Real Property Litigation
Real estate can be one of the most lucrative investments for businesses or individuals. But it can also be one of the riskiest. Get the strategic advice you need before, during, and after the transaction so your interests are protected every step of the way.
We bring proven experience, energy, and efficiency to the process, and will respond quickly to manage issues as – or before – they surface. Capannelli Law has handled the most complex cases that confront the real estate industry today, and offers innovative and cost-effective results that help our clients prosper.
Representing vendors, purchasers, agents, brokers, government agencies, investors, developers, builders, and landlord and tenants alike, we have helped clients with matters such as:
- Deficiencies, post-closing litigation, default proceedings, and aborted transactions
- Adverse possession, boundary, and access disputes
- Breach of lending commitments
- Construction contracts, defects, liens, warranty and trust claims
- Easements and right-of-way disputes
- Enforcement of agreements of purchase and sale and other real estate contracts
- Environmental issues
- Financing issues
- Mortgage enforcement, including foreclosure and power of sale
- Property owner and occupier liability claims
Commercial Leasing Litigation
Commercial leasing is a world with limited government protections and significant risk. Even when you get the best legal advice in advance, things can start to go sideways.
Before turning to enforcement or litigation
, we can help with timely and cost-effective solutions. When those efforts fail, our history of acting on behalf of property managers, tenants, landlords, and lenders will serve you well to litigate or negotiate resolutions that deliver results.
Our work experience includes all aspects of commercial leasing:
- Landlord and tenant lease defaults/disputes, problems and interpretation
- Collection of rent arrears
- Operating-cost disputes
- Lease enforcement
- Rent arbitrations
Condominium Construction Deficiency and tarion Warranty Claims
Without question, condominium development across the Greater Toronto Area – particularly in the City of Toronto – has seen the biggest boom in its history, over the last 20 years. This growth has not come without a price – costly construction deficiencies.
Our litigation, business and industry experience in condominium development, uniquely positions us to guide condominium corporations and property managers through the complex web of laws, regulations, guidelines, policies and procedures around condominium development and turnover.
We have mediated, arbitrated and litigated these matters for nearly two decades and have specifically helped clients with:
- Properly identifying construction deficiencies and advising on warranty coverage
- Statutory interpretation and legal opinions
- Contract drafting, review and negotiation
- Risk management and claims avoidance
- Managing and navigating the Performance Audit and tarion warranty process
- Professional negligence
- Loss of opportunity claims
- Officer and director liability
- Mediation and arbitration; litigation before the courts and the License Appeal Tribunal
Contact us to get trusted and experienced counsel working for you.