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Yan David Payne, Certified Specialist in Civil Litigation
EXPERIENCE YOU CAN RELY ON
We have successfully represented vendors, purchasers, investors, owners, neighbours, real estate agents, commercial landlords and commercial tenants, resolving hundreds of real estate disputes. We have secured important Orders and valuable Court Judgments on behalf of our clients. Our reported decisions include cases establishing new law in the Province of Ontario.
Payne Law can assist you in resolving disputes related to real estate including:
TITLE/OWNERSHIP RIGHTS
REAL ESTATE INVESTMENT DISPUTES
NEIGHBOUR NEGLIGENCE AND NUISANCE
ABANDONED TRANSACTIONS
COMMERCIAL TENANCY DISPUTES
TITLE/OWNERSHIP RIGHTS
in April 2024, we secured a judgment against the Nature Conservancy of Canada as well as an individual land owner, correcting title and declaring a right of way (ROW) in favour of our client over multiple abutting lands. See Judgment of the Honourable Justice Hurley: F-judgment-DJ-v-nature conservancy-cv-24-0012-00
In July and September 2023, we obtained a declaration for a right of way and secured a cost award of $28,000 along with the right to modify the right of way for vehicular access. See September 25, 2023 cost decision of the Honourable Justice Owen Rees: Jokovic v Middleton – Costs Endorsement. See underlying July 21, 2023 Superior Court of Justice decision: 2023-07-21-END-JOKOVIC v MIDDLETON- REES, J.
In June 2023, we secured an Order to issue a Writ of Possession on a property occupied by client’s family members despite their bitter opposition. The Writ of Possession entitled our client to evict the occupants with the assistance of the sheriff and to dispose of the property. See: Order Gorman J. CV22-895 Nguyen v. Van Tong et al. 14Jun23-signed_Redacted. This follows earlier (2022) Order for Partition and Sale of property occupied by client’s family members despite bitter opposition. See: Endorsement Dube, J – Nov 3.22. A separate Cost Order was released in 2023 for $8,600.00 in favour of our client, being the full amount claimed.
In February 2023, we were successful in preserving our client’s interest in an investment property by way of motion seeking leave to register a Certificate of Pending Litigation (CPL). The Superior Court of Justice granted leave to register the CPL against title of the property which only reflects Defendants as legal owners. The Court also assessed $5,000.00 in costs for the motion. See: Na v Na – 20230213 – Signed Order.
In November 2022, we successfully obtained a Superior Court of Justice Order for partition and sale of a property which was occupied by our client’s family members despite the matter being bitterly opposed. See reasons for decision: Nguyen v. Tong – Ruling on Application – 2022 ONSC 6251. A separate Cost Order was released in 2023 for $8,600.00 in favour of our client, being the full amount claimed.
In 2022, we successfully defended our client’s partition and sale order (which our firm obtained at trial) before the Ontario Court of Appeal. The Ontario Court of Appeal panel unanimously confirmed the trial Judge’s findings involving beneficial ownership, resulting trust, and constructive trust claims. The Ontario Court of Appeal ordered the partition and sale of the property proceed and also ordered costs of the appeal in the amount of $9,500.00 in favour of our clients: Inniss v. Blackett, Ontario Court of Appeal, 2022 ONCA 166
In 2020, we argued one of the first remote Divisional Court appeal hearings in the Province’s history. We were successful in upholding our clients’ right to sell a jointly-owned property, despite bitter opposition from the co-owner. The Divisional Court upheld the sale and ordered costs in favour of our clients. This comes shortly after we obtained multiple cost awards in early motions for a stay and for having initiated the appeal in the wrong court. See 2020 Divisional Court decision: Krizan v. Skurdelis, 2020 ONSC 4386. See also earlier motion decision denying the appellant a stay in the sale order and awarding costs in favour of firm client: Krizan v. Skurdelis, 2020 ONSC 451 and formal Order: Krizan v. Skurdelis – Divisional Court File No. 712-19.
We are experienced in handling all manner of property rights disputes. For example, we were able to set new law at the Ontario Court of Appeal establishing the right to sue by-law enforcement officers and municipalities for negligently enforcing their by-laws.
Read the Ontario Court of Appeal’s formal decision: Rausch v. Pickering (City), ONCA.
REAL ESTATE INVESTMENT DISPUTES
We solve real estate investment and real estate business disputes, including professional liability claims against real estate professionals.
Where required, we litigate, secure, and enforce Court Judgments on behalf of our clients.
In February 2023, we were successful in preserving our client’s interest in an investment property through a motion seeking leave to register a Certificate of Pending Litigation (CPL). The Superior Court of Justice granted leave to register the CPL against title of a property being held by the Defendants. The Court also assessed $5,000.00 in costs for the motion. See: Na v Na – 20230213 – Signed Order.
In 2022, the Ontario Court of Appeal sided with firm litigators Mr. Payne and Mr. Clark in an appeal involving funding for a property and claims of resulting trust and constructive trust. The Ontario Court of Appeal panel awarded costs of $9,500.00 in favour of our clients. [Decision of the Ontario Court of Appeal in Inniss v. Blackett, 2022 ONCA 166]
See also Judgment for over $700,000.00 obtained on behalf of firm client: Sywak v. Collver – Superior Court File No. 18-67074.
We regularly secure Preservation Orders and Certificates of Pending Litigation in cases where ownership of a property is in dispute. For example in 2021, we secured Certificates of Pending Litigation (see, for example: CPL re. 40226-0068 – ISSUED – June 10.21 and CPL re. 40227-0081 – ISSUED – June 10.21) and we also obtained a Superior Court of Justice Order directing that a property be preserved, requiring all logging operations to cease. See: Order from Justice Scott – ISSUED on May 31.21
In 2020, we argued one of the first remote Divisional Court appeal hearings in the Province’s history. We were successful in upholding our clients’ right to sell a jointly-owned property, despite bitter opposition from the co-owner. The Divisional Court upheld the sale and ordered costs in favour of our clients. This comes shortly after we obtained multiple cost awards in early motions for a stay and for having initiated the appeal in the wrong court. See 2020 Divisional Court decision: Krizan v. Skurdelis, 2020 ONSC 4386. See also earlier motion decision denying the appellant a stay in the sale order and awarding costs in favour of firm client: Krizan v. Skurdelis, 2020 ONSC 451 and formal Order: Krizan v. Skurdelis – Divisional Court File No. 712-19.
Also in 2020, we were successful at trial in having our client’s interest in a property recognized by the Superior Court of Justice, and in obtaining an Order compelling the sale of the property. All of this despite the fact that our client had been out of the property for over 10 years. The claim was bitterly opposed. In 2020, the Court rendered its decision in favour of our client: July 6, 2020 Judgment of Justice Faieta
NEIGHBOUR NEGLIGENCE, NUISANCE, TRESPASS
In April 2024, we secured a judgment against the Nature Conservancy of Canada as well as an individual land owner, correcting title and declaring a right of way (ROW) in favour of our client over multiple abutting lands. See Judgment of the Honourable Justice Hurley: F-judgment-DJ-v-nature conservancy-cv-24-0012-00
In July and September 2023, we obtained a declaration for a right of way and secured a cost award of $28,000 along with the right to modify the right of way for vehicular access. See September 25, 2023 cost decision of the Honourable Justice Owen Rees: Jokovic v Middleton – Costs Endorsement. See underlying July 21, 2023 Superior Court of Justice decision: 2023-07-21-END-JOKOVIC v MIDDLETON- REES, J.
We help solve serious boundary, trespass, and nuisance disputes. Where necessary, we secure and enforce Court Judgments. For example, in M. W. v. G.B., we successfully enforced $1,093,613.30 Judgment against a neighbour due to flooding damage. We pursued a forced sale of the neighbour’s property and, as a result, we were able to extract full payment on the Judgment.
The Defendant’s insurer’s attempt to interfere was dismissed by the Superior Court of Justice, with costs.
See Superior Court of Justice decision: State-Farm-Fire-and-Casualty-Company-and-Graziano-Biadi-v.-M.W.-Superior-Court-File-No.-624-18
ABANDONED TRANSACTIONS
We successfully negotiate and litigate disputes arising from abandoned real estate transactions. While 99% of our cases settle through negotiation, we are efficient and effective when it comes to securing Judgments.
See for example, Superior Court Judgment and Costs of over $100,000.00 obtained on behalf of vendor as a result of a purchaser’s failure to close: C.S. v. R.N. – Judgment
COMMERCIAL TENANCY DISPUTES
We have resolved hundreds of tenancy disputes, including complex and high-stakes litigation. In cases where there is no prospect for reasonable discourse, we thrive in trial and appeal settings. We always follow through. See, for example, Superior Court of Justice trial Judgment and Ontario Court of Appeal Order upholding the Judgment for $364,180.70, plus costs, secured on behalf of our client, a commercial tenant:
Superior Court Judgment: Dardha v. Theodore (Sup. Ct.)
Ontario Court of Appeal Judgment: Dardha v. Theodore (ONCA)
Past results are not necessarily indicative of future results. The amount recovered and other litigation outcomes will vary according to the facts in individual cases. Please speak with us about the facts of your case.
Certified Civil Litigation Specialist, Real Estate Litigator
Top Real Estate Litigators in Toronto
Top Civil Litigation Lawyers for Abandoned Real Estate Transactions
Top Real Estate Dispute Court Lawyers
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