Business Lawyer Vancouver
Business disputes have statutory deadlines called “limitation periods”. These deadlines may prevent you from taking legal action. Please contact us immediately if you have any type of business dispute.
Our main goal is to resolve your dispute in the most effective and timely way. Our business lawyers are skilled negotiators and can help resolve your matter outside of court in an efficient manner. Depending on the circumstances, the use of alternative dispute resolution techniques can be strategic.
That being said, we are experienced advocates and can represent you at the Supreme Court, Court of Appeal, Small Claims, Federal Court and Tax Court levels. We can also represent you before tribunals and administrative bodies. Let us help represent your business and commercial interests.
There are many types of business disputes which arise during the course of commerce.
The following are types of business disputes we can handle for you:
Contract Disputes:
A contract is a legally binding agreement between parties, where there is an offer to provide goods or services and the other party agrees. The contract formalizes the understanding. The parties to a contract can be a person, company or an organization. Contracts are the basis for all business transactions and disputes often arise.
There can be many reasons for a contract dispute, including: a failure to disclose, quality issues, oral agreements, misunderstandings and even fraud. In some cases, deals are often made on a handshake or perhaps a few emails between parties. Incompleteness and vagueness often lead to contract disputes.
At times, when contracts have gaps certain aspects of law can be incorporated into the agreement. Not all business contracts have detailed verbiage regarding the quality of the products or services to be provided.
We can help negotiate with the other party so that the contract can be fulfilled as intended. However, when it is not possible to arrive at a positive resolution through negotiation or mediation, we have the legal skills to pursue arbitration or trial to achieve your goals.
Breach of Contract:
A Breach of Contract is the inability or unwillingness of one party to fulfill their contractual agreement. Some contracts include wording defining what happens if a party fails to perform their duty under the agreement. If this is not the case, the ‘innocent’ party can go to court seeking a remedy. Remedies that could be won are:
- Monetary damages (compensation for your loss);
- Restitution (to have what you gave returned)
- Rescission (set aside the contract)
- Rectification (court orders a change in a written document to reflect what it ought to have said); and
- Specific performance (forcing the other party to live up to the contract).
The court can also issue an injunction preventing the temporary or permanent breach of an agreement. The remedy that the court will provide depends on the breach. There are fundamental breaches, which go to the ‘root of the contract’, which deprives a party substantially the whole mutually intended benefit of the agreement.
Breaches can also occur because of mistakes, duress, undue influence, unconscionability and material misrepresentation. If you believe that you did not breach your contract, but are being accused of doing so, we have the skills necessary to help defend a breach of contract. There are certain strategies that can be used. Did the other party take reasonable steps to mitigate their damage? Parties are required to mitigate their damages due to a breach of contract and must take ‘reasonable steps’ in doing so. Contact us to get advice.
Partnership Disputes:
There are different types of partnerships and most partnership agreements clearly establish the roles and responsibilities of each partner. We can help represent family members, business owners and partners involved in a number of disputes. There can be partnership disputes and disagreements, accusations of fraud, misappropriation of funds, commingling, breach of fiduciary duty, sale or dissolution disputes, or buy / sell disputes. We are sensitive to the fact that many partnerships are between friends and family. We understand the politics of partnerships and can help resolve your issues so the parties involved can move forward.
Breach Of Fiduciary Duty:
A fiduciary duty is the obligation to act in the best interest of another party or corporation. A fiduciary holds a legal or ethical relationship of trust. Stock brokers, real estate professionals, investment advisors and even lawyers have a fiduciary duty to act in their clients’ best interests. Clients and shareholders have a special form of trust, confidence or reliance upon the fiduciary to exercise competence. If you are a shareholder or a client, and a fiduciary is acting in their own interests or is attempting to achieve personal benefit or gain at your expense, please contact us.
Real Estate Disputes:
Disputes can arise out of residential and commercial real estate transactions and we can help enforce your rights and remedies under contact and common law. The Equity Act, Land Title Act, and Property Law Act all define and regulate rights and obligations of parties involved in real property transactions. Remedies can also be sought for a breach of contract or misrepresentation. We can help you if the condition of the property is not as represented, even after the transaction has been completed.
We also deal with landlord tenant disputes, including issues with lease renewals, rent increases, termination and eviction. Disputes with easements, rights of way, caveats, liens and other charges against real property.
Construction Disputes:
We can represent you in construction disputes, whether you are an owner, builder, contractor, subcontractor, developer, investor, buyer or material supplier. Our lawyers understand the entire construction process. We will efficiently manage the details of your case. Whether it be a builder’s lien, delay, an insurance related matter, warranty dispute, or any other related construction claim, we have the requisite knowledge to protect our clients’ commercial interests before the courts.
We also handle loan disputes, nondisclosure and trade secret violations and other litigious business claims. Gertsoyg & Company will tailor our approach to your specific needs and tell you your chances of success. We will work with you to establish clear objectives for your dispute. We understand the stakes are high. Our dedicated team has what it takes to help contain your legal issues.
