Corporate + Business Disputes
Key Contacts
Overview
Field Law’s commercial litigation lawyers advise and represent public and private corporations, owner-operated businesses, partnerships, joint ventures and not-for-profit organizations in complex business and commercial disputes.
We represent clients in a broad range of corporate and commercial disputes, including shareholder disputes, derivative actions, director liability, shareholder oppression, commercial real estate disputes and commercial leasing disputes. Working closely with our Business Law Group, our litigation lawyers provide strategic advice to organizations ranging from owner-operated businesses to multinational corporations.
We recognize that every dispute is different and tailor our approach to each client’s circumstances, objectives and business priorities. Where appropriate, we help clients pursue alternatives to litigation, including mediation, arbitration and judicial dispute resolution, with a focus on achieving practical and cost-effective outcomes. When necessary, we also employ pre-trial remedies such as Anton Piller Orders (civil search warrants) and Norwich Orders (a mechanism that compels a third party to preserve and provide evidence in its possession for use in litigation) to preserve evidence, obtain information and protect our clients’ interests.
Field Law lawyers have acted as court-appointed Independent Supervising Solicitors (ISS) in the execution of Anton Piller Orders and understand the unique legal and practical issues that can arise during their enforcement. When granting an Anton Piller Order authorizing a private party to seize and preserve evidence that is at risk of being destroyed, the court appoints an Independent Supervising Solicitor to help ensure that the rights and interests of all parties affected by the Order are protected.
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Faqs
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Can You Breach a Contract by Misleading the Other Party Without Lying?
Potentially. The duty of honest contractual performance prohibits parties from knowingly misleading each other about matters directly related to performing a contract. Misleading conduct can extend beyond an outright lie and, depending on the circumstances, may include half-truths, omissions or remaining silent after your own conduct has created a false impression. -
What Is the Duty of Good Faith in a Contract?
Canadian contract law recognizes duties of good faith that can affect how parties perform and exercise rights under a contract. Among other things, parties must perform contracts honestly and cannot knowingly mislead each other about contractual performance. Contractual discretion must also be exercised consistently with the purpose for which that discretion was granted. -
When can a shareholder dispute become a legal issue?
Shareholder disputes can arise over ownership, governance, management decisions, access to information, financing, distributions or the direction of a company. Legal advice can help shareholders, directors and businesses understand their rights, obligations and options for resolving the dispute.