Kahn Zack Ehrlich Lithwick LLP
Barristers & Solicitors
300 - 10991 Shellbridge Way
Richmond, British Columbia
V6X 3C6

Tel: 604.270.9571
Fax: 604.270.8282

Corporate - Commercial Litigation

Has someone broken their contract with you? Are you involved in a dispute with your partner or another shareholder? Is an employee suing your company for wrongful dismissal? Do you have a dispute with a business associate, client or customer over the payment of debt? We can help you with these and other commercial disputes. Our experienced commercial litigation group provides a full range of litigation services, including assistance with the following:

  • shareholder/partnership disputes
  • employer/employee relations
  • contract disputes
  • debt collections
  • construction disputes
  • builders' liens
  • real estate disputes
  • insurance claims

We can also represent you in "ADR" (alternative dispute resolution) options such as arbitration or mediation. We can assist you in navigating through the various forms of dispute resolution options to help you achieve the best results.

Many factors will influence your decision to start or continue with a legal action, even if you have a good case. Some of these factors are as follows:

ADR

Negotiating a settlement or reaching an agreement through mediation is often the most economical and practical way to resolve a legal problem, although sometimes your opponent may not be prepared to participate in an ADR process unless you first commence a lawsuit.

Time Limits

Most lawsuits must be started within certain time limits. If you're suing to collect money owed, or for a broken contract, the action must usually be started within six years from when the claim arose. There are other time limits as well, which are sometimes very short. If you miss a time limit, you probably won't be able.

The Evidence

Whether you win or lose largely depends on the evidence and how the court interprets it. Are your witnesses credible? Will the judge prefer the testimony of your expert witness over that of the other party's? Do you have the documents that prove there was a contract? The assessment, assembly and preparation of evidence for trial, at as early a stage as possible, is one of the keys to conducting a successful claim. We can assist you with these tasks.

Timing

Do not expect instant results. While there are procedures available for expedited hearings, in cases where they are not appropriate, it can take up to two years or more to go to trial. There are many pre-trial procedures that usually must take place first.

Costs

If you win your case, the costs the court may award you often cover only a portion of your legal fees. If you lose, you will be responsible for your lawyer's fees and probably some of the other party's fees and expenses.

Recovery

Even if you obtain a judgment in your favour, you still may not recover any money. If the defendant has no income or assets, your win may only be a moral victory. Although a defendant can't hide his assets or fraudulently transfer his property to escape responsibility, it may be difficult and expensive to uncover and prove he has done so. We can give you valuable advice at the outset as to the difficulties you might encounter in attempting to recover on a judgment.

Small Claims Court

You can pursue a claim in Small Claims Court if your claim does not exceed the present limit of $25,000. If your claim marginally exceeds that limit you may simply abandon any excess amount and proceed in the Small Claims Court. If you decide to use Small Claims Court, you may still find it helpful to consult a lawyer to help you assess the merits of your position. Being aware of these factors will help you be realistic in your expectations. We can provide you with the expert practical advice to assist you in deciding how you wish to proceed.


The foregoing provides information only and is not to be relied on for legal advice.

Lawyers practicing in Corporate - Commercial Litigation:


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