Commercial litigation is a specialized field that encompasses most of what can go wrong when individuals or organizations do business together. Whether the problem takes place within a company, between businesses, business owners, or between a business and its clients.
At Knights LPC, we are committed to staying firm in negotiations and protecting your interests. We are willing and ready to bring legal action on your behalf to address any remaining issues that cannot be settled through negotiation, and to use the courts for immediate remedies such as injunction and mandatory orders when time is of the essence.
Our lawyers cover a wide range of commercial matters, including:
• Breach of contract and other contract disputes
• Corporate and Shareholder disputes
• Partnership disputes
• Oppression remedy
• Unfair business practices
• Commercial real estate disputes
We will pursue the best solutions that resolve your dispute fairly and reasonably so that you can get back to business.
What is recovery of legal fees and costs?
In Canada, to discourage parties from instituting frivolous or abusive claims, the losing party must pay the winning party’s legal costs. Discovery conducted by the winning party could cost the losing party a set dollar amount and further along in the proceedings and the more activity in a file, the more costly. A party may be awarded costs on a motion in Ontario according to the tariff, in addition to the loser paying all judicial costs.
A party who unsuccessfully seeks summary judgment can be sanctioned with substantial indemnity costs if the court feels the motion was unreasonable, or that the party presenting the motion acted in bad faith.
What is Proportionality?
In order to ensure that parties choose proceedings that are proportionate in terms of the time and cost required with respect to the importance and complexity of the issues, as well as to the amount being claimed – Rule 1.04 (1.1) of the Rules of Civil Procedure provides for the following:
“In applying these rules, the court shall make orders and give directions that are proportionate to the importance and complexity of the issues, and to the amount involved, in the proceeding”.
What are Discoveries?
Discoveries are an automatic right to examine parties to the claim or a representative of a corporate party and are limited in breadth and scope to matters relevant to the claim as framed in the litigation at the stage at which the discovery takes place. In order to examine third parties permission must be granted from the court.
How long does it take to get to trial?
A summary judgment, by its very definition, is rendered more quickly than a regular judgment and thus expedites the process.
Rule 76 of the Rules of Civil Procedure allows for a simplified procedure, whereby documents required to be disclosed by the parties are only those relevant to the matter in issue; discoveries are only allowed in a very limited way; oral examinations are limited to two hours; and the deponent of any affidavit may be examined, but only for ten minutes. This simplified procedure is available for claims under $100,000 and that do not fall under the monetary jurisdiction of Small Claims Court.
Download the Simplified Procedure factsheet here: fact_sheet_simplified_procedure_76.pdf