Our client, a Toronto businessman, purchased a suburban office building from a bank after the owner defaulted on the mortgage. On the eve of the closing, a large tenant prevented the closing by claiming it had a right of first refusal to purchase the building. As a result of our efforts, which involved proceedings up to the Ontario Court of Appeal, our client eventually closed the transaction and now owns a property, which has increased greatly in value. But our client still needed our help: the “nightmare” tenant refused to move from its offices at the end of its lease. In the ensuing complicated litigation, our client eventually forced the tenant to move but left our client with a substantial claim for damages. The tenant claimed to be a “shell corporation” and said that no judgment could be enforced against it. As a result of our advocacy and negotiations, the former tenant eventually agreed to pay a six figure settlement.
