Civil & Real Estate Litigation
We represent clients with different civil and real estate disputes and assess the appropriate recourse to pursue. It’s important that you obtain legal expertise and Geraldine Acosta can assist you in determining the best strategy.
Litigation Practice Areas
Civil Litigation
Real Estate Litigation
Landlord Disputes
Breach of Contract
A contract is an agreement between two or more people that the law recognizes and will enforce. A party’s failure to fulfil any of its obligations under a contract is known as a Breach of Contract. Different types of breaches have different consequences. The method and seriousness of the breach must be examined to determine the appropriate recourse to pursue. There are various remedies you may seek for Breach of Contract. It is important that you obtain legal expertise to assist you if you have been named in a breach of contract lawsuit or if you believe that another party has failed to meet its obligations under a contract. Geraldine Acosta can assist in examining the nature and effect of the breach to advise you of the appropriate remedy to pursue.
Constructive Trusts
A constructive trust is an equitable remedy imposed by a court. It creates an interest in a property to prevent the unjust enrichment of a party who has obtained property by wrongfully depriving the rights of another party. Unjust enrichment is based on the concept that one person is enriched at the expense of another person’s actions. For example, one common law spouse owns a property and the other spouse substantially contributes to the property thereby increasing the value of the property. The titled spouse has benefited from the contributions made by the non-titled spouse. Therefore, the non-titled spouse would have an unjust enrichment claim granting them a constructive trust in the property.
It is important that you obtain the legal expertise to assist you if you believe that you have a constructive trust claim or a constructive trust claim has been made against you. We have represented numerous clients in these situations and have successfully advocated for our client’s rights.
Resulting Trusts
A resulting trust arises from the operation of law, which means that it arises in response to events other than the expressed intention in a written document. The law of equity tends to be suspicious of gifts and often sets out on an inquiry as to whether the recipient of an apparent gift can prove that it was a gift and whether the donor intended it as the gift. If the recipient of the gift cannot prove that the donor intended to give a gift, a trust will be created for the person who gifted the property. For example, a property owner transfers a property to a friend for nil consideration to hold for their benefit. If the friend thereafter claims that the property was gifted, the friend will have to prove that there was intention to gift the property. Otherwise, the law of equity will deem the property to be held in trust by the friend for the benefit of the other friend who transferred the property.
It is important that you obtain the legal expertise to assist you if you believe that you have a resulting trust claim or a resulting trust claim has been made against you. Geraldine Acosta has represented numerous clients in these situations and have successfully advocated for her client’s rights.
Partition & Sale of Real Property
Under the Partition Act, a co-owner of real property has the statutory right to seek a court order for the sale of a property. Typically this arises when co-owners do not get along anymore and ownership is not feasible, if one co-owner wants to sell and the other does not or if the co-owners have differing objectives for the property. Generally, the courts will grant the request for the sale of the property but it reserves the right to decline the request if the court finds that there is malice, oppression or vexatious conduct on the part of the Applicant.
It is important that you obtain the legal expertise to assist you if you want to proceed to seek an order for the sale of real property or defend an application made against you. Geraldine Acosta has represented numerous clients in these situations and have successfully advocated for her client’s rights.
Debt Collection
If you or your company has loaned money to family, friends, or businesses and the recipient of the loan has failed to make payments on the loan, you can take steps to collect the money owing to you.
It is important that you obtain the legal expertise to assist you with a debt collection matter. Our firm has represented numerous clients in these situations and we have successfully advocated for her client’s rights. Geraldine Acosta can help you devise strategies to either collect the money you are owed or protect yourself from creditors.
Small Claims Court
Small Claims Court has jurisdiction over matters relating to unpaid loans, unpaid rent, property damage, personal injury and breach of contract that are valued under $35,000. You may still commence a claim in small claims court if it is worth more than $35,000 but you will have to waive any amounts in excess of $35,000. Small Claims Court is intended to be more cost effective and expeditious than the Superior Court of Justice.
It is important that you obtain the legal expertise to assist you with your Small Claims Court matter. Geraldine Acosta has represented numerous clients in Small Claims Court and have successfully advocated for her client’s rights.
Real Estate Disputes Litigation
With such an active real estate market, so is the rise of real estate disputes such as the failure to close a real estate transaction, the failure to secure financing, a constructive trust claim, a certificate of pending litigation, a partition and sale application, the enforcement of a mortgage or the enforcement of an Agreement of Purchase and Sale. Real Estate disputes can be highly contentious and can result in substantial monetary damages if they are not resolved quickly and skillfully.
It is important that you obtain the legal expertise to assist you if you believe that you are engaged or potentially engaged in a real estate dispute. Geraldine Acosta has represented numerous clients in these situations and has successfully advocated for her client’s rights.
Tenancy Agreements
In Ontario, residential tenancies are governed by The Residential Tenancies Act which sets out the rights and obligations of the landlord and tenant under a lease. The Act defines a tenancy agreement as a written, oral or implied agreement between a tenant and a landlord for the right to occupy a rental unit. It is important to have a tenancy agreement that sets out all the terms and conditions of the lease to minimize the risk of any disputes. Equally as important is that you cannot contract out of The Residential Tenancies Act. This means that you cannot impose conditions upon the tenant that are contrary to the Act.
If you are looking to lease your residential property, it is important to ensure that you have a proper tenancy agreement in place. Geraldine Acosta can assist in preparing Tenancy Agreements or reviewing existing Tenancy Agreements to ensure that it protects the Landlord’s rights and property.
Evictions/Tenancy Terminations
A tenancy can be terminated by:
a) Agreement between the landlord and the tenant;
b) The tenant, with proper notice to the landlord; or
c) The landlord, with grounds (Fault Grounds or Without Fault Grounds) and proper notice to the tenant.
The proper eviction notice must be completed and the information inserted into the notice must be accurate. Otherwise, the eviction application may be dismissed on a technicality, and you may be required to restart the eviction process. The process of evicting a tenant is a sensitive one and should be done with the utmost attention to detail at every stage.
It is important that you obtain the legal expertise to assist you with your tenancy matter. Geraldine Acosta has represented numerous clients at the Landlord and Tenant Tribunal and have successfully advocated for her client’s rights.
Frequently Asked Questions
What should I do if I have a contract dispute?
If you have a contract dispute, it is important to seek a lawyer’s input and guidance to try and resolve the dispute before it escalates.
I need help with a breach of contract. Can you help?
Yes, we can help. If you or someone else has not fulfilled their obligations under to the contract, we can help resolve your matter by reviewing the contract, confirming whether there was a breach, and advising you as to the remedies available to you.
What are my options with a breach of contract?
There are several remedies for breach of contract such as damages, injunctive relief or specific performance. The circumstances of your matter will determine the appropriate relief in your case.
What issues arise when buying a property? (failure to obtain mortgage etc)
Many issues can arise when buying a property, so it is important to have a property inspection completed by a certified and reputable home inspector to ensure that the property is in a state of good repair. Other issues may include that you may not be approved for a mortgage or at the last minute you fail to obtain a mortgage.
What happens if I breach my purchase contract?
Once you sign a Purchase contract, you are bound to it (with the exception of a pre-construction condominium purchase where the purchaser is given a 10-day cooling off period). If you do not close the purchase and sale transaction, the seller can sue you for breach of contract. The seller has a duty to mitigate their damages and relist the property for sale. However, if the seller sells the property for less than what they had initially sold it to you, they can sue for the difference in purchase price.
Contact Us
We're located in Aurora, but help families all across Ontario. Please reach out, and let us know how we can help you.
Phone
Aurora
16 Industrial Parkway South,
Suite 419
Aurora Ontario
L4G 0R4
Barrie
92 Caplan Ave,
Suite 640
Barrie, Ontario
L4N 9J2