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How Do You Prove Breach of Contract in Ontario?

Businesses routinely sign contracts with individuals and companies to put the agreement down on paper. A contract is a legal document that spells out the terms and conditions of the relationship between two or more parties. While most parties do their best to hold up their end of the bargain, some end up breaching the contract.


When another party violates the agreed-upon terms and conditions, the wronged (non-breaching) party can seek legal remedies by filing a lawsuit against the breaching party. However, you need to understand how to prove a breach of contract in Ontario prior to suing a breaching party.


What Is a Breach of Contract in Ontario?

A breach of contract occurs when one party that entered into the agreement fails to fulfill its obligations under the contract. The wronged party is entitled to relief – also known as damages – under the law if they can prove specific elements when making a breach of contract claim.

The law in Ontario recognizes four different types of contract breaches:

  1. Actual breach. This type of breach occurs when a party fails to comply with the terms or conditions of the written contract.

  2. Anticipatory breach. A party can be held liable for an anticipatory breach when it is aware of its inability to fulfill its obligations, even though the actual breach has not occurred yet.

  3. Minor breach. If the party fails to fulfill some part of its obligation but meets the essential obligations of the contract, the breach is considered “minor.”

  4. Material breach. A party is liable for a material breach when the wronged party receives a significantly different result than was agreed upon in the contract.

Consider speaking with a civil litigation lawyer if you believe that a breach of contract occurred, and you want to explore your legal remedies.


Proving a Breach of Contract

While every case is different, the wronged party must typically prove the following elements when suing the other party for a breach of contract:

  1. The existence of a valid and enforceable contract

  2. The other party breached the contract

  3. The wronged party sustained actual damages and/or negative consequences because of the breach

The above-mentioned elements must be proven by demonstrating clear and convincing evidence.


Why Do You Need a Civil Litigation Lawyer on Your Side?

An experienced civil litigation lawyer can review your particular situation and explain your legal options, whether you are the breaching or wronged party. A lawyer on your side will gather the necessary evidence and help you prove the elements of your breach of contract claim.

Depending on the type of breach, a lawyer may also help you resolve the dispute out of court through arbitration or mediation. If an out-of-court resolution is not possible, your lawyer should be prepared to litigate your breach of contract case and fight for the compensation to which you are entitled.


Speak with a Civil Litigation Lawyer at Baker Doodnauth

The knowledgeable and reliable civil litigation lawyer at Baker Doodnauth has a proven track record of success in resolving breach of contract disputes in Newmarket, Ontario, and the York Region.


Our Newmarket-based law firm represents clients filing breach of contract lawsuits and defending against breach of contract claims. We provide clients with the guidance they need to achieve the desired outcome in their civil litigation case. Contact us today for more information on how we can help resolve your dispute.





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