Toronto Real Estate Investment Trust Disputes Lawyers

The investment vehicle known as a REIT, a Real Estate Investment Trust, has achieved prominence in both the public and private investment markets in Canada and elsewhere.

The structure of REITs can take various forms, including mortgage, equity, and hybrid investment arrangements. Similarly, REITs often invest in a wide variety of income-generating real estate, such as:

• residential apartment complexes
• commercial properties, such as malls and office buildings
• hotels and retirement homes
• warehouses and industrial properties

Unitholder Rights in a REIT

REITs operate as a trust. As such, investors in REITs are not automatically provided with the rights and protections afforded to traditional corporate shareholders, particularly in respect of oppression and minority shareholder rights, unless those rights and remedies are included in the REIT declaration of trust. While there is a growing approach to include those statutory rights and remedies in REITs through express inclusion in the declaration of trust, many REIT still do not contain these important safeguards.

Absent these safeguards, concerned investors are often forced to look to the law of equity and the fiduciary responsibilities of trustees when they believe their interests are being jeopardized by the conduct of a REIT or the individuals managing the REIT.

It is important, both for the REITs and for any concerned investors, that competent and effective counsel be sought promptly, to ensure effective representation on time-sensitive and urgent matters.

Operational Disputes

REITs can also face numerous operational issues, including contractual arrangements with leaseholders, property developers and managers, arrangements with lenders and underwriters, and any number of regulatory, municipal, and related issues.

It is important to have any such issues resolved quickly and effectively to maintain the continued operation and effectiveness of REIT investments, and experienced counsel should be consulted to ensure a positive resolution is obtained early and efficiently.

Choose Gilbertson Davis LLP

At Gilbertson Davis LLP, we can represent investors, unitholders, trustees, officers, property managers, lenders, underwriters, and other interested parties in disputes relating to the operation of REITs, including disputes involving minority or oppressed unitholders.

Gilbertson Davis LLP has lawyers who have experience in corporate, partnership and trust disputes, both in litigation and arbitration, which allows us to have a quick understanding of your business and the dispute at hand.

Gilbertson Davis LLP has lawyers with considerable courtroom experience, in important motions, trials and appeals at all levels of the courts in Ontario and Canada (including the Ontario Court of Appeal, the Federal Court and the Supreme Court of Canada), including that of the Commercial List, a part of the Ontario Superior Court of Justice which is dedicated to the resolution of eligible Toronto-based business and commercial litigation.

Contact us for an initial consultation.