Toronto commercial real estate lawyers
The Toronto commercial real estate lawyers at Massey LLP know that when a development project is underway, it’s important to have capable counsel on your side who understands the unique intricacies and legal nuances involved in these matters. A large condo deal needs agreements drafted. Land acquisition and assembly requires deft guidance. Then there’s joint ventures, ground leases, easements, contracts, and property management – all matters on which each commercial real estate lawyer at our firm is focused.
We also understand that when a commercial landlord and tenant dispute erupts, a Toronto commercial real estate lawyer lawyer who has practised in this area is an asset. An argument over the interpretation or enforcement of a lease agreement breaks out between a landlord and a coffee shop. A conflict arises while negotiating a salon’s mall lease renewal or termination. That’s when our commercial real estate lawyers, backed by our broad experience, step in to provide the advice you need.
Whether it’s litigation – either you’re being sued or you’re launching a civil claim in the Superior Court of Justice – or need support for getting your business, project, purchase, or other commercial real estate transactions off the ground, the right Toronto commercial real estate lawyer at Massey LLP plays a vital role in ensuring smooth transactions and protecting the interests of our clients.
Equally important, our Toronto commercial real estate lawyers are skilled at handling legal issues on both sides of an issue. With a background of working on cases within various aspects of commercial property, each Toronto commercial real estate lawyer at Massey LLP provides guidance and legal support to a diverse range of clients, including but not limited to:
Real estate developers: Each commercial real estate lawyer at our firm provides comprehensive legal support to developers throughout the process, assisting with land acquisition, zoning compliance, due diligence, financing, contract negotiations, and other legal matters specific to these projects.
Property owners: Whether they are individual investors, corporations, or institutions, we handle legal aspects related to property ownership from contract negotiations, to leasing agreements.
Purchasers: Our Toronto commercial real estate lawyers assist buyers in acquiring properties, handling due diligence, reviewing purchase agreements, negotiating terms and ensuring a smooth transfer of ownership.
Tenants: We represent business tenants in their lease negotiations, review lease agreements, negotiate terms, address disputes, and ensure compliance with legal obligations.
Landlords: From drafting lease agreements and reviewing tenant proposals, each Toronto commercial real estate lawyer at Massey LLP works to protect the landlord’s rights in this relationship.
Our Toronto commercial real estate lawyers, also understand the intricate intersection between municipal law and commercial real estate and have extensive experience with assisting developers in these types of matters. Click on our Municipal Law page to learn more.
Commercial real estate issues can be very costly to fix; without proper representation from the start, clients can often find themselves with serious real estate-related issues that they (a) can’t fix or (b) can be very costly to remedy, warns our lead Toronto commercial real estate lawyer.
Why should you work with our top Toronto commercial real estate lawyer?
Every top Toronto commercial real estate lawyer at Massey LLP understands that in Ontario, commercial real estate serves as a platform for various economic activities including investment, commerce, trade, and industry – it’s an area of law that should not be handled DIY.
Working with our commercial real estate lawyers is crucial for clients as they may face a range of challenges and risks; they may encounter legal issues that are difficult or costly to resolve, face financial losses due to unfavourable contracts or disputes, overlook crucial factors during due diligence or run afoul of legal requirements and regulations.
Our Toronto commercial real estate lawyers note that several Acts govern various aspects of commercial real estate – and we know how to navigate them, which is vital:
The Planning Act (PA) regulates land use and planning and development in Ontario.
The Land Titles Act (LTA) is another which the Toronto commercial real estate lawyers know inside and out. It governs the registration system and outlines the process for registering interests in land, such as mortgages, transfers, and leases.
The Commercial Tenancies Act (CTA) governs the rights and obligations of landlords and tenants, and our commercial real estate lawyers say, establishes the legal framework for commercial tenancies, including rent regulation, lease terms, tenant protections and dispute resolution. Our Toronto commercial real estate lawyers add that handling matters under the Expropriation Act (EA) without a lawyer is not a good direction because we understand the Act provides the legal framework for the government’s power to acquire private property for public purposes, including the procedures and compensation mechanisms.
Recent court rulings on commercial real estate cases
The Toronto commercial real estate lawyers at Massey LLP practice area, led by Scott Lennox , also keep up-to-date with important case law to best handle clients’ matters.
We know, for example, that in the case 10443204 Canada Inc. v. 2701835 Ontario Inc. (2022), the Court of Appeal for Ontario ruled that an entire agreement clause in a purchase and sale agreement does not automatically prevent a defence of fraudulent misrepresentation. The ruling is significant for commercial real estate lawyers as it highlights that an entire agreement clause may not always shield parties from misrepresentation claims, particularly in cases involving fraud.
Meanwhile, our Toronto commercial real estate lawyers know how the ban on foreign homebuyers has unintentionally hit commercial real estate deals. The law, aimed at curbing competition in the residential market, also applies to commercial real estate that’s zoned for mixed use or residential. As a result, numerous commercial deals, including those involving land, malls, grocery stores, and office buildings, have been put in jeopardy.
Working with our commercial real estate lawyers is important because without proper legal representation, clients may find themselves facing challenges that are difficult to resolve or encountering significant financial implications.
By engaging our commercial real estate lawyers from the start, clients gain access to solid advice, proactive risk management, and skilled negotiation, all of which contribute to smoother transactions and minimized legal risks.
7 areas our commercial real estate lawyers focus their practice on
Development agreements: Our commercial real estate lawyers know this process involves land acquisition and assembly. They also negotiate and draft contracts related to the purchase and sale of properties.
Real estate financing: Our commercial real estate lawyers help clients get financing for their projects, review loan agreements, negotiate terms with lenders, and ensure they comply with financing regulations.
Zoning and land use matters: Toronto’s complex zoning regulations require the experience of our Toronto commercial real estate lawyers to navigate and advise clients on compliance with local zoning laws, obtain necessary permits and approvals, and address any legal obstacles related to land use and development.
Joint ventures: The commercial real estate lawyers at Massey LLP assist joint venture clients in structuring and negotiating these agreements, including the terms and conditions, documenting the sharing of responsibilities, risks, and rewards.
Ground leases and easements: Our commercial real estate lawyers handle matters related to ground leases, where the tenant leases the land and constructs improvements on it. We also deal with easements, which involve granting certain rights or access to another party over a property.
Contracts: The Toronto commercial real estate lawyers at Massey LLP play a critical role in reviewing, drafting, and negotiating contracts related to various real estate transactions. This includes financing documents, and construction contracts, among others.
Property management: We provide legal counsel to clients involved in property management, advising on issues such as lease enforcement, tenant disputes, and property maintenance obligations.
- Acquisitions and sales/dispositions
- Capital market transactions
- Commercial financing and mortgages
- Commercial leasing
- Condominium documents
- Development projects
- Financing/mortgage securitization
- Tax planning/ organization
- Negotiation of agreements
- Title examinations
8 landlord-tenant disputes our Toronto commercial real estate lawyers handle
As Toronto commercial real estate lawyers we provide property management services and know that disputes between landlords and tenants can arise due to various factors. Resolving these issues often involves negotiation, mediation , or, in more severe cases, litigation. Commercial landlords and tenants are encouraged to seek the guidance of our experienced commercial real estate lawyers to navigate these choppy waters and protect their rights and interests.
- Lease agreement disputes
- Rent payment and arrears
- Maintenance and repairs
- Lease renewals and terminations
- Unauthorized alterations
- Subletting and assignment
- Non-compliance with lease obligations
- Insurance and liability
Our team knows how commercial real estate and municipal law intersect
Our Toronto commercial real estate lawyers know that commercial real estate overlaps with municipal law in several ways – the latter refers to the legal framework that governs local governments, including cities, towns, and municipalities.
It’s important for commercial real estate developers and stakeholders to work closely with our experienced commercial real estate lawyers who are well-versed in municipal law. Our team guides developers through the intricacies of municipal regulations, helps navigate the approval process, negotiates with municipalities, and ensures compliance with all relevant laws and bylaws.
Ways the two areas of law cross include:
Our Toronto commercial real estate lawyers and joint ventures
Commercial real estate lawyers play a crucial role in facilitating joint ventures by providing legal guidance and expertise – we know that in Ontario, these commercial real estate deals are typically governed by contractual agreements rather than dedicated legislation.
But the Toronto commercial real estate lawyers at Massey LLP note while there may not be a specific law governing joint ventures, other laws and regulations may still apply to the arrangement. For example, relevant legislation in Ontario may include the Business Corporations Act (BCA), the Partnerships Act (PA), the Competition Act (CA).
Additionally, parties entering into a joint venture must comply with general legal principles, such as contract law, fiduciary duties, and obligations of good faith and fair dealing, advise our commercial real estate lawyers. The terms and conditions of the joint venture, including the rights and obligations of the parties involved, profit-sharing, decision-making processes, and dispute resolution mechanisms, are outlined.
7 ways our Toronto commercial real estate lawyers assist with joint ventures:
Structuring: The Toronto commercial real estate lawyers at Massey LLP assist in structuring the joint venture agreement to ensure it aligns with everyone’s objectives. This includes defining the roles, responsibilities, contributions, governance, and decision-making framework.
Drafting and reviewing contracts: Each commercial real estate lawyer at Massey LLP can draft, review, and negotiate the agreement and related contracts, ensuring all terms and conditions are documented, including profit-sharing, equity distribution, dispute resolution mechanisms, and exit strategies.
Due diligence: Conducting due diligence is crucial to assess the potential risks and benefits of a joint venture. Our Toronto commercial real estate lawyers review financial records, property documents, permits, and other relevant information to spot any legal or financial issues that may impact the deal.
Compliance and regulatory matters: Commercial real estate joint ventures must comply with various regulations, and zoning requirements. We ensure the venture is in compliance and assist in getting necessary permits or approvals.
Risk mitigation: Importantly, every commercial real estate lawyer at Massey LLP also identifies and mitigates potential risks to protect the interests of the parties involved, advising on insurance coverage, indemnification clauses, and dispute resolution.
Negotiation and conflict resolution: Toronto commercial real estate lawyers participate in negotiations to secure favourable terms and resolve any conflicts that may arise.
Ongoing legal support: Throughout the joint venture, our commercial real estate lawyers provide ongoing legal advice.
Whether you need guidance in development projects or other commercial real estate matters, our experienced team of Toronto commercial real estate lawyers at Massey LLP is here to provide you with strategic advice and effective representation. Contact us to ensure that your interests are protected, and your goals are achieved.