Flavio Battiston

Flavio directs the Real Estate Practice Group.

Throughout his career Flavio has carried on a significant commercial and residential real estate practice, acting for purchasers, vendors, borrowers and lenders. In addition, he has acted for developers and builders in general planning and development matters.

Flavio has a depth of experience in development, building and construction, having acted for a number of builders in matters ranging from raw land assembly through to acquisition, disposition and permanent financing of mixed use projects.

Flavio can provide advice and assistance on a variety of matters, including:

• Acting on behalf of Purchasers and vendors of commercial and residential properties

• Purchase and sale of significant property interests including golf courses and land assemblies

• Acting on behalf of builders and developers with respect to acquisition, development, financing and sale of residential and commercial real estate

• Acting on behalf of borrowers and lenders with respect to purchase, construction and permanent financing

• Asset management and recovery work

• Creation of mixed use projects involving combined industrial and retail condominiums

• Commercial lease arrangements, including preparation, review, and negotiation of offers to lease, lease documents, renewals and amendments.

Flavio has successfully litigated cases in all levels of Court including the Ontario Court of Appeal with respect to commercial and real property matters. This rather unique combination of experience and background gives clients complete security in their dealings.

Reported Cases

Congiusti v Guriel Ontario Court (General Division) April 1987; Ontario Court of Appeal May 1988 – Dispute between client / purchaser and vendor over interpretation of an Agreement of Purchase and Sale. Purchaser’s claim successful, damages awarded. Case stands for the proposition that representations regarding rents implicitly and impliedly include representations that such rents are legal.

Windhill Construction Ltd. v Sanna Ontario Court of Appeal, May 1988 – Interpretation of a Servicing Agreement for a residential development. Cclient purchaser’s interpretation correct and Vendor compelled to complete servicing.

Dreosto v Fernicola Ontario Court (General Division) March 1994 – Interpretation of an Agreement of Purchase and Sale and whether a precondition was satisfied. Vendor’s claim for damages dismissed and client /purchaser’s deposit returned.

Doplihar Estate v Stopar Ontario Court (Ontario Division) 75 O.R. (2d) 374 – Interpretation of a will and the distribution scheme for beneficiaries.

Metric Excavating v Colonnades of Vaughan Ontario Court (General Division) November 1991 – Dispute over a construction contract. Claim granted.

Grittani v Marcillo Ontario Court (General Division) June 1992 – Acted for Vendor in dispute over a cloud on title. Cloud successfully deleted.

Re Cloval Developments Inc. and Koledin Ontario Court of Appeal December 1983 44 O.R. (2d) 251 – Issue of prepayment of a mortgage, rights and privileges of mortgagee and mortgagor.

National Bank v Tardivel Ontario Court (General Division),1993, 15 O.R. (3rd) 188; Ontario Court of Justice, Divisional Court, Feb 1994 – Defence of a claim by a bank on a cheque. Precedent that a stolen cheque is not a negotiable instrument. Bank’s claim dismissed.

Vaughan Panthers v Ontario Hockey Federation Ontario Court (General Division) August 1995 – Dispute between various members of the Ontario Hockey federation and the right of a minor hockey club to continue with its program. Client club’s application for injunction granted.

Muraca v Menzies and Von Bogen Ontario Court (General Division) June 1996 – A successful claim against a lawyer for money lost on a mortgage investment.

Sisco v Cengarle February 2001 – A successful claim against a lawyer for money lost on a mortgage investment.

Cult Iron Works Ltd. v Diamante Construction January 2000 – A successful claim against a developer for work done by a sub-contractor.

Community Involvement

Flavio has over the years developed a profile within the community of the City of North York and the City of Vaughan. He serves as a member of the Executive and a Member of the Boards of various community and educational organizations and institutions serving the youth of the City of Vaughan. He has dedicated himself to many charitable projects including minor hockey and the Vaughan Community Food Bank. He is also an active member of his church.

Flavio Battiston

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