Commercial Litigation involves the representation of businesses, organizations, and individuals in disputes arising from business-related matters. These disputes may arise from breaches of contracts, disputes with suppliers or customers, shareholder and partnership disputes, business torts, competition and antitrust issues, and many other areas.
Our Commercial Litigation team is equipped with the experience and expertise necessary to handle complex and high-value disputes, including those involving multiple parties and multiple areas of law. We work closely with our clients to understand their business and the issues they are facing, and develop a strategy that best suits their needs.
We understand that litigation can be a costly and time-consuming process, and we work to minimize disruption to our clients’ businesses while achieving the best possible outcome. This includes exploring alternative dispute resolution methods such as mediation and arbitration, where appropriate. However, when litigation is necessary, we undauntedly advocate for our clients at all levels of court.
Our team is well-versed in all aspects of commercial litigation, including trial preparation, strategy development, negotiation, and courtroom advocacy. We work closely with our clients to assess their legal options and develop customized strategies for their unique situations. Additionally, we have extensive experience in the pre-trial and trial processes and work with expert witnesses and consultants to support our clients’ cases.
Our goal is to provide effective and efficient representation to our clients, while remaining dedicated to achieving their desired outcomes in a cost-effective and timely manner.
Core Practice Areas
A contract is a legally recognized agreement between two or more persons, giving rise to obligations that may be enforced in the courts. Disputes can often arise about a contract’s enforceability; if a contract is binding, disputes can arise for a breach of contract where there’s a wrongful nonperformance of a contractual duty that results in the entitlement of the innocent party to maintain an action for damages.
Officer & Director Liability Claims
Directors of a corporation are responsible for managing and supervising the management of the business and affairs of the corporation. Officers are corporate personnel appointed by the directors and charged with the duty of managing the day-to-day affairs of the corporation. Officers and directors have different duties and standards of care and liability claims against officers and directors are context-specific.
Corporate and Partnership Disputes
Corporate and partnership disputes tend to flow from governance issues. A entity’s governance involves a set of relationships between that entity’s management, its board, its shareholders and other stakeholders. Disputes can occur when actors involved in that entity’s governance, whether human agents, proxies or other operatives, breach a duty or fall below a set standard of care.
Shareholder Rights and Remedies
A shareholder is a holder or proprietor of one or more shares of stock of a corporation. A shareholder generally has various rights: the right to vote and to participate in the distribution of the profits and assets of the corporation, pre-emptive rights, and other rights that may flow from a shareholder agreement. At law, a shareholder is entitled to various remedies including the oppression remedy, derivative actions, investigations, equitable winding-up, orders for compliance, and remedies under securities laws.
Breach of Trust
Breach of trust occurs when a trustee, who has been entrusted with the responsibility to manage and safeguard assets, fails to perform their duties in a manner consistent with their fiduciary obligations. This can result in significant financial harm to the trust and its beneficiaries. Our commercial litigation team can handle breach of trust claims, and can provide representation to trustees, beneficiaries, and other interested parties in these complex and high-stakes matters.
Consumer protection claims involve allegations of fraudulent, deceptive, or unfair business practices, and can arise from a variety of contexts, including consumer products, services, and financial products. Our commercial litigation team has experience in handling consumer protection claims, and can provide representation to both plaintiffs and defendants in these complex and highly technical matters.
Bankruptcy and Creditors' Rights
Our legal team can provide representation in bankruptcy proceedings and disputes related to creditors’ rights, including issues such as preference and fraudulent conveyance actions, objections to discharge, and plan confirmation disputes. We work closely with clients to protect their interests in bankruptcy proceedings and ensure they receive the maximum recovery possible.
Insurance disputes can arise in a variety of contexts, including disputes over policy interpretation, coverage, exclusions, and the payment of claims. These disputes can involve insurance companies, policyholders, and other parties such as beneficiaries, assignees, or third-party claimants.
Our team of commercial litigation lawyers is experienced in representing clients on both sides of insurance disputes, and can provide strategic advice and representation throughout the dispute resolution process, including pre-litigation negotiation, mediation, arbitration, and court proceedings. We can assist with reviewing and interpreting insurance policies, evaluating coverage and liability issues, and preparing and presenting evidence to support our clients’ positions. Our goal is to help clients achieve a favourable resolution to their insurance dispute in a timely and cost-effective manner, while minimizing disruption to their business operations.
Our legal team can provide representation in disputes that arise in an international context, including disputes related to cross-border transactions, international trade, and other international commercial issues. We have experience working with clients and counsel in other jurisdictions to navigate the complex legal and cultural issues involved in international disputes.