Toronto Real Estate Litigation Lawyer
Protecting your interests in high-stakes real estate disputes throughout Ontario.
By Paul Starkman & Calvin Zhang | Starkman & Zhang Lawyers | 30+ years litigation experience
The buyer just walked away from the deal two days before closing. The seller failed to disclose a major structural defect. Your deposit of $100,000 is being held hostage while lawyers argue over who breached the Agreement of Purchase and Sale. Real estate litigation in Ontario covers disputes arising from failed closings, title defects, deposit forfeiture, misrepresentation, and landlord-tenant matters that exceed the Landlord and Tenant Board's $50,000 jurisdictional cap.
Failed Real Estate Closings & Agreement of Purchase and Sale Disputes
When a real estate transaction fails to close, the consequences can be severe. Buyers may lose deposits and face the cost of alternative housing; sellers may suffer losses if the property must be resold at a lower price. Our firm litigates disputes arising from breaches of the Agreement of Purchase and Sale, including claims for specific performance, return of deposits, and damages for lost bargains.
We have acted for both buyers and sellers in failed closing disputes involving residential and commercial properties throughout the Greater Toronto Area. We understand the interplay between the standard OREA form, the Vendors and Purchasers Act, and the equitable principles that govern these claims in Ontario courts.
Toronto Real Estate Fraud Lawyer & Title Disputes
Real estate fraud remains one of the most damaging threats to Ontario homeowners, investors, and commercial property owners. As Toronto real estate fraud lawyers, we act for victims of title fraud, mortgage fraud, identity-theft schemes, forged powers of attorney, fraudulent conveyances, and unauthorized transfers registered against a property without the owner's knowledge or consent.
Real estate fraud typically demands an urgent response. We move quickly to obtain injunctive relief preventing any further dealings with the property, register a Certificate of Pending Litigation (CPL) on title to freeze the chain of transfers, and commence proceedings to restore ownership to the rightful party. Where fraud has already caused financial loss, we pursue damages against the perpetrators and, where appropriate, against negligent parties in the chain of title — including lenders, registered agents, and professionals who failed to meet their duty of care.
Common Toronto real estate fraud scenarios we handle include:
- Title fraud — fraudulent transfer of a property to a third party through forged instruments or stolen identity
- Mortgage fraud — fraudulent mortgages registered against a property without the true owner's knowledge
- Power of attorney fraud — properties transferred under forged or invalid powers of attorney, often targeting elderly owners
- Fraudulent conveyances — property transfers designed to defeat creditors or spouses
- Deposit and down-payment fraud — funds diverted or misappropriated during the closing process
Beyond fraud, we also litigate non-fraudulent title disputes, including competing claims to ownership, boundary and easement disputes, adverse possession claims, and disagreements arising from the Land Titles Act assurance fund.
For a detailed overview of real estate fraud claims — including title fraud, seller misrepresentation, agent fraud, and legal remedies — see our dedicated Toronto Real Estate Fraud Lawyer page.
Misrepresentation & Non-Disclosure Claims
Ontario law imposes disclosure obligations on property sellers, particularly regarding latent defects that materially affect the value or habitability of the property. When sellers conceal known defects — structural issues, water infiltration, environmental contamination, or zoning non-compliance — buyers may have grounds for rescission or damages.
We represent buyers and sellers in misrepresentation and non-disclosure claims, including actions against real estate agents and brokers who fail to meet their professional obligations under the Real Estate and Business Brokers Act, 2002.
Commercial Property & Development Disputes
Commercial real estate disputes often involve significantly higher stakes and greater complexity than residential matters. We handle disputes arising from commercial purchase agreements, joint venture and co-ownership arrangements, development agreements, and the enforcement of restrictive covenants affecting commercial properties.
Our team has extensive experience with disputes involving multi-unit residential developments, condominium projects, and commercial lease assignments. We understand the business realities that drive commercial property litigation and work to achieve outcomes that protect our clients' investments.
Real Estate Litigation in Ontario: A Complete Legal Guide
For a comprehensive overview of real estate litigation in Ontario — including limitation periods, the stages of a property dispute, and practical guidance for buyers, sellers, and landlords — read our detailed legal guide.
Read Real Estate Litigation in Ontario: A Complete Legal GuideRepresentative Matters
Selected real estate litigation matters our firm has handled in Ontario:
Cheng v. Qu Fei Cheng, 2022 ONSC 6796
Mareva injunction over $835,000 in property sale proceeds — with relief from undertaking in damages under Rule 40.03.
Yang v. Lei (CPL Collapse), 2026
Defeated a CPL on our client’s property — security-for-costs motion forced the plaintiff to abandon the CPL and pay costs.
Wiltshire v. McGill, [2005] O.J. No. 2164
Land Titles right-of-way application defeated on a corporate-officer capacity defence — builder extracted from the proceeding because the development was owned by his numbered company, not by him personally.
Tranmere v. Helter, [2005] O.J. No. 2847
$987,320 mortgage summary judgment despite a $2.5M counterclaim shield — on a $5.12M commercial property sale.
Gomori v. Greenvilla Development, [2007] O.J. No. 3744
Issue estoppel under Danyluk v. Ainsworth applied to bar a follow-on Superior Court action covering the same 107 alleged defects already lost at Tarion / LAT.
Ontario v. Acchione, [2002] O.J.
Planning Act appeal — defended a property owner against a Crown action under the Planning Act framework.
Real Estate Litigation Articles
When a Real Estate Deal Falls Apart
Buyer/seller default, deposit forfeiture, misrepresentation, and the duty to mitigate.
Ontario Contract Dispute Guide
Four-step strategy after a breach — applies to APS and other real estate contracts.
Civil Litigation Timeline in Ontario
From Statement of Claim to enforcement — what to expect at each stage.
Frequently Asked Questions
The buyer defaulted on our real estate deal. Can I keep the deposit?
Generally yes. Ontario courts consistently hold that when a buyer repudiates a purchase agreement, the seller is entitled to forfeit the deposit. You may also claim additional damages if the property resells for less than the original price.
Can I force the other party to complete a real estate transaction?
Yes. Because each property is considered unique, Ontario courts can order specific performance — compelling the defaulting party to close. You should also register a Certificate of Pending Litigation (CPL) on title immediately to prevent the property from being sold to someone else.
What is a Certificate of Pending Litigation (CPL)?
A CPL is registered against the property’s title to alert potential buyers that the property is subject to ongoing litigation. It effectively prevents the owner from selling or refinancing until the dispute is resolved. It is an essential tool in real estate litigation.
How long do I have to sue over a failed real estate deal?
The basic limitation period is 2 years from when you discovered the issue. For urgent matters like a closing date dispute, you may need to act within days to protect your rights — contact a litigation lawyer immediately.
A Real Estate Dispute? Protect Your Position Now
Whether a closing has failed, a deposit is at risk, or you need a Certificate of Pending Litigation registered on title, time is critical. Contact our real estate litigation team for an assessment of your legal options.
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