All About Commercial Litigation in Canada

The Canadian law has distributed its responsibilities and legislative powers and function between the federal government and provinces. The commercial litigation or the contract law goes under provincial jurisdiction as it is part and parcel of civil rights. Canada has 10 provinces each constituting its own jurisprudential genesis and the court system. However, though there are differences between provinces regarding the commercial litigation or contract laws as a whole, the laws in this regard across the 10 provinces in Canada are based on the British common law. As a matter of fact, the civil law jurisdiction in Quebec is an exception. On the other hand, the Supreme court of Canada is the final decision-making body and its decisions are binding for all the lower courts in Canada. Consult with Liebman Legal commercial litigation in order to get best and affordable commercial litigation services and assistance.

The Canadian commercial litigation has several important components like contract formation, contract interpretation, dispute resolution, breach of contract claims, defences to enforcement, fraud and misrepresentation and other claims, and remedies. The contract formation comes under the common law and determines whether the parties have mutually entered into an agreement for bargaining each other with appropriate terms and conditions. As a matter of Canadian law, it is not mandatory or binding to have a written contract between the parties. But the provincial legislations especially in the cases of certain agreements which has land interests and agreements relating to trusts necessarily require a written contract.

The contract formation in Canada is generally done objectively and the contract interpretation comprises the exercises of objective intentions of the parties while entering into an agreement. The Canadian court normally avoids rigid findings of ambiguity and consider the words as a flexible instrument towards achieving the intended purpose.

Canada has three levels of courts for complex commercial litigation namely the provincial court at the first level and the provincial appellate court at the second. The Supreme court is the third and the final court to take the binding decision. The Toronto court since 1991 has been specialized to deal with complex commercial disputes provided the cases to come under certain criteria. Similarly, Alberta houses its own commercial list to deal with complex commercial disputes.

A plaintiff should show evidence for breach of contract claims which should be convincing, clear and cogent. The evidence should prove the existence of a valid contract and a breach of that contract, and the damages as the consequence of that breach.

Danny White