Acquisition, financing, development, and sale of real estate interest
There is nothing quite as rewarding as being able to take a drive and see the fruits of your labour redefining the city skyline. Nelligan Law’s Real Estate Law practice group brings to bear an advantage that we believe is unique in Eastern Ontario – we have grown from strong practices in real estate, land development and condominium law.
Our team has more than 25 years of experience acting for condominium corporations and owners of shared property interests, as well as acting on the development and construction of shared property communities. In our development practice, we have had the privilege of working on some of Ontario’s most complex integrated, mixed-use and shared property developments. We represent more local real estate developers than any other law firm in the Ottawa area.
Let’s be frank – our team is rife with real estate nerds. They obsess over every detail that impacts the development, budgeting, construction, commissioning, management and operation of a property, regardless of its size and type. We know what works and what doesn’t. This kind of attention to detail has made group leader Deborah Bellinger an expert witness in court proceedings. Municipalities turn to us for advice on master plan real estate developments.
Our work takes us across Ontario. We see big opportunities in the years ahead as a growing emphasis on infill development demands more creative mixed-use planning in the urban core. We also have an outstanding track record acting for developers, condominium corporations and homeowners in responding to or advancing Tarion claims. Our team understands the timelines, regulations and bulletins that govern the Tarion process, and how Tarion remedies can combine with other claims.
We have the support of the firm’s Commercial Litigation group for any real estate, construction, or development dispute that can’t be resolved. You can rely on us to counsel you through every step of the litigation process and ensure your business objectives are protected.
Whether you seek to buy, sell, finance, develop or build, we will ensure you have a strong foundation for the future.
Nelligan Law is a member in good standing with the Greater Ottawa Home Builders’ Association, and the Canadian Condominium Institute.
FCM Green Municipal Fund
The Federation of Canadian Municipalities’ Green Municipal Fund (GMF) offers funding and knowledge to municipal governments and their partners for municipal brownfield initiatives; including: grants for community brownfield action plans and environmental site assessments, loans for brownfield capital projects, and a host of tools and resources on greening your brownfields.
Who we work with
Our team is proud to support some of the region’s leading developers, with a portfolio that includes major residential, condominium, commercial, and mixed-use projects across Ontario.
Our team has extensive expertise and knowledge in the field of commercial real estate financing. We represent financial institutions, lenders, and borrowers in a variety of financing and bonding transactions for properties and projects of all types and sizes.
We help our clients structure and negotiate their loan transactions, which includes advice on such issues as commitment terms, security and priority issues, environmental concerns, and due diligence requirements.
Our lender clients appreciate our responsiveness and rely on us to act effectively in the preparation and registration of security in financing transactions. Our real estate team has an excellent reputation in real estate development and our financing lawyers work hand-in-hand with lenders and borrowers on large development projects.
We have particular expertise in more complicated transactions, including land servicing loans, construction loans, condominium development loans, and mortgage defeasance transactions. Our real estate and development lawyers are deal-making business people who understand their clients’ business needs, and work diligently to achieve great results.
Our leasing provides its clients expertise in the field of commercial leasing. We represent a variety of landlords and tenants in multi-tenant and mixed use office, retail, and industrial buildings in the Ottawa area and other parts of Eastern Ontario. Specific services offered by this group include:
- Â Drafting, review, and negotiation of sophisticated commercial leases for property owners and tenants
- Â Lease audits for landlords
- Â Lease renewal and fair market rent arbitrations
- Â Comprehensive lease reviews in connection with the acquisition and financing of commercial properties
- Â Drafting, review, and negotiation of lease amending agreements, lease assignments, tenant estoppel certificates, and other related lease documentation
- Â Timely advice in respect of lease terminations, distraint, and other landlord and tenant remedies
- Â Condominium leasing included mixed use residential/commercial buildings
We also have the expertise to structure complex leasing arrangements, including ground leases, solar and other alternative energy facility leases, strata leases, and leases involving joint venture agreements. Our knowledge of the business aspects of commercial leasing means that we are able to negotiate leases and related agreements cost-effectively and in a timely manner to meet your needs. When leasing issues or disputes arise, our leasing group is able to develop new and creative solutions to solve your problems. Our goal is to settle leasing disputes in a cost-effective way before litigation is commenced. In certain cases, where disputes or default situations cannot be resolved, our commercial litigation lawyers are experienced in handling commercial leasing matters in a decisive fashion. Our extensive expertise in both commercial real estate and development allows us to provide integrated complete solutions to complex problems.
The experienced team members of our real estate and development group are leaders in the acquisition, financing, development and sale of real estate interests. Our practice extends to all sectors of Ottawa’s real estate market and to projects throughout the province including Toronto. We offer our clients significant depth of experience in all matters related to real estate, supported by a strong team approach to client service. We enjoy sharing our knowledge and experience with each other and with our clients and contacts. This approach forms the basis of our growing reputation as the first choice for important transactions, developments and real estate issues.
We also have an experienced commercial leasing team that assists both landlords and tenants in multi-tenant, mixed use office, retail and industrial buildings in the Ottawa area and Eastern Ontario.
Extensive experience in condominiums has enabled our real estate group to gain significant expertise in all matters related to new condominium development, existing condominiums, new conversions, and other forms of multiple unit housing, including mixed use residential and commercial developments.
Through our local network we maintain strong alliances with other members of the local real estate bar and with service providers to the development industry. These contacts have been invaluable to us and have grown to include well established relationships with institutional and private lenders, urban planners, appraisers, engineering and architectural consultants, surveyors, insurers, and real estate brokers and agents.
Nelligan Law is a member in good standing with the Greater Ottawa Home Builders’ Association, BOMA and the Canadian Condominium Institute.
We deliver strategic, tailored legal solutions across the full spectrum of land use, planning, and development. We understand the complex interplay between local regulations, public interest, and private development goals. Whether you are a property owner, developer, municipality, consultant, Indigenous group, or institution, our team works alongside you to help turn land use plans into legally sound, approved, and implementable projects.
We assist clients at every stage, from initial feasibility reviews and regulatory approvals to the negotiation of development agreements, appeals, and project execution. With deep experience in Ontario municipal law, we are well-equipped to guide you through the legal challenges that can arise during any planning process.
Our Services
Land Use and Zoning
Navigating zoning regulations is critical to the success of any development. We provide proactive legal advice to ensure your project complies with local planning frameworks and help you secure the permissions you need. Our services include:
- Zoning Due Diligence and Compliance
We assess your property’s current zoning status and identify opportunities and constraints to inform your planning decisions. - Rezoning and Minor Variance Applications
Whether seeking to rezone land or apply for minor variances, we guide you through municipal processes and advocate on your behalf. - Site Plan Control Approvals
We support the preparation, negotiation, and submission of site plans to ensure your project meets municipal design and development standards. - Subdivision Planning and Approvals
Our team advises on the legal requirements for land division, helping you structure your subdivision application to align with municipal and provincial policies. - Conditional and Special Use Permits
When your project requires exceptional permissions, we assist in preparing and presenting compelling cases for permit approval.
Development Agreements
Development agreements are essential to aligning municipal interests with private development goals. We help you structure agreements that protect your interests and comply with applicable law.
- Negotiation and Drafting of Development Agreements
We craft legally sound agreements that set clear expectations around infrastructure contributions, timelines, and land use conditions. - Amendments to Existing Agreements
Projects evolve—and we’re here to help when you need to renegotiate or amend development agreements to accommodate changes.
Advocacy
When planning decisions don’t go your way, we can step in to represent your interests before municipal councils, the Ontario Land Tribunal and the courts.
- Zoning and Bylaw Disputes
We represent clients in challenging or defending municipal decisions involving zoning and bylaw amendments, minor variances, and site-specific planning disputes. - Ontario Land Tribunal Advocacy
We appear before the Ontario Land Tribunal in matters ranging from subdivision approvals, zoning and bylaw amendments, and official plan amendments. We provide experienced advocacy aimed at securing a favourable outcome. - Council and Committee Representation
We advocate for clients before municipal councils, committees of adjustment and other local decision-making bodies to support or oppose planning applications and policy changes.
Why Choose Nelligan Law?
- Multi-stakeholder Expertise: We understand the priorities of private developers, municipalities, and community organizations, and we know how to bridge them effectively.
- Local Knowledge, Provincial Scope: Based in Ottawa, we work with clients across Ontario, leveraging our deep knowledge of municipal frameworks and provincial planning legislation.
- Collaborative, Solution-Oriented Approach: We don’t just identify problems—we help solve them. Our lawyers work closely with planners, engineers, architects, and local authorities to move projects forward.
Contact Us
If your project involves municipal planning, zoning, or land development, Nelligan Law can help. Our team is ready to provide the legal clarity and support you need to make informed decisions and reach your goals.
Contact us today to schedule a consultation with a member of our Municipal Planning Group.
Additional services we provide:
- survey and boundary issues; title disputes, neighbour disputes.
- encroachment issues (new and existing construction, right to encroach in undertaking repairs)
- easements – registered and unregistered
- title by adverse possession
- zoning, legality and expansion of existing use
- building code compliance issues for both new and existing construction
- registered and unregistered claims against title
- errors in legal descriptions
- Land Registry Office issues
- environmental hazards and clean-up obligations
- shared private services
- liens against title and construction liens
- indigenous land claims
- shared driveways, rights of way and access; private approach by-laws and driveways; parking restrictions
- creation and management of integrated shared property
- access issues (i.e. rights-of-way)
- building restrictions (i.e. restrictive covenants)
- fence construction or removal (boundary location)
- errors on title
- building deficiency claims
- Ontario New Home Warranty Program issues
Residential real estate services
In addition to our work in commercial real estate and development, we assist clients with all aspects of residential real estate transactions. Whether you’re buying, selling, refinancing, or drafting an agreement, our fixed-fee services are designed to provide clarity, efficiency, and legal peace of mind throughout the process.
This service includes a full review of the agreement of purchase and sale, coordination with your broker or agent regarding conditions, review of the mortgage commitment letter, and communication with your lender to facilitate the mortgage loan. We also conduct title and off-title searches, prepare and execute closing documents, and notify the City of the change in ownership.
$2500.00 plus title search, land transfer tax, and HST
In addition to the services provided for a standard residential purchase, this package includes a review of the condominium status certificate to ensure compliance and identify any potential issues. We handle all aspects of the transaction from agreement review to closing and municipal notification.
$2,900.00 plus land transfer tax and HST
This service covers the review of the agreement of purchase and sale, coordination with your broker or agent regarding conditions and commission payments, and communication with your lender to arrange payout of any outstanding mortgage. We prepare and execute all closing documents and notify the City of the ownership change.
$1,750.00 plus HST
We assist with drafting the agreement, including discussion of purchase price, deposit, and appropriate conditions. We also advise on timelines and closing schedules, and coordinate with the other party’s legal counsel if applicable.
$1,250.00 plus HST
This service includes a review of the mortgage commitment letter, coordination of debt payouts, title and off-title searches, preparation of closing documents, and registration of all security. We also work with your lender to ensure timely advance of funds.
$2,500.00 plus HST
