Daniel Waldman

Of Counsel
Daniel Waldman has a broad commercial litigation practice with an emphasis on real property litigation, including commercial leasing, commercial real estate, construction law, and debt collection. His clients include Canada’s most prominent commercial landlords, international developers, multimillion-dollar real estate investment trusts, and construction companies. Focusing on high-level real property litigation, his main areas of expertise include real property disputes involving the purchase and sale of large commercial property and commercial lease disputes.

Drawing on his considerable experience, Daniel is known for achieving results for his clients without the need for lengthy and expensive litigation. He regularly appears before all levels of court and various administrative tribunals. He has acted as counsel in many mediations, arbitrations, and negotiated settlements, recognizing that the best resolution often involves creative and practical solutions.

His practice extends to construction litigation, construction lien work for developers and individuals, and significant debt collection matters, including commercial rent arrears and mortgage enforcement work. Daniel also has experience with shareholder disputes, securities litigation, and regulatory work, such as disputes involving mergers and acquisitions, plans of arrangements, hostile take-overs, proxy battles, Securities Act applications, broker negligence, and shareholder disputes.

Recognized by Lexology as a legal influencer for his thought leadership in dispute resolution in Canada, Daniel is a frequent contributor to Law Times, Canadian Lawyer Magazine, Precedent Magazine, and The Advocates Journal. He publishes a regular column on RENX.ca, Canada’s largest real estate news exchange, called The Property Law Hub, where he writes about developments in real estate law and litigation. Daniel is a member of the Board of Directors of the Peel Law Association and editor-in-chief of their Peel Briefs.

A volunteer with the Law Society’s Coach and Advisor Network and Member Assistance programs, Daniel offers career support services to Ontario lawyers who struggle with mental health and addiction issues. Furthermore, he serves as Vice Chair on the board of directors of Wellesley Central Residences Inc., an organization that provides safe, affordable housing for the elderly and people living with HIV/AIDS.

Education & Credentials

Education

Carleton University

B.A., Humanities, 2002

University of British Columbia

M.J., 2005

Osgood Hall Law School, York University

J.D., 2009

Bar Admission

  • Ontario2010

Prominent Assignments

• Successfully represented one of the largest commercial landlords in Canada before the Ontario Court of Appeal in a precedent-setting case involving the renewal of a multi-million lease for a large health club company.
• Representing multiple defendants in a precedent-setting summary judgment decision for the successful dismissal of a C$37 million claim pertaining to a series of complex real estate transactions.
• Represented multiple financial institutions in hundreds of complex mortgage enforcement proceedings before the Superior Court of Justice and the Ontario Court of Appeal.

Professional Involvement

• Member, Ontario Bar Association – Civil Litigation and Real Property Law Sections
• Member, Canadian Bar Association
• Member, Advocates Society
• Director, Peel Law Association
• Editor, Peel Briefs, Peel Law Association
• Columnist, Canadian Lawyer Magazine
• Columnist, Precedent Magazine
• Columnist, Real Estate News EXchange (RENX.ca)

Community Involvement

• Vice Chair of Board of Directors of Wellesley Central Residences Inc., an organization that provides safe and affordable housing to the elderly and people living with HIV/AIDS
• Volunteer for CAN (Coach and Advisor Network) Coach, Law Society of Ontario

Publications/Presentations

Daniel frequently publishes articles in the Canadian Lawyer Magazine, Real Estate News EXchange (RENX.ca), and Precedent Magazine. Click on the following links to keep up-to-date with his articles on practical legal career advice, litigation issues, and the latest developments in real estate law:

Canadian Lawyer Magazine

Real Estate News EXchange (RENX.ca)

Precedent Magazine

  • Co-Author, "Dissent Rights and Shareholder Agreements – New Ruling Provides Guidance,” Cross-Border & Canadian Business Blog, February 2024
  • Presenter, ""Acting reasonably, honestly and in good faith – Recent developments," 2024 ICSC Canadian Law Conference, April 2024
  • Moderator, "Accessing capital in a frozen market when commercial real estate is not seen as favourable as it was just a year ago.," RealCapital 2024, February 2024
  • Presenter, "How to Get Your Cases Moving and Practice Direction Updates," Ontario Bar Association, February 2024
  • Author, “It is our responsibility as litigators to help ease court delays,” Canadian Lawyer Magazine, January 2024
  • Author, "When development deals go wrong, damages come in the form of land value, not lost profits," Dickinson Wright Cross-Border & Canadian Business Blog, January 2024
  • Author, "Mass fraud, arson threats, murder, organized crime, kidnapping: What are the limits of 'buyer beware'?," Real Estate News EXchange, December 2023
  • Author, "Are written agreements and signatures required to make deals enforceable? Not always,” Real Estate News EXchange, November 2023
  • Author, "Unraveling the Debate on Free Speech: An Analysis of the Ruling Against Dr. Jordan Peterson," Dickinson Wright Cross-Border & Canadian Business blog, August 2023 
  • Featured, "Recent Rulings for Landlords and Tenants," Dickinson Wright Minutes on the Matter, June 2023
  • Moderator, “Emerging trends & opportunities in retail and mixed-use developments and redevelopments,” Land & Development Conference, May 2023
  • Featured, “Do Lawyers Kill Deals?,” The Industrial Real Estate Show Podcast, May 2023
  • Author, "Attention Commercial Landlords! Tenants Affected by Shutdowns Might Have the Right to Rent-Free Extension Terms,” Dickinson Wright All Things Canada Blog, May 2023
  • Author, " Lawyers and Business Owners Beware! New Decision Threatens to Make Asset Protection More Difficult," Dickinson Wright All Things Canada Blog, May 2023
  • Author, " A Payment Plan Does Not Equal a New Contract,” Dickinson Wright All Things Canada Blog, April 2023
  • Featured, “Entire Agreement Clauses,” Real World of Real Estate Podcast, April 2023
  • Author, "Canada Amends Prohibition on Foreigners Acquiring Residential Real Estate to Protect Investment and Development Deals,” Dickinson Wright All Things Canada Blog, April 2023
  • Author, "Two New Decisions Shed Light on When Claims Can (and Cannot) Be Commenced,” All Things Canada Blog, February 2023
  • Author, "Entire Agreement Clauses Do Not Preclude Claims for Pre-Contractual Negligent Misrepresentations,” Dickinson Wright All Things Canada Blog, January 2023
  • Author, "Supreme Court Limits Government’s Ability to “Constructively Take” Land," Dickinson Wright All Things Canada Blog, December 2022
  • Author, "Arbitrations Can Be Determined by Summary Judgment”, Dickinson Wright All Things Canada Blog, November 2022 
  • Author, "Relief for commercial tenants in the age of COVID-19: Courts once again side with landlords," Real Estate News EXchange, October 2022 
  • Author, "The Limits on Relief from Forfeiture of a Commercial Lease: Ontario’s Highest Court Again Sides With Landlords When Tenancies are Disrupted by Covid-19," Dickinson Wright All Things Canada Blog, October 2022 
  • Author, "The Dire Consequences of Failing to Immediately Disclose a Settlement Agreement,” Dickinson Wright All Things Canada Blog, October 2022
  • Vendor terminates purchase agreement, must pay $11M in lost profits, Real Estate News EXchange (RENX.ca), May 2022
  • A Step-By-Step Guide to Legal Mentorship, Precedent Magazine, May 2022
  • Why we should not take solicitor-client privilege for granted, Canadian Lawyer Magazine, April 2021
  • The Realities and Finality of the Arbitration Process, Advocates Journal, Fall 2019
  • Speaker, “Justice in Pieces,” Resources for Paralegal and Law Students – March 2020 and March 2021
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