Commercial litigation is broadly described as a field of law that encompasses all legal disputes involving businesses and other commercial entities. There are different types of laws regulating commercial entities in Canada. If any individual or entity fails to fulfill an obligation, you can take legal action. Regardless of the type of business dispute that arises, it’s recommended that you consult with a professional commercial litigation lawyer.
Here are some common types of commercial litigation cases a lawyer may advise on.
1. Fraud and Deceptive Practices
This type of commercial litigation case occurs when a business fails to meet required standards and delivers products and/or services different than was stated. In other words, the entity wasn’t honest in their dealings.
In addition, there can be abuse or fraud of intellectual property. Revealing trade secrets to cause harm to a business is a breach of confidentiality. In this case, you need a qualified commercial litigation lawyer to represent you and protect your business value.
2. Breach of Contract
Contracts bind specific business dealings and as such create a private law. If a vendor, service, or business representative fails to meet the obligations in a contract, litigation for a breach of contract becomes inevitable. The defendant, if found guilty, will be required to compensate the non-breaching party for refusing to keep their end of the contract.
Breach of contract is one of the most common litigation cases, and as such you need a commercial litigation lawyer who has the skills and experience in handling all type of commercial litigation cases, whether simple or complex.
3. Tortuous Interference
Tortuous interference is when an individual or entity in a contract sues a third party for attempting to interfere with the contract in order to cause a breach, which can adversely affect either or both parties. This happens when a third party is trying to prevent one or both parties from fulfilling the obligations of the contract. A typical example is when an employee who is bound by a non-compete clause breaches their contract and then starts work with a competing company.
In this case, the employer with the non-compete clause has the right to not only file a lawsuit against the employee for breach of contract, but also sue the other company the employee is working with for tortuous interference. This kind of case requires the experience of a commercial litigation lawyer.
4. Employer and Employee Disputes
Employment disputes involve disagreement about pay discrepancies, unlawful job termination, or work environment. An employee may file a lawsuit against a business if he or she considers the termination unfair or discriminatory. Another instance is when an employee is subjected to a hostile work environment.
Not only does litigations arise from employees, but job candidates can also file a claim on the basis that they were rejected indiscriminately. A commercial litigation lawyer frequently handles cases involving disputes between employers and employees.
While this doesn’t outline all types of commercial litigations, it gives one insights into reasons why filing a claim may be appropriate. If your business is faced with one of the issues outlined above, contact a seasoned commercial litigation lawyer immediately for a case evaluation. They can represent your business interests.
