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Navigator Law works with our clients to find practical and economical solutions to business disputes and commercial disputes. We offer alternative methods such as mediation and arbitration in order to effectively resolve a wide range of legal disputes.

What is a Business Dispute?

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

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.

There are many different types of business litigation. Here are some common examples.

Contract Disputes

Contracts are a common source of business disputes. There are many different types of business contracts, such as lease agreements, service agreements, intellectual property contracts, joint venture agreements, 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.

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 fraud, a lawyer can help mitigate a partner’s financial and legal risk during a dispute.

Tax Disputes

If you find yourself in trouble with Canada Revenue Services, a lawyer can help fight assessments up and including in the Tax Court of Canada.

Options for Resolving a Business Dispute

What is the best way to resolve a business dispute? In general, it is more cost-effective and faster to resolve the dispute outside of court. That’s why most lawyers will recommend exploring mediation or arbitration before going to trial. However, depending on the nature of the specific dispute, effective litigation is sometimes the best option.

An experienced lawyer can help with a legal strategy that protects your interests in a business dispute.

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.

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.

  • Mediation. During a mediation process, a third-party mediator helps the parties involved reach a practical agreement that solves the dispute.
  • Arbitration. The arbitration is often a more formal dispute resolution process. One or more arbitrators are selected to hear evidence and legal arguments from each party’s lawyer and issue a decision. Unlike mediated agreements, arbitration proceedings can be legally binding.

Trial

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

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.

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.

Our Skills Ready For You

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 lean on 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.

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 help you 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.

Alternative Methods

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

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

Our lawyers are also able to act as fair and unbiased mediators for any type of business dispute. Through the mediation process, we are committed to finding a fair solution that balances the needs and interests of the parties involved.

Litigation

Litigation can be a time-consuming and challenging process. Our litigators can help you prepare for a trial and fight for your interests in court.

Contact Us

At Navigator Law, LLP, we can help you strategically resolve any type of business dispute. If you are faced with a dispute, or you want to take steps to minimize your risk of legal issues, contact our office to make an appointment.

Frequently Asked Questions

Can I appeal an arbitration decision?

No, a Certificate of Judgment from Binding Judicial Dispute Resolution cannot be appealed. The decision can only be appealed if there has been an error of facts or how the law has been applied.

What is an oppression remedy?

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 (mis)conduct of the corporation. If a court finds that corporate misconduct has occurred, it can order the corporation to provide compensation or other remedies.

What is an injunction?

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.

What is a class action lawsuit?

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.