What is commercial litigation?

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. Commercial litigation lawyers represent parties at every stage of that process, from pre-litigation demand through to trial and appeal.

What does a commercial litigation lawyer do?

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.

What is the difference between commercial litigation and civil litigation?

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 personal injury, family, and 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.

How long does commercial litigation in Toronto typically take?

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.

Does Achkar Law handle commercial litigation in both Ontario and BC?

Yes. We are a commercial litigation law 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 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.

What types of commercial disputes do you handle?

Our commercial litigation lawyers handle the full range of 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 business torts. We also handle employment litigation and can direct clients to our dedicated employment law resources at achkarlaw.com where appropriate.

When should I contact a commercial litigation lawyer?

As early as possible. The decisions made in the first days of a commercial 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 commercial litigation lawyer can assess your position quickly and advise on the right first steps before you take them.