Skip to content
Foundation for the Future
Menu
  • Home
  • Business
  • Family
  • Finance
  • Health
  • Legal
  • Society
  • Technology
  • Contact Us
Menu

Commercial Litigation Law in Canada

Posted on March 15, 2018October 22, 2018 by Foundation for the Future

Commercial litigation law involves the rules and practices used in solving any disagreement in the business sector. Some of the cases settled in commercial litigation law include breach of contracts, shareholders issues, business torts, breach of the fiduciary duties, infringement of patents, class actions, and partnerships, and joint venture cases. The cases of business litigations are on the increase for the last one-decade following the growth in the business industry in Canada. Therefore, companies should consider hiring a litigation lawyer to provide the legal counsel in business. Hiring a permanent lawyer also helps in avoiding the huge costs that come with getting an occasional one.

Role of a Commercial Litigation Attorney

A commercial litigation lawyer is different from a transactional lawyer. A litigation lawyer presents the clients in a court of law and maximizes on their chances of getting a favorable decision from the court. The transactional lawyer, on the other hand, advises the clients on their duties and obligations while dealing with anyone in business. Therefore, it is ideal to get clarification on the area of practice of the lawyer you intend to hire. The commercial litigation lawyer also guides their client on the best approach to solving disputes.

Solving Disagreements

When a commercial litigation dispute arises, the client visits the solicitor to evaluate the claim who then advises on the next legal action possible. If the case qualifies as a common legal dispute, the parties involved will solve the matter out of the court. If they do not get to an agreement, one of the parties, or both of them retain a lawyer. The attorney serves the demand letter to the other party after thorough investigations. The letter consists of what the party should avoid any legal action. Most of the litigants opt to settle the case at this stage before it moves to the next level.

Filing a Lawsuit

If the parties fail to agree during their negotiations, then one of the parties involved should file a lawsuit. Commercial litigation is quite complicated and tedious therefore getting a litigation lawyer may be necessary in these cases. After filing the lawsuit, the commercial litigation lawyers representing the two parties exchange the documents and information through a process known as “discovery”. Discovery also involves formal interviewing of witnesses.

After the discovery, the defendant files a motion arguing that the plaintiff contentions are correct, but the law doesn’t recognize the defendant actions or inactions, therefore, he /she is not responsible. If the defendant loses, the case proceeds to trial where the judge or jury hears the merits of the case. This stage involves witnesses’ testimonies and production of exhibits by the attorneys. The court proceeding may proceed for several weeks before the jury gives the final decision. The Elliot S. Birnboim website has more online resources and references available.

Share on Facebook Share
Share on TwitterTweet
Share on Google Plus Share
Share on Pinterest Share
Share on LinkedIn Share
Share on Digg Share

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Foundation for the Future

Foundation for the Future is a social activism blog, exploring a range of topics that set the foundation of our society. From topics about social justice to in-depth business tutorials, we want to create content that will enrich and empower the lives of our readers.

Featured Charities

Every month, we use this space to highlight a series of worthwhile charities, nonprofit organizations, and humanitarian causes. Please note that we are not affiliated with these organizations in any capacity. We simply want to raise awareness for a good cause.

Doctors Without Borders

International Rescue Committee

Unicef

World Vision International

Recent Posts

  • Five Essential Tips for University Students

  • 7 Top Industries of the Future with the Most Growth

  • 12 Steps to Get Out of Debt and Be Financially Disciplined

  • 4 Elements of a Personal Injury Case

  • How to Sue for Medical Malpractice in Canada

  • What You Can Do About Animal Attacks

  • What You Need to Know About Personal Injury Law

  • Determining Fault in a Car Accident

©2021 Foundation for the Future