Real Estate Litigation Lawyer in Toronto, Ontario

Protecting Your Position in Property and Real Estate Disputes

A real estate dispute can put more than a transaction at risk. A seller may be left carrying a mortgage after a buyer fails to close. An investor may discover that a property purchased with their money has been sold without their knowledge. Co-owners may agree that their relationship has ended but disagree about who should keep the property and how its value should be divided.

Each situation calls for a different response. The agreement, the ownership arrangements, the financing and the evidence determine what rights can be enforced. The financial consequences matter too: whether the property can be sold, whether funds can be recovered, and what delay will cost.

At Englobe Law LLP, we represent clients in residential and commercial real estate disputes in Toronto and throughout Ontario. We examine the legal position, advise on the available remedies, and pursue a resolution that reflects what you need to achieve.

We Assess Your Rights and Exposure

We Address Disputes Over Property and Money

We Pursue a Resolution That Serves Your Interests

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Property disputes arise in a number of recurring situations. The matters we most frequently assist with include:

  • Purchase and Sale Disputes, Including Failed Closings

When a transaction falls apart, the immediate question is often who keeps the deposit. The financial exposure may extend much further. A seller who resells at a lower price may claim the shortfall and additional carrying costs. A buyer may seek compensation for a seller’s refusal to complete or, in an appropriate case, an order requiring the transaction to proceed.

We act for buyers and sellers in disputes involving failed closings, deposits, contractual conditions, extensions, title objections and obligations under agreements of purchase and sale.

The reason a transaction failed matters. A financing problem, an unmet condition and a refusal to close do not necessarily have the same legal consequences. We review the agreement and the closing record to assess responsibility, the losses claimed, and the steps needed to protect your position.

  • Ownership, Trust and Property Investment Disputes

The name on title may not resolve every question about ownership. One person may have contributed the purchase funds while another took title. Investors may have agreed to share ownership or profits, only to disagree later about their respective interests. A property may have been transferred or refinanced without the knowledge of someone claiming an interest in it.

We represent clients asserting and defending claims involving beneficial ownership, trust agreements, resulting and constructive trusts, unjust enrichment, and disputed sale proceeds.

These cases require close attention to the evidence: where the money came from, what the parties agreed, how they treated the property, and what happened to the proceeds. We assess both the claimed interest and the remedy needed to give it practical effect.

  • Co-Ownership Disputes and Partition and Sale

Joint ownership can become difficult when one owner wants to sell and another wants to remain. Disagreements may also concern mortgage payments, repairs, rental income, occupation of the property or the division of equity.

We act for co-owners seeking or opposing partition and sale, and in related disputes over contributions and accounting.

A sale may resolve the ownership impasse without resolving how the proceeds should be divided. We consider those issues together, including whether a negotiated buyout is workable and whether disputed funds should be held pending a determination of the parties’ claims.

  • Mortgage Enforcement and Financing Disputes

A mortgage dispute may concern missed payments, a demand for repayment, the amount owing, the validity of the security or a lender’s proposed enforcement steps. Guarantees and competing claims against the property can add further complications.

We represent borrowers and lenders in mortgage enforcement and financing disputes. We review the loan and security documents, the payment history, the notices delivered and the remedies being pursued.

Timing is particularly important where a sale or possession proceeding is underway. Early advice can help identify what can be challenged, what must be paid or negotiated, and whether court intervention is warranted.

  • Title, Boundary and Easement Disputes

A disagreement over a driveway, access route or property line can affect the use and value of a property. Other disputes arise from competing interests on title, registered restrictions or instruments whose meaning is contested.

We act in disputes involving title, boundaries, rights of way and easements. The relevant record may include registered documents, surveys, historical agreements and evidence of how the land has been used.

Our advice addresses the right being claimed and the practical result sought; whether that means restoring access, restraining interference, clarifying ownership or resolving an encroachment.

  • Commercial Lease Disputes

For a commercial tenant, a lease dispute can threaten the location from which the business operates. For a landlord, unpaid rent or a tenant’s breach can affect income and the ability to re-let the premises.

We represent commercial landlords and tenants in disputes concerning rent, repairs, permitted use, renewal rights, termination and obligations under guarantees.

Before recommending a response, we examine the lease, the notices and the parties’ conduct. Where continued occupation or an imminent termination is at issue, urgent advice may be necessary.

  • Establish the Legal Position

We begin with the documents and the events that gave rise to the dispute. Depending on the matter, that may involve the purchase agreement, title records, mortgage documents, a co-ownership or trust agreement, a lease, financial records and correspondence.

We identify the claims and defences, assess the evidence, and explain the financial exposure. Where important facts remain uncertain, we identify what is needed to make an informed decision.

  • Identify the Result You Need

A claim for money may be appropriate after a failed closing. An ownership dispute may require a declaration of rights, an accounting or a sale. In another case, the immediate concern may be preventing a transfer before the dispute can be heard.

The remedy affects how the case should proceed. We address it at the outset, together with the cost, urgency and prospects of obtaining a useful result.

  • Negotiate With a Clear Understanding of the Alternatives

A negotiated resolution may allow the parties to arrange a buyout, complete a transaction on revised terms, agree on a sale or settle a disputed debt.

We assess a proposal against the likely alternatives: what the evidence supports, what a court could order, how long the proceeding may take, and whether a judgment could be enforced. Those considerations give settlement discussions a sound basis.

  • Take Court Proceedings Where Required

Where agreement cannot be reached, we commence or defend the appropriate proceeding. Some matters proceed by action; others may be suitable for an application. Depending on the dispute, the work may include documentary disclosure, examinations, motions, expert evidence and a hearing or trial.

If there is an immediate threat to the property or the effectiveness of a future judgment, we also assess whether interim relief is available. An injunction or certificate of pending litigation requires a proper legal and evidentiary basis; it is not available simply because a dispute concerns real estate.

A few situations where it's worth getting legal advice promptly:

  • Failed closing

A transaction didn't complete as scheduled, and you're unsure what your rights or remedies are.

  • Contract breach

The other party to a purchase and sale agreement isn't meeting their obligations.

  • Ownership dispute

A title issue or competing claim has surfaced that puts your interest in a property at risk.

  • Financing issues

A dispute has arisen with a lender or borrower over mortgage terms, default, or enforcement.

  • Co-owner conflicts

You and a co-owner can't agree on what to do with a shared property.

Because real estate disputes often involve firm contractual deadlines and time-sensitive remedies, getting advice early tends to preserve more options than waiting.

Real estate litigation requires an understanding of both the property and the obligations surrounding it. A dispute may involve a purchase agreement, a private loan, a business relationship and a claimed ownership interest at the same time.

We examine those issues together. Our advice explains where your position is strong, where it is vulnerable, and what each available course is likely to involve. As the evidence develops, we reassess the strategy and the opportunities for resolution.


Throughout the matter, we remain focused on the outcome you need: recovering funds, defending a claim, preserving an interest in land, obtaining a sale or bringing an unworkable ownership arrangement to an end.

Speak With a Real Estate Litigation Lawyer

If you're dealing with a failed closing, a title issue, a boundary disagreement, or a conflict with a co-owner or lender, getting legal advice early can make a meaningful difference in protecting your investment.

At Englobe Law LLP, we assist buyers, sellers, and property owners across Toronto, North York, Scarborough, Mississauga, Vaughan, and throughout Ontario with real estate litigation matters. Where a dispute touches on a broader commercial litigation matter or a business purchase gone wrong, our team can help there too.

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What happens if a real estate deal fails to close in Ontario?

Depending on the reason for the failure, the non-breaching party may be entitled to remedies including damages, forfeiture of the deposit, or, in some cases, an order requiring the sale to proceed. The specific outcome depends on the terms of the agreement and the circumstances of the failure.

Yes. If a party fails to meet its obligations under a valid agreement of purchase and sale — such as refusing to close or failing to satisfy agreed conditions — the other party generally has the right to pursue a claim for breach of contract.

A title dispute involves a disagreement over who holds a valid legal interest in a property, which can arise from defects in the chain of title, undisclosed encumbrances, or competing claims of ownership.

Many property disputes are resolved through negotiation or a formal demand, particularly where the facts are clear. Where that isn't possible, disputes proceed through the court system, which may involve motions, a settlement conference, or trial.

Partition and sale is a court process that allows a co-owner of property to force a sale when the owners can't agree on what to do with it. It's commonly used when co-owners, such as former partners, family members, or business associates, reach an impasse over a jointly held property.

An easement dispute involves a disagreement over the right to use part of another person's property for a specific purpose, such as access or a shared driveway. These disputes often arise when one party's use of the easement exceeds what was originally granted, or when its existence or scope is unclear.

Costs depend on the value of the property involved, the complexity of the dispute, how urgently action is needed, and how much court involvement is required. Matters resolved through negotiation are generally far less costly than those that proceed through litigation. We'll give you a clear sense of anticipated costs during your first consultation.

Disclaimer: This page provides general legal information only and does not constitute legal advice.

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