Commercial Litigation

Commercial Litigation is the legal process employed for settling conflicts between companies and other commercial parties in Canada.

Formal judicial processes must be adopted to make and support claims regarding contracts, commercial transactions, property conflicts, labour disputes and other commercial matters.

Key information about Commercial litigation in Canada is as follows.

1) Type of Disputes: This category covers disputes between parties such as franchisors and franchisees, buyers and sellers of commercial real estate or businesses landlords and renters under commercial leases and other business-related matters.

2) Legal Process: Usually an internal review and analysis of facts and documents will come first followed by the process of litigation. This is then followed by filing pleadings (statement of defence and claim), pre-trial conferences, discovery (turning over of documents and depositions), and in some instances, a trial in which the judge will give a decision. An appeal may be filed by a party who is dissatisfied with the outcome.

3) Jurisdiction: Depending on the size and complexity of the case, commercial disputes may be heard in the Small Claims Court for smaller cases or in higher courts such as the Supreme Court of British Columbia for more complicated ones.

4) Legal Framework: Commercial transactions in Canada are governed by several enactments, including the Canada Business Corporations Act, Sale of Goods Act, Competition Act, and Bankruptcy and Insolvency Act, etc.

5) Experts Lawyers: The commercial cases are handled by specialist corporate and commercial lawyers who oversee the complex procedure on behalf of the clients and argue their case, employing skilled witnesses to help prove technical aspects of the case.

6) Contrast with Civil Litigation: whereas civil litigation often entails differences among individuals (for example, family law, personal injury), commercial litigation uniquely refers to differences of a business nature and is dealt with by lawyers specializing in commercial law.

In general, Canadian commercial litigation refers to the formal legal procedure that businesses use to resolve disagreements over contracts, business relationships and transactions through the courts. Because business law is complex, this process typically requires specialized legal knowledge.