Commercial Litigation and Disputes

ATAC LAW represents businesses and commercial parties in contractual claims, payment disputes, shareholder and partnership disputes, business torts, franchise and distribution disputes, commercial insurance matters, injunction proceedings, arbitration and judgment enforcement. The appropriate forum and remedy depend on the governing agreement, the parties involved and the commercial rights at issue.

The result depends on the claim and the relief sought. A court may dismiss a claim or grant a monetary or other remedy, together with costs and applicable interest. Where a judgment remains unpaid, separate enforcement proceedings may be required to reach bank accounts, personal property, land or other assets. In other matters, the more important relief may concern contractual rights, corporate control or an injunction rather than damages alone.

There is no standard timetable for a commercial dispute. The duration depends on the number of parties and issues, the volume of documents, examinations for discovery, expert evidence, interlocutory applications, the chosen forum and court or tribunal scheduling. Some disputes can be determined through an application or summary process, while document-intensive or multi-party proceedings may require a longer course to hearing or trial. Negotiated resolution or mediation can occur at any stage.

Civil proceedings create a court record, and information and documents within that record may be publicly accessible subject to applicable court-access rules, restrictions and orders. That can matter where a dispute involves commercially sensitive allegations, corporate relationships or transactions.

Arbitration is different. British Columbia's arbitration legislation generally provides for private hearings and confidentiality, subject to the parties' agreement and statutory exceptions. The choice between litigation and arbitration can therefore affect not only procedure, but also the degree to which the dispute enters the public record.

Yes. Commercial disputes may resolve through direct negotiation, mediation, arbitration, an interlocutory or summary court process, or settlement reached while litigation is underway. The available route depends in part on the governing agreement and the relief required. Where the parties have agreed to arbitration, that agreement may determine the forum before the dispute begins.

Under British Columbia's Limitation Act, the general limitation period for a civil claim is two years from the date the claim is discovered. An ultimate limitation period of fifteen years also applies to many claims, subject to statutory exceptions and special rules.

Discovery does not necessarily occur on the date of the underlying transaction or breach. The applicable deadline depends on when the relevant loss, its cause and the appropriate party against whom to proceed were known or reasonably ought to have been known. Other statutory deadlines, contractual notice requirements or dispute procedures may also require earlier action.

A shareholder dispute is a form of commercial litigation focused on the internal ownership, rights and governance of a company. In addition to ordinary contractual principles, the dispute may engage shareholder agreements, corporate records, directors' duties and remedies available under corporate legislation. The commercial consequences can include changes to corporate control, the purchase or sale of an ownership interest, restrictions on management or the future operation of the business.