Real Estate and Commercial Leasing

Real estate and commercial leasing matters are a frequent source of business disputes, often leading to litigation. Consequently, a substantial body of law has developed in this area. In addition to outlining the relevant legislation below, we provide further information on Commercial Leasing Disputes and Condominium Disclosure Requirements. For more details, please consult the Commercial Leasing Disputes section of this website.

For further information on other types of real estate disputes, please contact us.

Some of the key pieces of legislation to be aware of are:

1. Statute of Frauds, RSO 1990, c S.19: This statute requires that contracts relating to land, such as the purchase or sale of property, must be in writing to be enforceable.
2. Condominium Act, 1998, SO 1998, c 19: This act governs the creation and operation of condominiums in Ontario. It includes provisions requiring disclosure statements to be provided to purchasers, promoting transparency and compliance with the Act’s requirements.
3. Ontario New Home Warranties Plan Act, RSO 1990, c O.31: This act mandates that home builders provide a warranty to the owner that the home is free from major structural and material defects, fit for habitation, and built in accordance with the building code. It also requires builders to be registered with the Tarion Warranty Corporation, to help ensure that new homes meet specific standards.
4. Commercial Tenancies Act, RSO 1990, c L.7: This statute governs commercial leases in Ontario. It outlines the rights and obligations of landlords and tenants, including the procedures for distress, which allow a landlord to seize and sell a tenant’s property if the tenant fails to pay rent.