Commercial disputes we handle
- Contract and transaction disputes
When a business agreement breaks down, the parties may disagree about what they promised, whether either side breached the agreement or what loss followed. The written terms are important, but the negotiations and the way the parties performed their obligations may matter too.
We act in disputes involving commercial contracts, purchase and sale agreements, service arrangements, loans, guarantees and other transactions. Depending on the case, a party may seek payment, damages, performance of an obligation or another remedy.
- Shareholder, partnership and director disputes
A disagreement between owners can quickly become a question about who controls the business, who has access to its records and what happens next. One owner may allege exclusion from management. Another may be concerned about distributions, company funds or a lost business opportunity.
The available options depend on the business structure, its governing documents and the conduct in dispute. A case may involve an oppression claim, a derivative action, a proposed buyout or other relief. We represent shareholders, directors, partners and corporations in these matters.
- Fraud, misrepresentation and dishonest conduct
A business may enter a transaction relying on information that later proves false or incomplete. The case may turn on exactly what was said, who said it, what they knew and whether the other party relied on it to its detriment.
We act for clients bringing and defending claims involving deceit and fraudulent or negligent misrepresentation. Allegations of dishonesty are serious. They need to be examined against the documents and other available evidence, not assumed from a transaction that went badly.
- Interference with contracts and business relations
Some commercial disputes involve conduct by a person who was not a party to the contract at the centre of the problem. Depending on the facts, the issues may include inducing a breach of contract, unlawful interference with economic relations, breach of fiduciary duty or civil conspiracy.
Each claim has its own requirements. We examine the relationships between the parties, the conduct alleged and the resulting loss before advising which claim or defence the evidence may support.
- Unpaid debts, guarantees and creditor claims
An unpaid invoice or loan can create an immediate cash-flow problem. But suing for payment is not always the first or only decision. A creditor may need to consider a guarantee, security or the likelihood of collecting a judgment. A debtor may dispute the amount claimed, the terms of payment or whether it owes the debt at all.
We represent creditors and businesses defending debt claims. Our advice starts with the records, the possible defences and the practical value of the steps available.
- Commercial lease disputes
Rent arrears, repair obligations, permitted use, alleged defaults and termination can all lead to disputes between commercial landlords and tenants. The lease terms and the parties’ conduct will usually be central to the response.
We advise both landlords and tenants, including where a court proceeding or urgent relief may be required.
- Injunctions and urgent commercial relief
A business may not be able to wait for trial if property is about to be transferred, confidential information is at risk or ongoing conduct could cause serious harm.
Urgency alone does not secure a court order. The order sought must have a proper legal and evidentiary basis, and the court will consider its effect on both sides. We represent clients seeking urgent relief and clients responding to those requests.
Choosing how to proceed
The first question is not always, “Should we sue?” It is, “What needs to change, and which step is most likely to achieve that?”
We begin with the agreements, emails, accounting records and other available evidence. We consider the possible claims and defences, any deadlines and the relief that may be available. We also ask questions a court judgment will not answer on its own: Does the other party have assets? Can the business relationship continue? What would delay or litigation expense mean for the company?
A demand may lead to payment or a negotiated solution. Even if it does not, the response can reveal what the other side actually disputes. If proceedings are needed, the case should be built around a specific objective and the evidence that supports it.
That assessment can change as the matter develops. Documents produced later may alter the picture. So may a witness’s answers at discovery. We discuss those developments with clients and revisit whether to continue, settle or make a counterproposal.
Taking a commercial case to court
If court proceedings are required, the claim or defence must identify the material facts and the relief sought. In an action, the parties generally exchange relevant documents and may conduct examinations for discovery. A motion may be needed to address an issue before trial or seek temporary protection. If the case does not settle, a judge decides it on the evidence and legal arguments.
Some commercial disputes proceed by application rather than action. The appropriate process depends on the nature of the dispute and the relief sought.
What happens before trial matters. The way the case is framed, the records preserved and the decisions made as evidence emerges can all affect the result.
Working with Englobe Law LLP
Commercial disputes often overlap with other parts of our litigation practice, including real estate, construction and insolvency. A case may involve a property, a project, creditor rights or a business under financial pressure.
We do not assume every dispute should be fought to judgment. We assess the strengths and weaknesses of the position, explain the serious options and discuss what each could cost. Where settlement can protect a client’s interests, we pursue it. Where it cannot, we prepare the case for court.
Throughout, we keep the commercial objective in view. Winning a legal argument is useful only if the result addresses the problem that brought you to us.
Frequently Asked Questions
What is commercial litigation?
Commercial litigation concerns disputes arising from business relationships and transactions. These may involve contracts, shareholders, partnerships, debts, guarantees, alleged fraud, commercial leases or business interests. A dispute may settle privately or require a court decision.
Can a business dispute be resolved without going to court?
Yes. A demand, negotiation or mediation may lead to a resolution without a trial. Whether that approach makes sense depends on the evidence, the urgency of the problem, the terms available and what a court could realistically order.
When should I speak with a commercial litigation lawyer?
Seek advice when a dispute could affect your business’s money, control, property, contracts or ability to operate. Prompt advice is particularly important if you have received a claim, face a deadline or believe assets or confidential information are at risk.
How long does commercial litigation take in Ontario?
There is no fixed timeline. Some matters settle before proceedings begin. Others require document production, discoveries, motions and a trial. The complexity of the issues, number of parties, available evidence and court scheduling all affect how long a case takes.
How much does commercial litigation cost?
Cost depends on the dispute and the work required. The number of parties, volume of documents, contested motions and need for a trial can all make a difference. After reviewing the matter, we can discuss the likely steps and fees and whether a proposed step is worth its cost.
Can I sue a business partner or shareholder?
Possibly. The answer depends on the business’s governing documents, the parties’ relationship, the conduct in question and the outcome you seek. The right approach may involve contractual rights, shareholder remedies, fiduciary duties or another claim. It is important to identify the appropriate route before starting proceedings.
What if the other party is moving or hiding assets?
Get legal advice promptly. Depending on the circumstances and the evidence, an urgent court order may be available to preserve assets or prevent a transfer. These orders require a proper legal and factual basis.
If I win, will the other side pay my legal fees?
Not necessarily. A court may award costs, but winning does not mean recovering every dollar spent on legal fees. The result, any settlement offers and other circumstances may affect the amount awarded.
Disclaimer: This page provides general legal information only and does not constitute legal advice.