Strategic Advocacy for Property Disputes – Real Estate, Land-Based and High Value Personal Property Litigation Lawyers

Toronto Commercial Leasing Dispute Lawyers
Commercial Lease Claims Lawyers
Commercial Lease Dispute Arbitration in Ontario
Toronto Commercial Tenancy Dispute Lawyers
COVID-19 Rent Deferral | COVID-19 Lease Deferral

Commercial Property Disputes | Commercial Lease Disputes
Retail Lease | Office Lease | Shopping Mall Lease Dispute
Ontario Commercial Tenancy Litigation Lawyers
Lease Termination | Breach of Commercial Lease

Gilbertson Davis LLP can act for commercial landlords, commercial tenants, assignors, assignees, sub-lessors, sub-lessees, personal guarantors, property managers, real estate agents, creditors, property insurers and others having an interest affected by or related to commercial leasing, such as business partners and joint venture parties.

Shopping malls, office buildings, and industrial buildings provide unique commercial leasing issues that require experienced legal representation. Similarly, the leasing of equipment can present further complications and disputes in commercial leasing. Where those disputes cannot be resolved through negotiation and agreement, clients may need legal assistance and representation in litigation or commercial arbitration.

We provide cost-efficient and timely advice and representation to clients.  Gilbertson Davis LLP has commercial leasing lawyers with experience in the courts of Ontario with the kinds of motions and hearings regularly faced in commercial leasing litigation, including motions for injunctions, stay of proceedings and proceedings for relief from forfeiture.

The Gilbertson Davis LLP commercial leasing law team has experienced negotiators and can also seek to resolve your commercial leasing dispute without resort to litigation, through mediation and alternative dispute resolution. When agreement cannot be reached, Gilbertson Davis LLP also has experienced litigators who have appeared before in the Ontario Superior Court of Justice, the Divisional Court, the Federal Court, Federal Court of Appeal, the Ontario Court of Appeal and in arbitration.

We are a firm which has more than 30 years of practice in Toronto. We are ethical, professional and practical.

Commercial Leasing disputes can include any of the following matters:

    • Arbitration Clauses
    • Arbitration of Lease Disputes
    • Cancellation of Lease
    • Distress and Sale of Goods
    • Enforcement, Eviction and Re-entry
    • Interpretation of Commercial Leases
    • Injunctions, Stays and Other Equitable Relief
    • Lease (or license) for Use of Space for Advertising, Equipment or Machinery
    • Lease Renewal and Extension of Lease
    • Leasehold Improvements and Fixtures
    • Liability for Fire, Flood and Other Damage to Leased Property
    • Maintenance and Repair
    • Management Disputes with Landlords
    • Non-Rent Payment Obligations
    • Option Clauses
    • Overholding
    • Permitted and Prohibited Use of Premises
    • Private Use of Public Space (POPS)
    • Property Improvements
    • Property Insurance for Leased Commercial Property
    • Remedies for Breach of Lease
    • Rent Abatement Clauses
    • Rent Arrears and Defaults
    • Relief from Forfeiture
    • Rights of First Refusal
    • Subleasing
    • Termination and Relief from Forfeiture
    • Termination of Lease
    • Terms and Conditions of Commercial Lease

Lease to Own Agreements and Commercial Leases

In Ontario’s commercial property market, rent-to-own and option to purchase agreements are attractive options for businesses considering owning their own premises rather than renting. These agreements provide tenants with the ability to invest in future ownership some of their rental payments into a down payment or as credits on closing, and provide a guaranteed price on the property if and when they choose to purchase. For owners, such agreements provide a higher level of rent than a traditional rental arrangement in consideration for credits on down payment or closing.

Disputes often arise when a tenant or occupant seeks to exercise the option, particularly where the property value greatly exceeds the option to purchase price or where the option agreement or occupancy agreement have not been strictly complied with. In such cases, it is important to retain prompt legal advice. For tenants, legal advice can assist in ensuring the option agreement is properly exercised, and can seek injunctive relief to preserve their right to purchase the property. For owners, legal advice can assist in assessing whether or not the option agreement was properly exercised, and assist in maintaining ownership and commencing eviction proceedings if necessary.

  • Cranes and Heavy Lift Machinery
  • Heavy Machinery
  • Medical Equipment
  • Broadcast, Cell Tower and Antenna
  • Outdoor Adverting and Billboards
  • Trucks, Vans, and other Commercial Vehicles
  • Computers and other Electronic Equipment

Please contact Gilbertson Davis LLP to arrange an initial consultation.

Contact Us

Call: (416) 979-2020
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    Thank you for your interest in Gilbertson Davis LLP. Please note that we do not offer contingency retainers. In addition, we do not offer retainers in any cases where the amount in dispute is less than $50,000.

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