Breach of Contract Lawyer · Toronto · Ottawa · Vancouver · Ontario & BC
Breach of Contract Lawyers
When another party fails to honour an agreement, your business or your deal is at risk. Our breach of contract lawyers and contract dispute lawyers represent organizations and individuals in Toronto, Ottawa, Vancouver, and across Ontario and British Columbia in contract litigation and commercial disputes.
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Breach of Contract Lawyers · Ontario & BC
What Is a Breach of Contract?
A breach of contract occurs when one party to a binding agreement fails to fulfil their obligations under it without a lawful excuse. That failure can take several forms: an outright refusal to perform, partial performance that falls short of what was promised, or conduct that makes clear the other party does not intend to follow through.
Whether you have an actionable claim depends on whether the contract was valid and enforceable, whether the obligation was clearly defined, whether the breach was material, and whether you suffered a real loss as a result. Our breach of contract lawyers assess these elements quickly so you can decide how to proceed.
- Material and anticipatory breach of contract
- Contract dispute litigation and enforcement
- Business contract disputes between companies
- Contract enforcement for failed agreements
- Defending against unfounded breach claims
- Real estate contract disputes
- Commercial contract disputes
- Suing for breach of contract in Ontario and BC
What happens if a contract is broken?
When a contract is broken, the non-breaching party has the right to pursue legal remedies. Depending on the nature of the breach and the losses suffered, those remedies can include damages to compensate for the financial loss, an order for specific performance requiring the other party to complete what they agreed to do, or rescission of the contract entirely.
The strength of a contract dispute claim depends on the terms of the agreement, the conduct of both parties, and the losses that resulted. Acting promptly protects your evidence, your limitation period, and your ability to seek urgent relief where the circumstances require it.
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Types of Contract Breach
The Most Common Forms of Breach Our Contract Litigation Lawyers Handle
Breach Type 1
Material Breach
The most serious form : the heart of the agreement has failed
A material breach occurs when one party's failure goes to the heart of the agreement and the other party receives something substantially different from what they bargained for. A material breach typically entitles the non-breaching party to treat the contract as ended and sue for damages. This is the most commonly litigated form of breach in commercial contract disputes.
Breach Type 2
Anticipatory Breach
The other party has made clear they will not perform
An anticipatory breach occurs when one party makes clear, through words or conduct, that they will not perform before the performance date arrives. You do not have to wait for the deadline to pass. You can treat the contract as ended and pursue your remedies immediately. This is particularly important in time-sensitive commercial agreements.
Breach Type 3
Minor or Partial Breach
Performance occurred but fell short of what was promised
A minor or partial breach means performance occurred but not entirely as promised. The contract is not ended, but you may be entitled to compensation for the shortfall. These cases often turn on the distinction between a condition and a warranty in the contract, and how the agreement characterizes the obligation that was not fully met.
Breach Type 4
Fundamental Breach
A breach so serious it defeats the entire purpose of the contract
A fundamental breach defeats the entire purpose of the contract. Courts will look at whether the breaching party should be permitted to rely on any limitation or exclusion clauses given the severity of what occurred. This is a significant issue in commercial agreements that contain broad exemption clauses the breaching party may try to invoke as a defence.
Breach Type 5
Business Contract Disputes
Commercial contract disagreements between organizations
Business contract disputes arise when organizations disagree about the interpretation of an agreement, whether performance was adequate, or what consequences should follow from a failure to perform. These disputes may involve supply agreements, service contracts, distribution arrangements, licensing agreements, or any other commercial contract. We act for businesses on both sides of these disputes across Ontario and BC.
Breach Type 6
Real Estate Contract Disputes
Failed property transactions and agreement breaches
When a real estate transaction fails to close, the consequences can be significant for both sides. A buyer who refuses to close may forfeit their deposit and face a damages claim. A seller who fails to close may face a specific performance claim compelling them to complete the transaction. Real estate contract disputes often require urgent steps given the time-sensitive nature of property transactions.
Remedies for Breach of Contract
What You Can Recover From a Contract Dispute
Compensatory Damages
The most common remedy. These cover your actual financial loss caused by the breach including lost profits, increased costs, and the cost of obtaining substitute performance. Losses must be proven and not too remote from the breach.
Specific Performance
In cases involving unique property or where money is not an adequate remedy, a court may order the breaching party to do what they promised. Most common in real estate disputes and transactions involving unique assets.
Consequential Damages
Losses that flow from the breach indirectly, such as a deal you lost because the other party failed to deliver. These are recoverable if they were reasonably foreseeable at the time the contract was made.
Injunctive Relief
Where ongoing or threatened conduct needs to be stopped immediately, you may be able to obtain an injunction. This requires moving quickly and meeting a specific legal test. Speed is critical in these applications.
Rescission
In cases involving misrepresentation or a fundamental breach, you may be able to unwind the contract entirely and be restored to your original position rather than seeking damages for the loss suffered.
Penalty for Breach of Contract
Some contracts contain liquidated damages or penalty clauses that specify the consequences of a breach. Whether these clauses are enforceable depends on whether they represent a genuine pre-estimate of loss or an unenforceable penalty.
Why Timing Matters
The Cost of Delay vs. Acting on a Breach of Contract
Risks of Waiting Too Long
- Two-year limitation period expires, barring the claim entirely
- Evidence and documents become harder to obtain
- The other party has time to dissipate assets
- Losses compound while the breach continues
- Loss of ability to seek urgent injunctive relief
- Your position in negotiations weakens over time
Benefits of Acting Promptly
- Full range of remedies including specific performance
- Evidence preserved while it is still available
- Injunctions available to stop ongoing harm
- Stronger position in settlement negotiations
- Demand letter may resolve the matter without litigation
- All limitation periods protected from the outset
In Ontario and BC, the basic limitation period for a breach of contract claim is two years from discovery. Do not wait.
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Where We Act
Breach of Contract Lawyers Across Ontario and BC
Toronto and the GTA
Breach of contract lawyer for Toronto, Mississauga, Brampton, Markham, Etobicoke, and the Greater Toronto Area. Proceedings before the Ontario Superior Court of Justice in Toronto including the Commercial List.
Ottawa and Eastern Ontario
Contract dispute lawyers for Ottawa, Kitchener, Midland, and Eastern Ontario businesses. Ontario Superior Court in Ottawa with mandatory mediation. Contract litigation for government and commercial disputes in the National Capital Region.
Vancouver and BC
Breach of contract lawyers for Vancouver and across British Columbia. BC Supreme Court proceedings for contract litigation. Serving the Lower Mainland and beyond for commercial and business contract disputes.
Frequently Asked Questions
Breach of Contract: Common Questions
What is breach of contract?
A breach of contract occurs when one party to a binding agreement fails to fulfil their obligations under it without a lawful excuse. To have an actionable claim, the contract must have been valid and enforceable, the obligation must have been clearly defined, the breach must have been material in the circumstances, and you must have suffered a real loss as a result. A breach of contract lawyer can assess those elements quickly once you describe the situation and share the relevant documents.
What happens if someone breaks a contract in Ontario?
When a contract is broken in Ontario, the non-breaching party has the right to pursue legal remedies including damages, specific performance, injunctive relief, and in some cases rescission of the agreement. The appropriate remedy depends on the nature of the breach and the losses suffered. The basic limitation period for a breach of contract claim in Ontario is two years from the date the breach was discovered or ought to have been discovered. Missing that deadline can bar the claim entirely.
What kind of lawyer do I need for breach of contract?
You need a civil litigation lawyer with experience in contract disputes. A breach of contract lawyer assesses the strength of your claim or defence, advises on the most effective strategy, and represents you in negotiations, mediation, and court proceedings where necessary. Look for a lawyer with commercial litigation experience who practices in the province where your dispute arose, since the procedural rules in Ontario and BC differ in important ways.
What is the penalty for breach of contract in Ontario?
There is no fixed penalty for breaching a contract in Ontario. The primary remedy is compensatory damages designed to put the non-breaching party in the position they would have been in had the contract been honoured. Where the contract contains a liquidated damages clause, that amount may be recoverable if it represents a genuine pre-estimate of loss rather than an unenforceable penalty. Courts will not enforce penalty clauses that are out of proportion to the legitimate interest being protected.
How long do I have to sue for breach of contract in Ontario?
In Ontario, the basic limitation period for a breach of contract claim is two years from the date you discovered or ought to have discovered the breach. In BC, the same two-year discovery-based period applies under the Limitation Act. Missing the limitation period can bar your claim entirely, even where the breach is clear and the loss is significant. If you are uncertain whether your claim is within time, get legal advice promptly rather than waiting.
Do I have to go to court to resolve a contract dispute?
No. Many contract disputes are resolved through a demand letter, negotiation, or mediation without going to trial. A well-drafted demand from a breach of contract lawyer often produces a response and opens the door to resolution, particularly where the other party has no genuine defence and simply needs legal involvement to prioritize payment. Courts are an option of last resort, not the first step. That said, preparing every matter as though it will proceed to court is what creates the leverage to resolve it well at an earlier stage.
Can I get a free consultation with a breach of contract lawyer?
Achkar Law offers an initial consultation to assess your situation and advise on whether a claim is worth pursuing and what the process involves. Use the form below or call us at 1-800-771-7882 to get started. We act for clients across Ontario and British Columbia on breach of contract and contract dispute matters.
Do you handle breach of contract in Vancouver and BC?
Yes. We have an office in Vancouver and act on breach of contract and contract dispute matters before the BC Supreme Court. Whether your contract dispute arose under BC law, involves BC parties, or requires advice on BC court procedures, we can advise and represent you. We also handle cross-provincial matters involving contracts with parties in both Ontario and BC.
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Breach of Contract Lawyers in Toronto, Ottawa, and Vancouver
Whether you are pursuing a contract dispute claim or defending against one, early legal advice is the most effective step you can take. The remedies available and the strength of your position depend heavily on when you act.
Tell us about your situation using the form and we will follow up promptly to discuss your options. There is no obligation. This is a starting conversation.
Call toll-free: 1-800-771-7882
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Note: Phone calls, consultations, forms, and emails sent to us do not create a lawyer-client relationship and do not constitute legal advice.