Litigation & Dispute Resolution
Practice Area Lead: Tracy Lyle
Many people associate “law” with going to court, but litigation is actually a specific process: it involves starting or defending a legal claim through the courts. While litigation is sometimes necessary, most disputes are resolved long before a trial takes place. Our team advises clients on the full range of dispute-resolution options, from early negotiation to mediation, arbitration, and, when required, court proceedings.
We handle litigation across many areas of law, with particular experience in property disputes, construction-related matters, and adverse possession claims. Our approach focuses on identifying practical solutions early, while being fully prepared to proceed through the litigation process when needed.
How we support
Property & Boundary Disputes
We assist with disputes involving boundaries, easements, encroachments, defects discovered in real estate transactions, disagreements between neighbours, and conflicts involving the use or enjoyment of land. Our team helps clients understand their rights, assess risks, and choose the most appropriate path toward resolution, whether through negotiation, mediation, or court action.
Construction Disputes and Construction Liens
Construction disputes can arise at any stage of a project, from residential renovations to large commercial developments. We assist owners, contractors, subcontractors, and suppliers with issues such as construction deficiencies, contract disputes, delays, and claims under Ontario’s Construction Act. Because construction lien matters involve strict timelines and procedural requirements, we provide timely advice to help preserve and enforce your rights.
Adverse Possession
Adverse possession, sometimes referred to as “squatter’s rights”, involves a claim to land based on long-term occupation. In Ontario, only properties still within the old Registry system remain open to adverse possession claims, and the legal threshold is high. A successful claim generally requires proof of:
- Actual possession for at least 10 years
- Intent to exclude the true owner
- Evidence that the true owner did not exercise possession during that period
We represent landowners responding to adverse possession claims as well as parties asserting an interest in land under the Real Property Limitations Act.
Our Approach
We guide clients through the dispute-resolution process with a focus on efficiency and informed decision-making. While many matters can be resolved through negotiation or mediation, we are equipped to proceed through the courts when required. Our litigators work closely with colleagues across our other practice areas to ensure disputes are addressed with the necessary legal and subject-matter support.
