Operating a business in Canada can raise a variety of legal concerns based on relationships with other businesses or with those employed by the company. Commercial disputes can be frustrating, but having reliable legal counsel can help in addressing such issues. Since no case is exactly like another, it is important to approach each according to the unique needs of your business.
Flexibility and efficiency are critical in addressing the varied disputes that can affect your business. You may face issues such as unfair business practices, breach of contract, fraud, franchise disputes or have concerns with obtaining the specific performance of a contract. In some cases, you may be on the receiving end of legal action, and in others, you may be faced with the need to initiate such action.
In some situations, a dispute may be resolved collaboratively; good working relationships are often critical for success in commerce. Through negotiation, mutually beneficial solutions may be sought informally through discussions between parties and their lawyers. In the mediation stage, an authorized individual may facilitate communications while endeavoring to recommend solutions that are creative and acceptable to all parties. When these efforts are not successful, litigation may be necessary.
Facing any of these approaches to commercial disputes can carry significant implications for your business, making it important to proceed with reliable legal information and representation. Moving through several of these steps may be more effective with the help of a lawyer who might be able to facilitate communication and interaction. For more information about the options in resolving commercial disputes such as breach of contract, please visit our business & commercial law page.
Source: Ridout Barron, "Commercial Disputes And Breach Of Contract", September 24, 2014