Morse Shannon LLP | Personal Injury | Personal Injury Guide

Commercial litigation is a term of broad application which describes litigation between parties over matters of business or commerce. It may involve disputes between businesses, disputes between individuals and businesses, partnership disputes, shareholder rights disputes, or any other dispute when parties seek to secure their rights, assets, or money. Experienced counsel in commercial litigation is required since it can be an expensive and time consuming process if not undertaken with the required expertise.

At Morse|Shannon LLP, we know your priority as a business owner or manager is developing and running your business - not litigation. Our lawyers have the experience and skills to help you resolve commercial litigation matters as effectively and efficiently as possible so you can get back to business as usual.

OUR AREAS OF EXPERTISE
The following is a list of the types of commercial litigation matters our lawyers regularly handle at Morse| Shannon LLP, though this list is by no means exhaustive:

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FRAUD AND ASSET RECOVERY (INCLUDING EMERGENCY LITIGATION)

Fraud is on the rise. Increasingly, fraudsters are employing technology and legal protections such as privacy legislation to steal from innocent individuals and businesses. If you have been the victim of fraudulent acts, the lawyers at Morse|Shannon LLP have the expertise to help you recover what has been taken from you, and to preserve your assets to protect them from being further exploited and stolen by fraudsters and recover what has been taken. Our lawyers are skilled in obtaining injunctive relief for our clients on an emergency basis, and regularly obtain Mareva Injunctions, Norwich Orders, and other orders requiring the interim preservation of property.

BREACH OF CONTRACT

Contracts are a fundamental element of commerce, and certainty in the interpretation of contracts and parties’ performance of their obligations under contracts allows business to function efficiently. Parties to agreements must be able to rely on the commitments made by other parties to agreements, or to seek compensation when such parties fail to abide by their contractual obligations. However, disputes between parties over the interpretation of their rights and obligations under contracts are common. At Morse|Shannon LLP, we vigorously litigate your contractual disputes to help you get the deal you bargained for

BREACH OF DUTIES (FIDUCIARY, LOYALTY AND OTHERS)

Whether in employment relationships, partnerships or corporations, individuals owe legal and equitable duties to the parties with whom they interact. Directors and officers of corporations are fiduciaries of the corporation. Partners are fiduciaries to a partnership, and senior employees who depart their employment can owe fiduciary duties or duties of loyalty to their former employer. If such individuals breach their duties, and act in their own self interest to the detriment of the partnership, corporation, or other parties, they may be liable for damages to those individuals or entities injured by their conduct.

SHAREHOLDER RIGHTS (INCLUDING OPPRESSION AND DERIVATIVE ACTIONS)

Shareholder rights litigation is complex, and involves disputes between corporations and their shareholders, or between shareholders seeking to obtain control of the corporation or seeking a fair exit due to being oppressed by a majority, typically opposed by the majority shareholders. When corporations or majority shareholders fail to treat shareholders fairly, or when directors or officers of corporations act improperly, shareholders may have remedies through litigation which can protect their interest with respect to their investments.

CORPORATE GOVERNANCE

Litigation over corporate governance occurs when shareholders, officers, or directors of corporations have disputes over the management and operation of the corporation. These struggles for control over corporations can be complex, and can seriously diminish the value of corporations’ shares and capital. At Morse|Shannon LLP, our goal as counsel in corporate governance disputes is to efficiently litigate to advance our clients’ positions.

PARTNERSHIP DISPUTES

Disputes between partners in business can and do occur when partners disagree over their respective rights and obligations in the partnership, the business of the partnership, the management of partnership, or when partners breach their duties to the partnership. Partnership disputes are often complex and can be emotionally charged, particularly because many partnerships may involve family members. At Morse|Shannon LLP, we ensure our clients obtain the best possible result in partnership disputes, and that our clients do not suffer harm, or the harm they do suffer is minimized when they are wronged by a partner.

REGULATORY DISPUTES

Federal and provincial regulations on business in Ontario in some cases stringently confine businesses and their operations. Often, regulations can impede businesses’ abilities to grow and succeed. If your business has run afoul of government regulations and is now facing regulatory litigation, we can help you resolve your dispute so your business can continue to develop and move past allegations of regulatory violations.

COMPETITION LITIGATION

Canada’s Competition Act imposes restrictions on the growth and operation of businesses in Canada. Whether for abuse of dominance, price fixing, or cartels, businesses which run afoul of the Competition Act could face criminal sanctions and the imposition of fines. If your business has been impeded by the Competition Bureau, we can offer experienced competent counsel to assist in your competition related dispute.

FIRST NATIONS LITIGATION

Disputes involving First Nations rights claims are highly technical, and result from the conflict between the rights of Canada’s aboriginal persons, and municipal, territorial, provincial or federal governmental bodies, or in some circumstances, private interests. The complexity of litigation involving aboriginal rights stems, in part, from the complex nature of the rights of First Nations people in Canada, which are prescribed in statutes and treaties dating back to the seventeenth century, and include the Constitution Act, 1867, and the Constitution Act, 1982. The lawyers at Morse|Shannon LLP have a broad range of experience litigating disputes related to First Nations rights and property claims. If your rights or property are at risk, we have the experience necessary to help assert your entitlement to property.

REAL ESTATE AND LEASING DISPUTES

If parties enter into real estate transactions or leasing agreements and fail to abide by the agreements they have negotiated, real estate related litigation may be necessary. Real estate disputes can also involve conflict between provincial or municipal regulatory agencies for zoning and development related issues. If you are experiencing a real estate related dispute, we can help you resolve the conflict, and preserve your rights in your property or assert a right to property.

FRANCHISE LITIGATION

Franchise disputes arise when franchisors and franchisees disagree over the terms of their relationship, and their respective rights and obligations. This specialized area of commercial litigation is highly technical. At Morse|Shannon LLP, we have a broad range of experience in franchise related litigation, and we will vigorously advocate for your rights in your franchise relationship.

PROFESSIONAL LIABILITY

Accountants, lawyers, investment advisors, and other professionals are obligated to undertake their professional responsibilities in a manner in conformity with the accepted standards of competence. If you have been victimized by a professional who has failed to meet these practice obligations, you may be entitled to compensation for the damages you have suffered. At Morse|Shannon LLP, we can help you deal with the damage done by negligent or fraudulent professionals, to preserve your property and to compensate you for your losses which result from such shortcomings.

MISREPRESENTATION, DEFAMATION, TRADE LIBEL AND BREACH OF CONFIDENCE

In order for commerce to function efficiently, businesses must accurately represent the qualities of their products and services. If you have been misled by misrepresentations by businesses, or if you have been accused of misrepresentation, we can help you obtain, redress or set the record straight.

Businesses and individuals are limited in the extent to which they may speak critically of their competitors, or other individuals. If a business or individual makes statements about other businesses or individuals which are untrue, false, or misleading, and which aim to lower the reputation of the subject of the comments in the estimation of others, those businesses may be liable. At Morse|Shannon LLP, our lawyers have the expertise to aggressively prosecute or defend claims relating to defamation, slander and libel.

INTELLECTUAL PROPERTY, (PATENT, COPYRIGHT, AND TRADEMARK LITIGATION)

Intellectual Property litigation arises from disputes between parties over ownership rights in ideas, inventions, artwork, and other assets which are created through personal ingenuity and creativity. A person who uses their personal skill, talent, or ideas to create new inventions, compositions, writing, paintings, sculptures, or other innovations, is entitled to property rights in the innovation to the extent that it is original. These property rights are protected under Canadian law, and as a result, unauthorized duplication or appropriation of innovations may impose liability on wrongdoers. At Morse|Shannon LLP, our lawyers have the experience necessary to effectively and vigorously litigate for our clients’ intellectual property rights. We will vigorously prosecute your case to ensure you or your business gets the credit deserved for your innovation.

COMMERCIAL ARBITRATION

Sophisticated parties with complex commercial disputes may prefer to keep the details of their businesses and their disputes out of the public eye of open court. In such circumstances, private dispute resolution processes such as arbitration are an excellent option. Our lawyers are skilled and experienced arbitration counsel, and have acted on many commercial arbitrations. If you are a manager or owner of a business seeking an expedited and private dispute resolution process, we can help you resolve your dispute using commercial arbitration.