Commercial litigation may involve large or small amounts of money but typically this type of litigation involves disputes regarding business contracts and breaches of those contracts. Determining whether a breach has occurred under a contract, who breached the contract and what is the appropriate remedy for any breach that has occurred can be a complicated process with many factors to take into consideration. Complicating this process is that in many cases, the contract that is at the center of the dispute may be verbal in whole or in part.
When confronted with a breach of contract situation, it is imperative to quickly assess the need for legal assistance. In some cases, you may be able to resolve the breach with the other party through negotiation. In other cases, the damages or potential damages may be of a very low monetary value which will not practically justify the involvement of legal counsel. If you are in any way uncertain if legal counsel is required when faced with a breach of contract situation then you should consult with a lawyer and seek out guidance on this issue.
Should it be determined that the potential damages flowing out of the breach, or the risks of being liable on an alleged breach of contract , are significant enough, then legal counsel will be able to assist you in organizing materials and pursuing a resolution of the matter be it through a mediation process, an arbitration process or a Court process.
We have represented clients in contract disputes through all of these processes and have appeared in the all levels of the Ontario Superior Court (Small Claims, Family, Superior and Divisional) and the Ontario Court of Appeal.
Should you be facing a breach of contract issue or contemplating a situation involving a potential breach, please feel free to contact us to discuss further.