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  • Charles Baker

What Is Commercial Litigation?

Whether you want it or not, commercial disputes are an inevitable part of doing business. While most disputes are resolved amicably without court intervention, some may lead to commercial litigation. Understandably, most companies want to avoid going to court, but sometimes, litigation is the only option for parties whose commercial disputes cannot be resolved through other means.

If you are dealing with a commercial dispute and are considering going to court to resolve the dispute, you might want to discuss your case with a commercial litigation lawyer. A skilled lawyer will review your unique case, explain your options, and guide you through the court system if you choose to litigate your dispute.

What Is Commercial Litigation in Ontario?

Commercial litigation is a lawsuit between two or more businesses or companies seeking to enforce or defend their legal rights in the courtroom. The purpose of filing a lawsuit is to allow the parties to resolve the dispute and award monetary damages to the plaintiff (the party who filed the lawsuit).

Not all commercial disputes end up in the courtroom. In fact, most businesses prefer to resolve their disputes in pre-lawsuit negotiations or mediation. However, commercial litigation may be inevitable when the parties are unable to resolve the dispute amicably.

The vast majority of commercial lawsuits involve small businesses. That is not surprising considering that small businesses account for nearly 98% of all employer businesses in Canada, according to the official website of the Government of Canada.

Common Examples of Commercial Litigation

There are many types of disputes that may involve businesses or companies. Some of the most common examples of commercial litigation are:

  • Breach of contract. These lawsuits arise when one party fails to fulfill its contractual obligations under a legally binding contract.

  • Consumer class-action. Consumers may file a class-action lawsuit against a business that harmed them instead of filing multiple lawsuits separately.

  • Partnership disputes. A dispute between business partners may lead to commercial litigation.

  • Shareholder disputes. When shareholders cannot reach an agreement about how the company should be managed or other aspects of doing business, they may resolve the dispute in a court of law.

  • Consumer fraud. Consumers may file a lawsuit against a business that makes false or deceptive claims or otherwise harms consumers with its fraudulent practices.

  • Intellectual property litigation. These lawsuits involve disputes regarding trademark, copyright, or patent infringement.

  • Securities litigation. These lawsuits involve disputes between issuers of securities and investors.

Why You Need a Commercial Litigation Lawyer

If you are considering taking your commercial dispute to court, you might need to consult with a commercial litigation lawyer to explore your legal options. Filing a lawsuit on your own is a risky endeavour because the assets, interests, and reputation of your company may be at stake.

A commercial litigation lawyer will analyze your unique situation and develop a strategy for obtaining the best possible outcome in your lawsuit. A lawyer could even help you resolve your commercial dispute out of court before a lawsuit is filed.

How Baker Doodnauth Can Help

A team of experienced commercial litigation lawyers at Baker Doodnauth represent companies and businesses of all sizes in various litigation matters. We help businesses in Newmarket and across the York Region resolve their commercial disputes in the most efficient manner possible.

Our lawyers have litigated numerous commercial disputes, including those related to breach of contract, consumer fraud, securities, intellectual property, as well as shareholder and partnership disputes, among others.

Schedule a case evaluation with a commercial litigation lawyer at Baker Doodnauth to discuss your particular case. Call 905.895.8184 today.

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