Corporate and commercial litigation is the process of resolving business disputes through the courts or through alternative processes such as mediation and arbitration. It covers disputes between businesses, between shareholders or partners, and between organizations and individuals where the dispute has a commercial dimension. Litigation lawyers represent parties at every stage of that process, from a pre-litigation demand through to trial and appeal.

A commercial litigation lawyer assesses the strength of your position, advises on the most effective strategy for achieving your objectives, manages the procedural steps of the litigation, and advocates for you at hearings, mediations, and trial. A good commercial litigation lawyer also tells you honestly when settlement is a better outcome than continuing to litigate, and negotiates hard to achieve the best possible terms when it is.

The terms overlap and are often used interchangeably. Corporate litigation tends to describe disputes about a company's internal affairs, such as shareholder oppression, director and officer liability, and partnership breakdowns. Commercial litigation tends to describe disputes arising from a business's external dealings, such as contracts, debts, and dealings with other businesses. In practice many disputes involve both, which is why we act across the full range rather than treating them as separate silos.

Civil litigation is the broader category covering all non-criminal court proceedings. Commercial litigation is a subset focused specifically on business and commercial disputes. All commercial litigation is civil litigation, but civil litigation also includes other matters that are not commercial in nature. Our litigation lawyers practice across the full range of civil and commercial matters in Ontario and BC.

It depends on the complexity of the dispute and whether it resolves at mandatory mediation or proceeds to trial. Most civil proceedings in Toronto are subject to mandatory mediation, and a significant proportion of commercial disputes resolve at that stage. A straightforward commercial matter that settles at mediation may conclude within twelve to eighteen months of commencement. Complex matters proceeding to trial typically take longer. We give clients a realistic timeline for their specific matter at the outset.

Our litigation lawyers handle the full range of corporate and commercial disputes, including breach of contract, shareholder and partnership disputes, fraud and misrepresentation, injunction applications, debt recovery, defamation and reputation litigation, real estate disputes, professional negligence, breach of fiduciary duty, and the broader business torts. We also handle civil litigation, employment litigation, and judicial review and appeals, and can direct clients to our dedicated employment law resources at achkarlaw.com where appropriate.

Yes. We are a litigation firm with a practice in both Ontario and British Columbia. Our lawyers appear before the Ontario Superior Court of Justice, the BC Supreme Court, and the appellate courts in both provinces. Whether your dispute is in Toronto, Ottawa, Vancouver, or involves parties in multiple jurisdictions, we can advise on the most effective approach.

As early as possible. The decisions made in the first days of a business dispute, including what communications you send, what documents you preserve, and whether urgent steps such as an injunction are warranted, can significantly affect the outcome. Waiting until a dispute has escalated before getting legal advice limits your options. A litigation lawyer can assess your position quickly and advise on the right first steps before you take them.