What Is Commercial Litigation? Leading Corporate Litigation Lawyer Answers
Corporate Litigation Lawyer Answers Your Questions on Commercial Litigation
Every year thousands of corporate litigation cases are commenced in Canada. Corporate litigation cases can be complex, involving business entities that can be opaque and require a nuanced legal approach. To that effect, our experienced corporate litigation lawyer is here to answer all your corporate litigation questions, starting with the fundamental question: what is commercial litigation?
*Note: throughout this article we will refer to the ‘commercial dispute lawyer’ as:
- Commercial dispute lawyer
- Business litigation lawyer
- Business dispute lawyer
- Commercial litigation lawyer
The terms above are more or less interchangeable for our purposes as we’re covering corporate litigation broadly, which includes business disputes and litigation. ‘Commercial’, ‘business’, and ‘corporate’ in this instance are simply the different colloquial usages of the term.
An Experienced Corporate Litigation Lawyer Answers – What Is Commercial Litigation?
What is corporate litigation exactly?
Essentially, it is a legal dispute between two parties where one or both of the parties are a business entity (partnership, corporation, joint venture, etc.).
These are civil litigation cases; they involve no criminal charges.
What Does a Commercial Litigation Lawyer Do?
While business entities do share some similarities to individual people in the eyes of the law, there are of course key differences. To conduct business litigation effectively and advocate on behalf of your interests, therefore, your commercial dispute lawyer must be aware of these differences.
Understanding the particularities of corporate and commercial litigation and the wide variety of potential complexities is absolutely necessary to achieving the best result possible in your business dispute.
Your corporate litigation lawyer will be able to guide you through the litigation process, ensuring that no detail is overlooked and that every possible avenue for resolution is explored.
A commercial litigation law firm practice area can handle wide ranging legal issues, including:
- Real estate disputes
- Alternative dispute resolution process representation
- Partnership and shareholder disputes
- Breach of contract
- Failed transactions (business deals that don’t close)
- Insurance disputes
- Debtor/Creditor rights
- Business torts
- Breach of fiduciary duty
- Commercial real estate litigation
- Misrepresentation
- Banking litigation
- Intellectual property protection
- Franchise disputes
- Director and Officer liability claims
- Partnership and Shareholder Disputes
- Commercial lease Disputes
- Oppression remedy applications
- E-commerce litigation
- Appeals, including judicial review of regulatory agency decision
Do I Need a Commercial Dispute Lawyer?
Your commercial litigation Toronto lawyer will specialize in case preparation and assiduously represent your interests. Settlement negotiation should be a specialty of your business dispute lawyer so you can settle the legal matter early and without bearing undue costs, if early resolution is possible.
If the matter does proceed to a trial and appeal, you need a commercial litigation lawyer who has the skill and expertise to advance your case using the best available evidence and theory.
Retaining the help of a corporate litigation lawyer early is critical to achieving the best result possible in your case as this allows them to begin preparing your argument at the earliest juncture to ensure that nothing is overlooked.
Practice Areas Where a Business Dispute Lawyer Can Assist
• Breach of Contract: If an individual or a company fails to meet the conditions and obligations outlined in a legally binding contract with another party, and this causes financial damage, then a civil proceeding could follow. Virtually any type of legal contract can be litigated or arbitrated, depending on the terms of the contract.
• Corporate and Commercial Litigation: An individual or business entity may bring a suit against a business, corporation or individual, or the other way around. Litigation can be commenced by shareholders, creditors, special-interest parties, counter-parties, other business partners, or key stakeholders. A commercial litigation lawyer can represent any party in the event of a civil proceeding.
• Land Development Disputes: The development of land (for example, condominiums), often involve joint ventures between numerous partners and lenders. These often involve numerous types of business entities such as corporations, general partnerships, and limited partnerships. A commercial litigation lawyer can help you navigate through these complex situations.
• Construction Projects: Construction projects attract a lot of litigation given the sheer size of projects and the significant sums involved. These matters often relate to claims for breach of contract but also breach of trust, breach of fiduciary duty and sometimes fraud and misappropriation of funds. A business dispute lawyer with familiarity with construction matters can be of great assistance.
• Mediation and Arbitration: Business dispute lawyers can assist with alternative dispute resolution mechanisms including mediation and arbitration. These processes have benefits beyond the traditional court system. Mediation in particular can be an effective way of resolving disputes if both parties have an interest in early resolution and avoiding lengthy court battles. Arbitration is often a quicker litigation process that can be accomplished in much shorter timelines, again where both parties wish to avoid traditional court and are willing to work together to craft an arbitration procedure suitable to all parties.
Work with Leading Business Litigation Lawyer
Business disputes involve specific areas of the law that require an in-depth understanding, experience, and dedication to clients to navigate effectively. You need an experienced business litigation lawyer at your side.
At Unified LLP, we are ready to represent your interests using every available legal tool. We will always tailor our approach to be as caring and understanding as possible, working diligently to ensure that your interests are best represented.
At Unified LLP, our commitment to serving clients with determination and professionalism at every turn is our calling card. As your business dispute lawyer, we will manage your entire legal process from the first resolution meeting to settlement or court if necessary.
Please get in touch with us to explain your pending or existing dispute so we will be better able to assess your needs – and determine how our experienced team can help. Get in touch with us today to begin solving your commercial dispute.
Please contact Michael Paiva, Partner and Head of Unified LLP’s commercial litigation team: 416.800.1733 / 519.729.5038
