Commercial Litigation Lawyers in Calgary

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About Our Commercial Litigation Law Firm

Navigator Law works with our clients to find practical and economical solutions to commercial disputes. We can also assist clients through various alternative dispute resolution methods such as mediation and arbitration in order to effectively resolve a wide range of legal disputes.

We have extensive knowledge and experience helping businesses throughout Calgary and Alberta resolve business disputes and achieve the best results possible.

What is Corporate Commercial Litigation?

Corporate commercial litigation or business litigation includes all the different types of disputes that can occur in a business context. Commercial litigation lawyers deal with a broad range of legal matters, including banking litigation, securities litigation, shareholder disputes, and real estate disputes.

What are Commercial Disputes?

A commercial dispute can arise from an almost endless number of circumstances. The commonality for all commercial disputes is that they’re bad for business. From service companies to manufacturers, disputes create legal and financial uncertainty. The best course of action is often to resolve the dispute as quickly and effectively as possible.

In commercial litigation, there are many different types of disputes. The following are a few examples:

Contract Disputes

Contracts are a common source of commercial disputes. There are many different types of commercial contracts, such as lease agreements, service agreements, joint venture agreements, or non-competition agreements.

If the contract has not been fulfilled appropriately, a party is in breach of contract, or you need help enforcing a contract, a business litigation lawyer can help you find a solution.

As a preventative measure, it is also beneficial to have a lawyer draft or review a contract before you sign.

Shareholder and Partnership Disputes

Even the best business partnerships can end in conflict, which could threaten the success of a business. From asset sale disputes and breach of a partnership agreement to ownership rights disputes, a lawyer can help mitigate the financial and legal risk of a partner or shareholder during a dispute.

Tax Disputes

If your firm is in disagreement with Canada Revenue Services, a lawyer can help fight assessments up to and including in the Tax Court of Canada.

Construction Disputes

Construction disputes typically arise due to an actual or perceived violation of a construction contract. These disputes may be caused by failure to administer a contract, a misunderstanding of contract conditions or contract delays.

Just like any other contract dispute, a lawyer can help you resolve the dispute, draft or review a contract before you sign it.

Our Commercial and Corporate Litigation Services

In general, it is more cost-effective and faster to resolve disputes outside of court. That’s why our lawyers will often recommend exploring mediation or arbitration before going to trial for corporate commercial litigation. However, depending on the nature of the specific dispute, effective litigation is sometimes the best option.

No matter the nature of the dispute, our legal team is committed to finding a solution to the dispute as effectively as possible while protecting your interests.

Our experienced and knowledgeable lawyers can draw from our law firm’s broad insights in other practice areas such as business law, tax law, and real estate law. That way, we can help you find the best solution available and prevent legal issues and disputes in the future.

Litigation

Corporate and commercial litigation is usually a civil action that can be heard by all levels of courts in the Canadian legal system: provincial court, the Court of Queen’s Bench, the Court of Appeal, the Federal Court, the Tax Court, and even the Supreme Court of Canada.

During every stage in the trial process, a business litigation lawyer can help – regardless of whether you are the plaintiff or the defendant in a civil suit.

Litigation can be a time-consuming and challenging process. Our litigators can help you prepare for a trial, fight for your interests in court, or represent you in court for complex and technical claims.

Alternative Dispute Resolution

A settlement is any type of dispute resolution that takes place outside of court. Alternative dispute resolution such as mediation or arbitration can be used to find a resolution to the business dispute that meets the needs of all parties involved.

If a business dispute should arise, Navigator Law’s legal team can help you traverse and represent you in the alternative dispute resolution processes to help you resolve the dispute as quickly and effectively as possible.

There are many benefits of alternative dispute resolution. The process is often faster than a trial, less expensive, and there is more flexibility and control of the process. Finally, the process can be private and confidential.

We can help you navigate the mediation or arbitration process, and ensure that you get a fair and reasonable outcome.

Prevention

Rather than dealing with expensive and exhausting lawsuits, consulting with our lawyers can help you prevent legal conflicts in the future. Our business lawyers can help advise you when setting up your company, drafting and negotiating contracts, and entering into business agreements.

We can work closely with your firm to make sure contracts are properly drafted and that your business is structured correctly. That way, you have peace of mind that you and your interests are protected against future legal issues.

How Commercial Litigators Can Help

An experienced commercial litigation lawyer can help provide you with a legal strategy that protects your interests in a business dispute. Whether you’re faced with a dispute or want to take steps to reduce your risk, it’s a good idea to contact an experienced lawyer to help you through the process, saving you time, money, and stress.

Contact a Commercial Litigator Today

At Navigator Law LLP, we can help you strategically resolve any type of business dispute. Our lawyers are well versed in a full range of legal strategies to help you get the best result possible inside or outside the courtroom. Contact our office to make an appointment.

FREQUENTLY ASKED QUESTIONS

There are many different types of cases that fall under commercial litigation. Some examples include:

  • Contract disputes
  • Shareholder and partnership disputes
  • Tax disputes
  • Construction disputes
  • Employment disputes
  • Class actions
  • Antitrust and competition disputes

Commercial litigation and business litigation are often used interchangeably.

Civil litigation involves a dispute between two or more individuals and can be related to a wide range of issues such as employment law, contract disputes, or various torts. Whereas commercial litigation involves a dispute that centres around aspects of parties’ businesses, such as breach of commercial contracts or non-compete clauses, partnership disputes, or payment for goods and services.

A civil action or suit has three phases:

  1. Pleading. The plaintiff (the person suing) files a pleading with the court. The pleading includes the complaint against the defendant (the person being sued) and the remedy sought by the plaintiff. The defendant is then notified about the lawsuit.
  2. Discovery. Each party in the suit is allowed to examine each other’s evidence.
  3. Trial. In a civil trial, it is up to the plaintiff to present evidence and arguments that the defendant is legally responsible for any damages of the civil wrong.
It depends on the wording of the Arbitration Agreement but it is typical for these decisions to be binding and then they cannot be appealed. However, the decision can be subject to judicial review if there has been an error of facts or how the law has been applied.

A claim for an oppression remedy can be filed by a corporate shareholder or another stakeholder in a corporation. This type of claim is filed if a corporate stakeholder believes they have been harmed by the misconduct of the corporation. If a court finds that corporate misconduct has occurred, it can order the corporation to provide compensation or other remedies.

Injunctive relief is an urgent legal remedy issued by a court. An injunction can stop a person from pursuing an activity if the plaintiff can prove it will cause irreparable harm. Other types of injunctions can order a person to take a specific action. As an example, an injunction can be used to order a party to stop breaching a contract, violating a non-compete agreement, or infringing on intellectual property.
A class-action lawsuit lets plaintiffs who have a similar claim band together rather than having to file individual lawsuits. In Alberta, class action lawsuits are a relatively new phenomenon, as they have only been available since 2004.

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