Business Tort Lawyers

Business torts are civil wrongs that cause economic harm to organizations and individuals in a commercial context. They include a broad range of intentional and negligent conduct: fraud, misrepresentation, interference with business relationships, breach of confidence, defamation, and more. Our business tort lawyers represent organizations and individuals in Ontario and British Columbia pursuing and defending these claims.

What Are Business Torts?

A tort is a civil wrong that gives the injured party the right to seek compensation or other remedies through the courts. Business torts, sometimes called economic torts, are torts that arise in a commercial context and cause financial or reputational harm to a business or individual rather than personal injury or property damage.

Unlike breach of contract claims, which require a valid agreement between the parties, many business torts can arise without any contractual relationship at all. A competitor who makes false statements about your business, a third party who deliberately interferes with your supplier relationships, or a former partner who misuses confidential information can all be liable in tort even if they were never bound to you by a written agreement.

Business torts are frequently pleaded alongside contract claims where both arise from the same facts. The advantage of framing a claim in tort as well as in contract is that different remedies may be available, the limitation period analysis may differ, and the conduct of the defendant can be characterized in a way that supports aggravated or punitive damages where the circumstances warrant it.

In Ontario and British Columbia, courts recognize a well-developed body of economic tort law. A business tort lawyer who understands how these causes of action interact, and which combination best fits the facts of your dispute, can significantly affect the outcome.

Business and Economic Torts We Handle

Each business tort has its own elements, defences, and remedies. We have dedicated resources for the specific economic torts we handle most frequently. If your situation involves one of the following, follow the link for a full analysis of the applicable law, what you need to establish, and what remedies are available.

Breach of Contract

When another party fails to honour a binding agreement, the consequences for your business can be immediate and significant. We advise on enforcement, damages, and the full range of remedies available when a contract is breached.

Breach of Contract Lawyers

Breach of Confidence

Confidential information is often among the most valuable assets a business holds. When it is misused, disclosed without authority, or taken by a departing employee or competitor, breach of confidence claims provide a mechanism for protection and recovery.

Breach of Confidentiality Lawyers

Breach of Fiduciary Duty

Directors, officers, partners, and senior employees owe fiduciary duties that are among the most demanding obligations recognized by law. When those duties are breached, the remedies available include an account of profits, constructive trust, and equitable compensation.

Breach of Fiduciary Duty Lawyers

Unlawful Interference with Economic Relations

When a competitor, former partner, or third party deliberately disrupts your business relationships through unlawful means, the tort of unlawful interference with economic relations may provide a remedy. This is one of the more technically demanding economic torts and requires careful legal analysis.

Interference with Economic Relations Lawyers

Defamation and Injurious Falsehood

False statements that damage your business's reputation or misrepresent your products and services can give rise to claims in defamation or injurious falsehood. Both causes of action are available in Ontario and BC and may support injunctive relief as well as damages.

Defamation and Reputation Lawyers

Not sure which tort applies to your situation? That analysis is exactly what a business tort lawyer does. Call us and we will assess the facts and identify the strongest causes of action available.

Other Business Torts Recognized in Ontario and BC

Beyond the specific torts covered in our dedicated pages, business tort litigation in Ontario and BC encompasses a broader range of causes of action that arise in commercial disputes.

Fraud and Fraudulent Misrepresentation

Where a party has been induced into a transaction by a false statement of fact made knowingly or recklessly, a claim in fraudulent misrepresentation may be available. Fraud claims carry significant remedies including rescission of the transaction, damages, and in appropriate cases punitive damages that reflect the deliberate nature of the wrong.

Negligent Misrepresentation

Where a party has made a careless false statement in circumstances where they owed a duty of care to the recipient, and the recipient relied on that statement to their detriment, a claim in negligent misrepresentation may arise. This tort frequently arises in the context of professional advice, pre-contractual representations, and reference or assessment processes.

Inducing Breach of Contract

Where a third party has knowingly and intentionally caused another party to break their contract with you, the tort of inducing breach of contract may provide a remedy. Unlike unlawful interference with economic relations, this tort does not require that the defendant's means were independently unlawful. It requires knowledge of the contract and an intention to cause its breach.

Conspiracy

Civil conspiracy arises where two or more parties combine to act in a way that is either unlawful or, even if not independently unlawful, is directed primarily at causing harm to the plaintiff and does in fact cause harm. Conspiracy claims are often pleaded alongside other economic torts where multiple defendants have acted in concert.

Passing Off

Passing off protects the goodwill associated with a business name, product, or get-up. It arises where a party misrepresents their goods or services as being associated with or originating from the plaintiff, causing damage to the plaintiff's goodwill. It is a common law alternative to trademark infringement and is available in both Ontario and BC.

Unjust Enrichment

Where one party has been enriched at the expense of another without a juristic reason for that enrichment, a claim in unjust enrichment may lie. This cause of action bridges tort and equity and frequently arises in disputes involving failed business relationships, unauthorized use of assets, or benefits conferred under agreements that turned out to be unenforceable.

Remedies in Business Tort Litigation

One of the key advantages of framing a commercial dispute as a business tort claim, or including tort causes of action alongside a contract claim, is the range of remedies available. Courts have broader flexibility in fashioning relief in tort than they do in contract in some circumstances.

Compensatory Damages

The primary remedy in most business tort cases is compensation for the financial loss caused by the defendant's wrongful conduct. The measure of damages differs between torts and contract: tort damages aim to put the plaintiff in the position they would have been in had the tort not occurred, which can produce a different and sometimes more favourable outcome than the contractual measure.

Punitive and Aggravated Damages

Where the defendant's conduct was intentional, high-handed, or particularly egregious, courts in Ontario and BC may award punitive damages over and above compensation for the actual loss. Business torts that involve deliberate wrongdoing, such as fraud or intentional interference, are more likely to attract this form of relief than straightforward breach of contract claims.

Account of Profits

In certain economic tort cases, particularly those involving breach of fiduciary duty or breach of confidence, the court may order the defendant to account for the profits they made from their wrongful conduct rather than simply compensating the plaintiff for provable losses. This can be a significantly more powerful remedy where the defendant's gains exceed the plaintiff's quantifiable losses.

Injunctions

Where the tortious conduct is ongoing or threatens to continue, an injunction can stop it immediately. Injunctions in business tort cases are available on an urgent basis where the circumstances require it and the legal test is met. Speed is critical: the longer harmful conduct continues, the more damage accumulates and the harder it becomes to demonstrate the irreparable harm required to support interim relief.

Rescission

Where a business tort such as fraudulent misrepresentation induced the plaintiff to enter a transaction, the plaintiff may be entitled to rescind the transaction entirely and be restored to their original position, in addition to or instead of damages.

The remedies available depend on which torts apply and how the claim is structured. A business tort lawyer can advise on the combination that best fits your situation.

Why Organizations Choose Achkar Law for Business Tort Litigation

We Know the Economic Torts

Business tort litigation requires lawyers who are familiar with a body of law that is more technically demanding than straightforward contract litigation. The elements of each tort, how they interact, which combinations are most effective on a given set of facts, and how courts in Ontario and BC have applied them are all part of what we bring to every file.

We Identify the Strongest Causes of Action

Commercial disputes rarely fit neatly into a single legal category. We assess the facts of your situation across the full range of available causes of action, in contract and in tort, and advise on which combination gives you the strongest position and the broadest range of remedies.

We Act on Both Sides

We represent both plaintiffs pursuing business tort claims and defendants responding to them. Understanding both sides of these disputes makes us more effective on either one.

Ontario and British Columbia

We practice in both provinces. Whether your business tort dispute is in Ontario, BC, or involves parties in both jurisdictions, we can advise on the applicable law, the most advantageous forum, and the right strategy for your situation.

Business Torts: Frequently Asked Questions

What is the difference between a business tort and a breach of contract?

A breach of contract requires a valid agreement between the parties and arises when one party fails to perform their contractual obligations. A business tort is a civil wrong that does not require a contractual relationship. Many commercial disputes give rise to both, and pleading both can expand the remedies available and strengthen the overall claim.

Can I sue someone in tort even if there is no contract between us?

Yes. Many business torts do not require a contractual relationship. Unlawful interference with economic relations, fraudulent misrepresentation, defamation, passing off, and conspiracy can all arise between parties who have no contract with each other. The tort itself provides the basis for the claim independently of any agreement.

Why would I plead a tort claim alongside a contract claim?

Several reasons. Tort damages are measured differently from contract damages and can produce a more favourable result in some circumstances. Tort claims may support remedies that are not available in contract, including punitive damages and account of profits. The conduct of the defendant may be characterized more forcefully in tort, which can affect both the remedies available and the dynamics of settlement. A business tort lawyer can advise on whether adding tort claims to a contract dispute strengthens your position.

What is the limitation period for business tort claims in Ontario and BC?

In both Ontario and BC, the basic limitation period for most tort claims is two years from the date the claim was discovered or ought to have been discovered. Some torts, particularly those involving concealed wrongdoing such as fraud, may have more complex discovery analyses that affect when the clock starts running. Acting promptly once you become aware of potential tortious conduct is important both for the limitation period and for preserving evidence.

Which business tort applies to my situation?

That depends on the facts. Commercial disputes often engage multiple torts simultaneously, and identifying the right combination requires a careful analysis of what happened, who did it, and what their intention was. The pages linked above cover the specific economic torts we handle most frequently. If you are not sure where your situation fits, call us and we will assess it.

Do you handle business tort claims in both Ontario and BC?

Yes. We practice in both provinces and advise on business tort matters at every stage, from pre-litigation demand and injunction applications through to trial. Whether your matter is in Ontario, BC, or involves parties in both jurisdictions, we can advise on the applicable law and the best approach for your situation.

Speak With a Business Tort Lawyer

Tell us about your situation. We will follow up promptly to discuss your options. You can also reach us directly at 1-800-771-7882.