The process of commercial litigation is when legal action is taken involving business transactions. In Toronto, a commercial litigation group lawyer is often consulted for legal representation and to help settle a dispute between businesses or between a business and an individual.
Many aspects of business are governed by commercial law, including advertising, marketing, selling, banking, bankruptcy, contracts, collections, securities, trade, etc., hence business issues will vary differently from each other. Although each will be very different in nature, the commercial litigation process, in general, will follow the same steps involved in a civil lawsuit – hiring a lawyer, filing motions, engaging in settlement negotiations, pre-trial, trial, settlement and appeal.
When a business engaged in commerce, merchandising, trade, and sale causes harm or damage to the rights, relations, and conduct of an individual or another business the injured party or parties has the option of filing a lawsuit against the other. The individual or business who instigates the lawsuit is referred to as the plaintiff, or claimant, and the business or individual that the lawsuit is filed against is referred to as the defendant.
As soon as a complaint is filed this starts the dispute process and the defendant will need to file a response to counter the complaint. To file a response, the plaintiff will need to employ a commercial litigation lawyer to ensure appropriate legal representation.
Commercial litigation lawyers provide professional advice to a wide range of clientele, including individuals, private businesses, startups, franchisors/franchisees, national and international corporations and government agencies. They tailor their approach to the needs of the client they are representing, whether as a single representative to a small enterprise or as a team of lawyers with large corporations. They are knowledgeable in all areas of business law and routinely handle both complex and common commercial disputes, some of which include:
• Antitrust
• Banking transactions
• Breach of contract
• Business torts
• Commercial leasing
• Construction liens
• Contract and joint venture disputes
• Corporate governance
• Corporate/shareholder disputes
• Creditors’ remedies
• Defamation and privacy law
• Distribution and franchise disputes
• Fraud and unfair competition disputes
• Injunctions and specific performance
• Insolvency/bankruptcy
• Insurance coverage
• Intellectual property
• International commercial disputes
• Mergers and acquisitions
• Professional negligence claims
• Real property disputes
• Representations and warranties
• Securities
• Trade secret disputes
• Trust and pension issues
To resolve a commercial dispute, commercial litigation lawyers make use of strategies such as a negotiated settlement, alternative dispute resolution methods (ADR) such as Arbitration and Mediation, or as a last resort, the courtroom. They will often choose to engage in pre-litigation settlement discussions to resolve disputes before filing for a lawsuit.
In the event a resolution proves impossible and court proceedings become necessary, the litigation team will advance the dispute to where applicable, federal, provincial, in the Supreme Court of Canada or in all regulatory and administrative tribunals.
Whether commercial disputes are settled in or out of court, litigators are assigned to manage all phases of the litigation process from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal and will spend much of the time taking depositions, interviewing witnesses, reviewing documents, writing briefs and visiting dispute sites. Their specialized knowledge, advocacy skills and experience in the courtroom can be counted upon to resolve issues and risks that can impact your business in times of trouble.
Commercial litigation involves federal laws related to commercial business transactions and is very specialized and very complex. An experienced commercial litigation group lawyer in Toronto can advise you of your legal rights and work with you on the most cost-effective strategy to resolve your dispute so that you can get back to business as usual right away.
No comments:
Post a Comment