that the lending agreement complies with regulatory frameworks and that all terms and conditions are understood and properly outlined in the corresponding contracts. Real estate lawyers have a keen understanding of financial services, bankruptcy, litigation, enforcement, and insolvency, meaning they can advise their clients on a variety of matters related to real estate purchases.

Buying and Selling a House:

When buying or selling a house or cottage in Canada, it is important you work with a lawyer to ensure the transaction goes smoothly. Lawyers support their clients in performing all title searches on a home, in transferring the title/ownership to the new owner, in reviewing and signing the purchase and sale agreement, as well as all other real estate contracts, and in managing the land transfer tax refund in Ontario. Working with a real estate lawyer who is knowledgeable in these areas is essential to ensure that you do not incur any problems during the transaction process.

Construction Financing:

If you are looking to renovate your home, construction financing allows you to take out a short-term loan to finance a renovation and then refinance that into a mortgage or pay it off with another loan. Obtaining construction financing can be complex, and understanding the loan disbursement schedules, interest rates, and the materials you must submit to have the financing approved can be challenging. Working with a Canadian real estate lawyer will help ensure you understand the conditions of your financing and that you are legally compliant with all regulations and laws.

Conveyances (Estate, Matrimonial):

Put simply, conveyance is the process through which the title of a piece of land is transferred to another party. This is a key component of any real estate transaction. However, in certain situations, such as the death of a loved one, divorce, or complex lease agreements, conveyance can include hard-to-navigate issues such as liens against the property and payment of land transfer tax. A real estate lawyer will conduct all title searches, will ensure all conditions are met prior to transferring ownership, and will protect the interests of their client during the real estate transaction.

Insurance Claims:

In a real estate transaction, insurance claims are often used to negotiate a better price and will aid the buyer in understanding the risks and history of the property. A real estate lawyer assists their clients in reviewing insurance-related matters regarding the property and often assists with resolving any outstanding claims. In many cases, they negotiate on their client’s behalf and take all steps necessary, up to and including litigation, to ensure the property transaction is secure and that their client’s rights are upheld. These matters can be complex, and working with a lawyer is an important step in ensuring the deal closes efficiently.

Mortgage Loan Documentation Preparation and Advice:

When you are applying for a mortgage to finance the purchase of your home, you need to ensure you do your due diligence. Not every loan is created equally, and any errors in your application or documentation can lead to financing falling through, which can have serious consequences if you have already made an offer on a property. A real estate lawyer will help you assemble the documentation and paperwork you need for the mortgage loan. If you are not approved by a traditional lender, such as a bank, they will help you explore additional options for financing.

Private Lending:

If you are looking to purchase a home but cannot get approved for a mortgage by traditional lenders, such as banks or financial institutions, you may wish to turn to private lending. In a private lending transaction, a private entity will lend short-term financing to an individual for acquisitions, quick closing, or renovations. These are more flexible and require fewer criteria for approval. However, private lending can be risky, and a real estate lawyer will help you consider the terms, interest rates, and repayment plan associated with your loan prior to signing.

Review of Status Certificates Titles:

A status certificate is a document that provides information about a condominium corporation to a purchaser in a condominium real estate transaction. This document helps potential buyers assess the health of the condominium corporation, as well as the rules and regulations you may be subject to should you purchase the property. A real estate lawyer will assist you in understanding the information in the Status Certificate and will advise you on how this may impact your purchase or any associated contracts related to the transaction.