Common Types of Civil Litigation Cases for Canadian Businesses
- Written by Business Daily Media
When most people hear the term “civil litigation,” they think of disputes between neighbors, friends, and maybe even family members. They don’t really think about business disputes, but this branch of law covers numerous types of issues that Canadian companies deal with on a regular basis. Here are just a few common types of civil litigation cases that businesses might need a lawyer to help resolve.
Contract Disputes
Contracts are meant to detail the responsibilities of each party when they enter into a transaction of any kind that involves goods, services, or compensation. However, they are also designed to hold a party accountable when they don’t meet their obligations that are set forth in the contract. While millions of contracts are made every year that don’t end up in dispute, many do, especially in business where lots of money is involved.
There are four kinds of contract breaches, which are material breach (when a party fails to fulfill their responsibilities), partial breach (when a party is unable to complete a portion of their obligations), anticipatory breach (when it’s clear that one party will not perform their obligations by a specified date), and fundamental breach (when the contract cannot be carried out because of one party’s failure to fulfill their obligations and the other party achieves no benefit).
Commercial Property Disputes
Commercial property disputes arise when there is a breach of lease agreements, purchase agreements, or damage to a leased or under-contract property. These disputes typically occur between the seller and buyer of a commercial property, a commercial property owner and a contractor or subcontractor, or landlord and tenant of a commercial property. In most cases, commercial property disputes are basically real estate contract disputes.
Debt Collection
One of the more unpleasant aspects of owning a business is collecting debts. No one likes to do it, which is why civil litigation lawyers are often hired to take care of this less-than-desirable task. From sending a demand for payment letter to suing the debtor in court, a lawyer can handle all components of a debt-related legal case. It’s also important to know that in some provinces, there are specific acts that must be followed in any debt collection situation. A lawyer will ensure you comply with the law when collecting your debts.
Construction Liens
Liens are another type of real estate dispute that can hinder the sale or purchase of commercial property. When an owner of a property fails to pay a contractor or subcontractor for work completed on the property, the contractor or subcontractor can place a construction lien on the property that must be satisfied before the owner can sell or refinance it. Whether your business is the contractor or subcontractor, or you own the property that has the lien, a lawyer can assist you with the legal aspects of the situation.
Conclusion
These are just four of the many types of civil litigation cases that lawyers handle for Canadian businesses every day. Defamation, employment violations, real estate transactions, and more are some of the others. No matter what your litigation needs are, there’s a lawyer who specializes in those needs who can make your business run a little smoother.
