Commercial Litigation
At LCW Lawyers, we’ve built one of Ontario’s most respected commercial litigation practices. Our commercial litigation lawyers in St. Catharines are well-versed in handling complex corporate disputes and business litigation across various industries. We regularly represent clients in hearings before both provincial and federal courts and tribunals, including the Financial Services Tribunal, Ontario Land Tribunal, and Environmental Review Tribunal.
Beyond courtroom advocacy, we work closely with clients to identify and manage potential legal risks before they escalate into larger disputes. By understanding the intricacies of each client’s business, we provide proactive solutions that often prevent drawn-out litigation.
Whether through early resolution or alternative dispute methods, our approach is tailored to achieve cost-effective outcomes. With a skilled discovery team working alongside our litigators, we deliver efficient and customized solutions for every case.
Schedule a consultation to discuss your matter, understand how you can lower risks, assert your rights, and resolve disputes cost-efficiently.
Commercial Litigation Lawyers in St. Catharines with Over 140 Years of Experience
The Commercial Litigation Practice Group represents a broad range of clients in litigation matters that arise during the course of conducting business. Our clients are financial institutions, corporations of various sizes, shareholders, partnerships, sole-proprietorships, and individuals.
Our Commercial Litigation lawyers also go to great lengths to help clients minimize liability. They routinely educate clients on techniques to limit corporate and personal liability.
EXAMPLES:
- Bankruptcy and creditors' rights
- Fraud
- Lender liability
- Break of Contract Cases
- Appeals
- Class Actions
- Competition/Antitrust
Secure your position in complex bankruptcy and insolvency proceedings. Our commercial litigation attorneys represent companies and creditors in disputes over unpaid debts, priority claims, and asset distribution. Whether dealing with secured or unsecured claims, we help with asset recovery and defence.
Pursue legal recourse in cases of financial and corporate fraud that threaten your business. We assist with uncovering complex schemes involving embezzlement, insider trading, or misrepresentation in contracts.
Minimize exposure to lender liability claims arising from allegations of predatory lending, misrepresentation, or breaches of fiduciary duty. Our expertise includes defending against borrower claims of unfair loan terms, wrongful foreclosure, or failure to honor commitments.
Enforce or defend your contractual rights with precision. We help businesses facing breaches related to sales agreements, service contracts, partnership agreements, and more. Whether your business litigation involves non-performance, delayed delivery, or violation of exclusivity clauses, we pursue appropriate remedies to protect your commercial interests.
Overturn unfavourable judgments by leveraging a detailed understanding of appellate law. Our corporate litigators specialize in dissecting trial records to identify errors in legal interpretation, evidence handling, or procedural fairness.
Defend your business against the potentially devastating financial consequences of class action lawsuits. We handle high-stakes litigation involving product defects, consumer protection violations, and securities misrepresentation.
We represent clients in disputes over price-fixing, monopolistic practices, and merger challenges under the Competition Act. We work closely with economists and industry experts to dismantle claims and mitigate the impact of regulatory investigations or private actions.
Construction and Infrastructure Litigation
Resolve disputes efficiently and prevent costly project delays. Our team represents contractors, developers, and investors in litigation involving construction defects, contract breaches, delay claims, and lien enforcement under the Ontario Construction Act. We also handle disputes arising from public-private partnership (P3) projects.
Corporate Governance and Securities
We advise directors and officers facing derivative actions, insider trading claims, and securities class actions. Our approach focuses on minimizing exposure by ensuring corporate compliance with the Ontario Securities Act, stock exchange regulations, and governance best practices.
Cross-Border Litigation
Navigate the complexities of international disputes with expertise in cross-border litigation. Whether dealing with jurisdictional conflicts, enforcement of foreign judgments, or multi-national commercial disputes, we offer guidance on international treaties and conventions.
Environmental Litigation
Protect your business from environmental claims that can lead to costly penalties or project shutdowns. We represent businesses in disputes involving contaminated land, regulatory breaches, and environmental assessments under laws like the Canadian Environmental Protection Act.
Franchise Litigation
Resolve franchise disputes with a focus on protecting your brand and business model. We assist franchisors and franchisees in litigation involving franchise agreement breaches, territory disputes, and compliance with the Arthur Wishart Act (Franchise Disclosure).
Insolvency and Restructuring
Our commercial litigation lawyers assist creditors, debtors, and other stakeholders in insolvency proceedings, including CCAA filings, receiverships, and out-of-court restructurings. Our approach focuses on preserving value, maximizing asset recovery, and crafting viable restructuring plans to ensure the long-term survival of your business.
Intellectual Property Litigation
We represent clients in disputes over patent infringement, trademark violations, copyright breaches, and trade secret misappropriation.
Product Liability
With experience in defending manufacturers and distributors under the Canada Consumer Product Safety Act, we craft effective defences to minimize damages and protect your brand. We handle disputes involving defective products, failure-to-warn allegations, and regulatory non-compliance.
Tax Dispute Resolution
Resolve tax disputes swiftly and effectively. We represent businesses in disputes with the Canada Revenue Agency (CRA) over tax assessments, audits, and compliance issues. Whether contesting penalties or negotiating settlements, our deep understanding of Canadian tax laws helps mitigate the financial impact on your operations while ensuring compliance moving forward.
Contact one of our experienced lawyers practicing Commercial Litigation to help you successfully navigate your legal needs.
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Frequently Asked Questions
What does a commercial lawyer do?
Commercial lawyers advise and represent clients in negotiation, commercial transactions, risk management, and court proceedings. We advise clients on real estate matters, organization structuring, intellectual property, and more. Our team helps clients draw up and vet contracts, understand liability, and grow their businesses responsibly.
What does commercial mean in legal terms?
In a legal context, commercial refers to the wide range of laws and policies that impact how businesses operate. Commercial matters can include everything from structuring the organization to managing risk and protecting intellectual property.
A commercial lawyer can help you effectively manage customer contracts, supplier agreements, distribution agreements, and more.
What is an example of commercial law?
Intellectual property is a good example of a common commercial concern that businesses face, given nearly 1 in 5 Canadian businesses own intellectual property. Whether it’s sharing patents with manufacturers for production or trademarks with franchisees, businesses must ensure contracts, protect their rights and be clear about the use and transfer of their intellectual property.
What is the difference between commercial and corporate lawyers?
That’s a very common question! Corporate lawyers are more concerned with the creation, organization, and management of the organizational structure. They assist with shareholdings, partnerships, and corporate governance.
Commercial lawyers assist with matters that impact business and operations, such as property law, zoning, labour laws, franchising, and more.
Is civil law the same as commercial?
Civil law is a very broad term that captures all non-criminal legal matters, whether they relate to individuals or businesses. Commercial law comes under the umbrella of civil law but is focused on business activities, such as employment contracts, supplier relations, product liability, and business-related matters.
What are some common commercial law legal issues?
Some of the most common commercial law issues relate to:
- Good faith in contracts.
- Intellectual property protection.
- Securities sales and transfers.
- Enforcement of arbitration agreements.
- Duty of performance in contracts.
- Product recall and liability.
- Bankruptcy proceedings.
- Public interest litigation.
For up-to-date advice on evolving commercial law issues, speak to our lawyers about your business.
My business partner breached our contract. What steps should I take?
If your business partner has breached your contract, speak to our commercial lawyers immediately. We can advise on a wide range of issues, including settlement, expulsion, liability, damages, and more. We will advise you on how to protect your interests while preventing disputes from distracting you from growth.
How long have you practiced law?
Lancaster Chown & Welch LLP brings nearly 140 years of representing some of the biggest businesses in the Niagara Region. In that time, we have shaped the Niagara skyline and helped businesses such as yours thrive.
You will work with a team of 35 knowledgeable and strong lawyers and 115 legal professionals who can advise and represent you on all commercial matters.
What type of cases do you generally handle?
As a full-service law firm, we advise and represent businesses on all commercial matters. We assist start-ups and businesses large and small on aspects such as:
- Corporate structuring
- Supplier contracts
- Manufacturer agreements
- Zoning
- Employment contracts
- And much more
You will receive up-to-date, business-centric advice from a team that shares your entrepreneurial spirit.
What are your legal fees and how are they calculated?
We are committed to providing exceptional value to every client and we offer competitive rates. Due to the complexity and uniqueness of commercial matters, we can’t provide a ‘price list’ of legal fees; please speak to our lawyers to discuss your matter and receive an estimate of our legal fees.
How long does a typical commercial litigation case take?
The duration of a commercial litigation case can vary significantly, depending on its complexity, the jurisdiction, and the willingness of parties to negotiate. A straightforward dispute might resolve in a few months, especially if a settlement is reached early. However, more complex cases, or those that proceed to trial, could take a year or more.
What are the potential costs involved in commercial litigation?
Legal fees typically represent the largest portion, which includes lawyers’ efforts, court filings, and discovery-related expenses. Additional costs might involve expert witnesses, examinations, and document discovery. If a case goes to trial, costs increase due to the time and resources required, and there is the possibility of paying damages or other court-imposed fees.
Can commercial litigation be resolved without going to court?
Yes, many commercial litigation disputes can be resolved without a court trial through alternative dispute resolution (ADR) methods. Mediation and arbitration are common approaches that allow parties to negotiate settlements outside the courtroom. They can save time and reduce costs, while giving parties more control over timeframes and outcomes.
What should I do if I receive a lawsuit related to my business?
If you receive a lawsuit, the first step is to contact a commercial litigation lawyer immediately. It's essential to review the complaint carefully and identify deadlines for responses or court appearances. Your lawyer will guide you through crafting a defence, gathering evidence, and developing a strategy. Avoid contacting the opposite party directly!
What should I expect during the commercial litigation process?
The commercial litigation process in Ontario begins with pleadings, where each party files claims and defences. This is followed by discovery, where documents are exchanged, and facts are clarified through examinations for discovery. Next, motions may be filed to resolve issues or dismiss the case. If unresolved, the case moves to trial.