Stevenson Whelton is well known in the Toronto area for its expertise in real estate related disputes. We work for many of the largest real estate builders and developers in the Greater Toronto Area.
Parallel to Stevenson Whelton’s expertise in commercial litigation is its expertise in real estate litigation. Many of the commercial disputes in which we are retained relate to real estate projects or transactions. Stevenson Whelton’s expertise in real estate litigation, however, transcends contractual disputes and covers every facet of real estate law. We are fortunate to act for numerous “blue chip” builders and developers throughout southern Ontario.
Our lawyers have been involved in dozens of significant cases impacting real estate law in Ontario, including many of the most significant Court of Appeal decisions that have shaped real estate law in Ontario over the years. If you have a dispute related to a real estate transaction, chances are we have litigated similar cases.
Recent Cases
- Arista Homes (Richmond Hill) Inc. v. Rahnama, 2022 ONCA 759, Arista Homes (Richmond Hill) Inc. v. Rahnama, 2022 ONCA 759
Richard Macklin and Wei Jiang have successfully appealed a Superior Court Ruling in the case of Arista Homes (Richmond Hill) Inc. v. Rahnama, 2022 ONCA 759. This Court of Appeal Ruling dated November 7, 2022, addresses the law on damages for cases where a purchaser is at fault for a breach of a home purchase contract. As noted by the Court of Appeal (per Fairburn A.C.J.O., Doherty and Lauwers JJ.A.), the key figure for the damages calculation is the value of the home, according to what it is sold for on the date of resale to a subsequent purchaser (see paragraph 9 of the Ruling). Other Ontario damages law cases had suggested requiring different evidence (“expert” valuation), and a different date (the date the purchaser failed to close). In our case, the Appeal Court varied the Lower Court Ruling such that damages owed to our client will include a higher “loss of bargain” amount, plus the forfeited deposit, interest and other damages. The total award to our client will be roughly $500,000.
- Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc., 2019 ONSC 1507
Successfully obtained an order granting specific performance of an agreement of purchase and sale for condominium development lands in the Entertainment District.
- Arista Homes v. Igbinedion, 2019 ONSC 7086
Successful summary judgment motion for breach of an agreement of purchase and sale for property.
- Fortress Carlyle Peter St. Inc. v. Ricki’s Construction and Painting Inc., 2019 ONCA 866
Successfully resisted an appeal of an order granting specific performance of an agreement of purchase and sale for condominium development lands in the Entertainment District.
- Raki Holdings Inc. v. Lionheart Enterprises Inc., 2019 ONCA 786
Successfully acted on an appeal involving the interpretation of a contract for the sale of development lands in which the parties' competing positions resulted in a purchase price difference of over $4,000,000.
- Arista Homes v. Lakhany, 2019 ONSC 5189
Successful summary judgment motion for breach of an agreement of purchase and sale for property. Over $300,000 in damages awarded.
- Lin v. Brookfield Homes (Ontario) Limited, 2019 ONCA 706
Successfully acted on an appeal concerning a failed real estate closing and the disclosure provisions of the Condominium Act.
- Cuervo-Lorens v. Carpenter, 2017 ONCA 109
Successfully resisted an appeal after obtaining summary judgment for breach of an agreement of purchase and sale of property.
- Biskey v. Chatham-Kent (Municipality), 2012 ONCA 802
Successfully appealed a trial finding of municipal liability for fill conditions on a building site.