water fall

Sherman Waterfalls & abutting land valued
for Conservation Authority

Our Services:

  • Arbitration – lease renewals, partnership disputes
  • Consulting – future and historic issues, potential litigation issues
  • Highest & Best Use Analysis
  • Expropriations & Litigation – partial taking, total buy-outs & business buy-outs with or without fee simple
  • Litigation as an expert witness
  • Sale of Properties
  • Estate Planning
  • Power of Sale

 

Other Areas:

  • A licensed Real Estate Broker with emphasis on a consulting basis
  • 2005 to 2010 – a member of the Board of Negotiation under the Expropriations Act
  • Arbitrator for real estate matters, i.e. lease disputes, partnership differences, potential litigation issues
  • Unusual and out of the ordinary types of real estate from Niagara Escarpment Waterfalls to a “waterfarm” to contaminated property to Hamilton Metrolinx

What is Arbitration? 

Arbitration involves adjudication by a third-party neutral. While it is possible to structure arbitration to be non-binding, most arbitration proceedings are designed to be binding.

Arbitration will in most instances come about by agreement of the parties, either due to a pre-existing contract, or based on the specific terms of an arbitration agreement entered into after the dispute has arisen. Unless otherwise agreed, the terms of the applicable Arbitration Act will govern and the decision of the arbitrator, unless otherwise agreed, will be binding.

What is the difference between Mediation and Arbitration?

A mediator helps parties negotiate a settlement that will satisfy all the parties. A mediator does not decide a dispute. 

An arbitrator functions more like a judge, deciding the outcome of a dispute based on evidence and law presented in an arbitration. Arbitration is usually binding, and the outcome can be enforced like a court order. Parties must agree to arbitrate and must sign an arbitration agreement.

 

3rd Party Consulting

As a 3rd Party Consultant, one may be directly involved in the process and still not be a principal party to an arrangement, contract deal lawsuit or transaction.

 

Situations where 3rd Party Consulting is beneficial: 

  • When unsure how to proceed with real estate complexities, i.e. lease renewals or best case scenarios for negotiating purposes
  • An outside opinion is required to determine the next best course of action in regards to a real estate development issue
  • A company requires expert advice to proceed with a decision
  • There are no staff members in a company with the level of real estate expertise needed

 

Mark’s Past Experiences

In all presented cases, Mark’s 40 years of experience proved invaluable to both sides of the disputes because they resulted in fair & agreeable settlements which, in turn, also saved time and money for both parties. 

Expropriation: Assistance to Property Owners to fully understand the MetroLinx Offer of Compensation regarding the Hamilton LRT

Landlord vs Tenant: Retail outlet disagreed with lease renewal rate presented by the Landlord.  Arbitration provided an agreeable binding rental decision.

Real Estate owned by Partners: At buyout time, Parties suggested different values on the same property and arbitration provided a mutually agreeable binding value decision. 

cargo ship

Port Credit Harbour RE: Federal Government
Transfer to Mississauga

lilly pads

Environmentally sensitive land