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Jonathan F Lancaster Toronto Lawyer

Jonathan F. Lancaster

Partner Fasken
Covenants given on the sale of a business are subjected to a lower level of scrutiny than employee covenants, and are more difficult to set aside.
Jurisdiction Ontario, 1993
Language(s) English
Office(s) Toronto
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Overview

Jonathan Lancaster’s litigation practice is focused on corporate commercial litigation, commercial real estate litigation, lease arbitrations, banking law, product liability litigation, professional negligence and estate litigation.

Jonathan has a broad commercial real estate and estate litigation practice.

Acting successfully as counsel in Ontario cases, Jonathan has advised on a broad array of real estate litigation issues, including mortgagee and tenant rights/priorities, rights of first refusal, options to purchase, and equitable defences, vendors' liens, duties of condominium developers to purchasers, and restrictive covenants.

Jonathan has acted in a number of large product liability and professional negligence cases dealing with solicitors' and auditors' negligence, and has also advised on many complex estates matters.

Jonathan's practice is recognized by Chambers Global and Benchmark Canada.

 

Achievements

Client Work

  • Owner/landlord successful at rent reset arbitration concerning valuation of a development parcel, [Case - Confidential], Complex rent reset arbitration involving the valuation of a development parcel.
  • York Region Condominium Corporation No. 890 v. Market Village Markham Inc., 2020 ONSC 3993, [Case - York Region Condominium Corporation No. 890 and Pacific Mall Developments Inc]
  • Dispute between limited partners holding various residential real estate investments in the Waterloo region of Ontario in litigation strategy, [Case - Litigation Client]
  • 1435970 Ontario Inc. v GMD Canavas Holdings Inc, 2016 ONSC 3901 (CanLII), [Case - GMD Canavas Holdings Inc. and Decora Building Restoration Limited]
  • National Squash Academy Inc. v Parc Downsview, 2016 ONSC 1048 (CanLII), [Case - Confidential Client]
  • National Squash Academy Inc. v Parc Downsview, 2016 ONSC 60 (CanLII), [Case - Parc Downsview Park Inc.]
  • National Squash Academy Inc. v Parc Downsview, 2015 ONSC 6976 (CanLII), [Case - Parc Downsview Park Inc.]
  • Inukshuk Wireless Partnership v. NextWave Holdco LLC et al, 2013 ONSC 5631 117 O.R. (3d) 206, [Case - Inukshuk Wireless Partnership]
  • Thyssenkrupp Elevator (Canada) Ltd. v. 1147335 Ontario Inc., [2011] O.J. No. 3847 (Sup. Ct.), [Case - Schindler Elevator Corporation]

Career & Education

Education

  • LLB University of Western Ontario
  • BSc Georgia Institute of Technology

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, The Advocates' Society
  • Lecturer, Law Society of Upper Canada

Knowledge

  • Ontario Court of Appeal Deals with Circumstances in which a Will May be Challenged on Public Policy Grounds, 9/6/2016
  • Ontario Court of Appeal Confirms Principles Applicable to Proof of Will in Solemn Form, 9/6/2016

Events

News

Publications

  • Counsel Comments - Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72, 3/1/2013
  • Covenants and the Limitations Act, 2002, 12/9/2009
Article Counsel Comments - Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72
Article Covenants and the Limitations Act, 2002 Covenants Concerning the Use of Land, Ontario Bar Association

Speaking Engagements

  • Litigation with Foreign Connections, 6/6/2019
  • Ethics and Professionalism In Arbitration and Litigation, 10/27/2016
Ethics and Professionalism In Arbitration and Litigation Victory Verbatim location location Toronto, ON

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