Real Property Law



Peter A. Simm has extensive experience litigating and writing about issues of real property law. His cases in this field are reported in 13 hardcover law-report volumes, and he was co-counsel in 6 of those. In all the cases, he researched and drafted the law portion of the Factum.

Simm’s cases are cited in 35 different textbooks on real property law, including 3 leading UK texts (which rarely cite Canadian jurisprudence). As well, his cases are cited in 29 accredited CPD papers, 12 papers in law journals, and two Law Reform Commission reports (in Manitoba and the Australian State of Victoria).

Most notably, Simm served as co-counsel in the Ontario Court of Appeal for the successful Respondents on Appeal in Amberwood  (2002). Canadian law schools from coast to coast teach this decision in mandatory Property Law courses, and it was extensively discussed in two LSUC Special Lectures. The Supreme Court of Canada confirmed in 2016 that this remains the leading Canadian case on positive covenants. Amberwood  was the subject of a feature article in the Law Times, and has been cited in 35 judicial decisions, including 10 appellate rulings made as recently as 2019.

Simm authored two textbook chapters on a complex area of real property law, namely leasehold covenants that run with the land. He also wrote a case comment published in the Real Property Reports.

Six accredited CPD papers recommend Simm’s publications, as does Mossman & Girard’s textbook, Property Law: Cases & Commentary  (3rd ed.). Simm’s publications are also cited in two other leading property-law textbooks and a law journal article.