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Litigation and Dispute Resolution

The members of our litigation team are creative, experienced and passionate advocates.  They offer our clients the right balance of forceful and aggressive representation and sound, practical and timely resolutions.

Our competitive advantage is our depth of knowledge and experience in commercial landlord and tenant remedies, and our extensive experience in real estate litigation, mortgage remedies, construction liens, franchising law, bankruptcy, insolvency and restructuring matters.

Our litigators have successfully represented clients in all levels of courts and tribunals in Ontario and other provinces across Canada.

LITIGATION EXPERTISE IN:

COMMERCIAL LANDLORD AND TENANT

  • Lease interpretation
  • Operating costs disputes
  • Relief from forfeiture
  • Lease defaults and rent collections
  • Rent arbitration
  • Tenant bankruptcy, restructuring, receivership

COMMERCIAL REAL ESTATE

  • Disputes arising out of agreements of purchase and sale
  • Mortgage enforcement
  • Financing disputes
  • ​Vendor/purchaser applications
  • Certificates of pending litigation

COMMERCIAL LITIGATION

  • Injunctions
  • Construction liens and construction disputes
  • Partnership and shareholder disputes
  • Bankruptcy, Insolvency & Restructuring
  • Condominium disputes
  • Franchise disputes
  • General breach of contract disputes
  • De​bt collection and enforcement of judgements

Related Insights

Ontario Superior Court Provides Guidance on the Strict Nature of a Time is of the Essence Clause in an Agreement of Purchase and Sale

Apr 01, 2019 | Blawg

A recent decision by the Ontario Superior Court provides some clarification on the strict nature of a time is of the essence clause in an agreement...

Ontario Superior Court clarifies the limitation period under the Construction Act

Feb 27, 2019 | Blawg

The Ontario Superior Court has once again confirmed that time limits under the Construction Lien Act (now the Construction Act)

Ontario Court of Appeal Provides Strong Guidance on the Discoverability of a Claim under the Limitations Act

Feb 01, 2019 | Blawg

A recent decision by the Ontario Court of Appeal provides strong guidance on when a claim is discovered (and therefore when a limitation period is ...

Ontario Court of Appeal clarifies the relationship between a Covenant for Operation and a Clause that sets the Tenant’s Hours of Operation

Jan 30, 2019 | Blawg

A recent decision by the Ontario Court of Appeal illustrates that there is a fundamental commercial difference between a provision directed at the ...

Ontario Superior Court rules on the interplay between Unique Covenants for a Commercial Landlord

Jan 10, 2019 | Blawg

A recent decision of the Ontario Superior Court of Justice examined the interplay between non-competition agreements and rights of first refusal in...

Daoust Vukovich LLP successful in strictly enforcing a use clause in a commercial lease

Nov 07, 2018 | Blawg

In a recent decision of the Ontario Superior Court of Justice, Daoust Vukovich successfully brought an application for a declaration that a tenant ...

Ontario Court of Appeal places limits on the scope of deeds of easement

Oct 18, 2018 | Blawg

The Ontario Court of Appeal has affirmed that a deed of easement will not create an exclusive right of way to a grantee of an easement unless the d...

Daoust Vukovich LLP successful in dismissing Home purchaser's claim for return of $135,000 deposit

Sep 06, 2018 | Blawg

In a recent decision of the Ontario Superior Court of Justice, Daoust Vukovich successfully brought a motion for summary judgment on behalf of a ma...

Ontario Superior Court of Justice sets aside $12 million arbitration award and holds that arbitrator overstepped his bounds

Aug 23, 2018 | Blawg

In a recent Ontario Superior Court of Justice decision, the court set aside an arbitral award of over $12 million despite the fact that the arbitra...

The Importance to Tenants of Non-Disturbance Agreements from Prior-Ranking Mortgagees

Aug 23, 2018 | Blawg

A recent Ontario Superior Court decision has confirmed that when a commercial landlord defaults on its mortgage, a tenant may be at risk of losing ...

Ontario Court of Appeal Provides Measure of Damages When Landlords Are Forced to Sell

Jun 27, 2018 | Blawg

A recent decision by the Ontario Court of Appeal has clarified the allowable measure of damages that a landlord can claim when it is forced to sell...

Ontario Court Of Appeal Clarifies Interplay Between Lease Abandonment and Subtenancy

Jun 21, 2018 | Blawg

A recent decision from the Ontario Court of Appeal has upheld the effect of a lease abandonment on a subsisting sublease.  In Smiles First Cor...

REASONABLE LIMITS ON THE DUTY TO MITIGATE

Oct 12, 2016 | Blawg

A recent decision from the Saskatchewan Court of Queen’s Bench provides landlords with some guidance and clarity on the duty to mitigate dama...

BEST LAWYERS 2017

Aug 29, 2016 | Blawg

We’re delighted to announce that the following 7 lawyers from Daoust Vukovich LLP were included in the 11th Edition of The Best Lawyers in Ca...

Security Deposits & Pre-Paid Rent: Treatment Upon Tenant's Bankruptcy In Canada

Jan 20, 2016 | Article

Written by Jamie Paquin and Brian Parker (ICSC U.S. Shopping Center Legal Update, Spring Issue 2016) Canadian landlords often require that tenants ...

Don't Lien on Me! The Construction Lien Act within the context of commercial leasing

Feb 18, 2015 | Article

Written by Gasper Galati and Brian Parker (The Six-Minute Commercial Leasing Lawyer 2015) This paper addresses construction lien issues which arise...

Good Faith Negotiation and Performance of Lease Covenants

Feb 25, 2014 | Article

Written by Wolfgang Kaufmann and Brian Parker (The Commons Institute Commercial Leasing Essentials Live Webcast 2014) "Good faith" is a term that i...

Arbitration and Mediation of Commercial Lease Disputes

Dec 10, 2013 | Article

Written by Wolfgang Kaufmann and Brian Parker (16th Commercial Real Estate Leases 2013) Commercial leases often involve long-term relationships. It...

The New Limitations Act: It's About Time

Sep 03, 2003 | Article

Written by Joanne Board ICSC Shopping Centre Legal Update, Vol. 23, Issue 3 The law of limitations is set to change in Ontario when the new Li...

When Can a Tenant Withhold Rent?

Aug 01, 2002 | Article

Written by Wolfgang Kaufmann (Shopping Centre Newsletter, Vol. 22, No. 8) Leases commonly include a 'no set-off' provision such as, "Rent shall be ...

Pitfalls in Enforcing Remedies

Jun 02, 2002 | Article

Written by Wolfgang Kaufmann (Ontario Bar Association- "Leasing Lawyers: Avoiding Hot Water In a Cold Economy") The economy is not as cold as origi...

System Five: Default and Cure

Dec 07, 2000 | Article

Written by J.E. Dennis Daoust (Lexpert Seminar) Each commercial lease will contain a system of clauses dealing with the rights of the landlord and ...

Fundamental Breach - Adding to the Tenant's Arsenal

Dec 05, 2000 | Article

Written by Francine Baker-Sigal and Joseph Grignano (ICSC Shopping Center Legal Update, Vol. 20, Issue 3) In 1971 the Supreme Court of Canada, thro...

Dealing with Rent Disputes

Jun 21, 2000 | Article

Written by Wolfgang Kaufmann (For Lorman Education Services) This seminar is designed for landlords, tenants, property managers and leasing consult...

Curing or Killing the Sick Real Estate Deal: Litigation and Real Estate Strategies

Apr 22, 1999 | Article

Written by J.E. Dennis Daoust with Wolfgang Kaufmann & Eric K. Gillespie (Canadian Bar Association (ON)) The law of commercial leasing is part ...


WK

Wolfgang Kaufmann

Counsel
P: (416) 597-3952
F: (416) 597-8897
G_Galati

Gasper Galati

Partner
P: 416-598-7050
F: 416-597-8897
michael-hochberg_transparent

Michael Hochberg

Associate
P: 416-597-9306
F: 416-597-8897
B_Parker

Brian Parker

Associate
P: 416-591-3036
F: 416-597-8897
D_Peat

Dina Peat

Associate
P: (416) 598-7055
F: 416-597-8897
L_Tedesco

Lucia Tedesco

Law Clerk
P: 416-597-8668
F: 416-597-8897
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