When a property transaction goes wrong, the road to resolution can be stressful and uncertain. Understanding how long it takes to resolve a real estate dispute in Toronto can help you set realistic expectations, protect your financial interests, and make informed decisions. While every case is different, there are typical stages and timeframes that most disputes follow under Ontario law.
At Powell Litigation, our Toronto real estate litigation lawyers have guided hundreds of clients through disputes involving property ownership, contract breaches, title issues, and more. Here’s what you need to know about how long these matters usually take to resolve—and what factors can speed up or slow down your case.
1. Initial Assessment and Legal Consultation (1 to 3 Weeks)
The first step is understanding the nature of your dispute and your legal options. During your initial consultation, a lawyer will review your purchase agreement, title documents, correspondence, and any relevant communications. This phase is also when your lawyer evaluates whether negotiation, mediation, or litigation is the best route forward.
For background on common disputes, see our page on Toronto, Ontario real estate litigation. This early evaluation helps determine how complex your case is, and how long resolution might take.
2. Negotiation or Mediation (1 to 3 Months)
Many real estate disputes in Toronto are resolved without going to court. Negotiation or mediation often begins once both parties have exchanged documents and identified the issues in dispute. These processes are generally quicker and less expensive than litigation, with timelines ranging from several weeks to a few months.
According to the Ministry of the Attorney General, mediation can significantly reduce the time and cost associated with civil litigation in Ontario. In many cases, parties reach an agreement during or shortly after mediation, avoiding the need for a court trial altogether.
3. Commencing a Lawsuit (2 to 4 Weeks)
If informal resolution fails, your lawyer will draft and file a statement of claim in the Ontario Superior Court of Justice. The defendant then has a set period (typically 20 days) to respond with a statement of defence. Depending on the complexity of your case and court scheduling, this initial phase can take a few weeks to complete.
At this point, your lawyer will also ensure all relevant evidence is preserved and start preparing for the discovery phase. This is where most of the groundwork for your case takes place.
4. Discovery and Pre-Trial Procedures (6 to 12 Months)
The discovery process involves exchanging documents, conducting examinations for discovery (similar to depositions), and clarifying the facts in dispute. This stage is often the most time-consuming part of litigation. It can last anywhere from six months to a year, depending on the number of parties involved, the availability of evidence, and the cooperation of each side.
In Toronto, court backlogs can also affect timing. The civil courts have experienced significant caseload increases since the pandemic, which may extend the discovery timeline. However, effective case management and early preparation by your legal team can minimize delays.
5. Settlement Discussions or Motions (Ongoing During Litigation)
Even after a lawsuit is filed, settlement remains a possibility. In fact, most real estate disputes settle before reaching trial. Lawyers often revisit mediation or engage in formal settlement conferences to explore resolution opportunities as new information arises during discovery.
Your lawyer may also bring preliminary motions—such as requests to dismiss claims, compel disclosure, or obtain summary judgment. These motions can either narrow the issues or sometimes resolve the dispute entirely before trial, saving significant time and expense.
6. Trial Preparation and Trial (1 to 2 Years After Filing)
If settlement efforts fail, your case proceeds to trial. Trial scheduling in Toronto typically occurs one to two years after the lawsuit is filed, depending on court availability and case complexity. A trial itself may last anywhere from a few days to several weeks.
Trials in real estate disputes usually involve expert testimony from appraisers, surveyors, or title specialists. Preparing for these proceedings requires extensive coordination, which is why it’s critical to have a firm with deep experience in real estate litigation. Learn more about property ownership and title issues in our related post on understanding title disputes in Toronto.
7. Judgment and Enforcement (3 to 6 Months After Trial)
Once a decision is rendered, the court will issue a written judgment. Depending on the outcome, either party may choose to appeal. If no appeal is filed, the winning party can take steps to enforce the judgment, which may include registering liens, garnishing wages, or compelling the transfer of property.
In total, from the first consultation to judgment, resolving a real estate dispute in Toronto can take anywhere from one to three years. However, cases resolved through mediation or settlement conferences often conclude in under a year.
Factors That Can Affect Your Timeline
- Complexity of the dispute: Multi-party or commercial property cases typically take longer than straightforward residential disputes.
- Availability of evidence: Missing documentation or disputed facts can extend the discovery period.
- Court backlog: Toronto’s civil courts are among the busiest in Ontario, which can affect scheduling.
- Cooperation between parties: When both sides are willing to communicate, resolution tends to come faster.
- Legal representation: Experienced counsel can streamline procedures and improve efficiency throughout the process.
How to Speed Up the Process
While you can’t control every variable, several strategies can help shorten the resolution timeline:
- Gather and organize all property-related documents early.
- Engage a lawyer experienced in real estate litigation as soon as possible.
- Be open to negotiation or mediation before proceeding to trial.
- Respond promptly to requests for information or discovery.
In some cases, alternative dispute resolution (ADR) methods like arbitration can provide a faster outcome than traditional litigation. According to the ADR Institute of Canada, arbitration can often resolve disputes within months instead of years, depending on the parties’ willingness to cooperate.
Why Work with Powell Litigation
At Powell Litigation, we focus on achieving efficient, cost-effective resolutions for our clients. Our team understands the complexities of Ontario’s real estate laws and court procedures. Whether your dispute involves a breach of contract, a contested sale, or a title issue, we can guide you through each step with clarity and confidence.
We also ensure you remain informed throughout the process—so you know exactly where your case stands and what to expect next. Our goal is to protect your property rights while minimizing stress and delay.
Talk to a Toronto Real Estate Litigation Lawyer Today
If you’re dealing with a property-related dispute in Toronto, timing matters. Delaying legal action can make it harder to preserve evidence and enforce your rights. Contact Powell Litigation today for a consultation and learn how our team can help you move forward efficiently.
To discuss your situation or learn more about our real estate litigation services, visit our Toronto real estate litigation page or explore our insights on title disputes in Toronto.