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Real Estate Litigation

In Canada real estate matters are governed by both statutes and the common law. Statutes such as the Planning Act, the Real Estate and Brokers Act, and the Land Titles Act inform our understanding of ownership of land and the limits and regulations that come with it.

Many real estate disputes end up in litigation. Matters range from property line disputes to questions regarding ownership or liability for certain costs. Real estate litigation falls under the scope of civil matters and as such the standard used for tests and verdicts is that of the balance of probabilities. That is, the party with the onus to rebut or establish, must do so by proving their side to be a possibility at least beyond the threshold of 50% likeliness. This standard is crucial to remember because it informs how much and what kind of evidence may be necessary to win a case.

Real estate-related disputes are contentious and often costly. As such, is prudent to retain qualified counsel when a conflict arises.