Commercial Litigation Lawyer Serving Vancouver
Commercial disputes can disrupt your operations, damage business relationships, and put your financial interests at risk. Whether you are facing a breach of contract, a partnership conflict, a construction claim, or any other business dispute, you need experienced litigation counsel who understands both the law and the commercial realities of your situation.
Whether you’re a small business or an established business leader navigating the complexities of business disputes, our Vancouver commercial litigation lawyers are ready to provide expert guidance to help your business thrive.
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 commercial litigation 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.
What Is Commercial Litigation?
Commercial litigation is the process of resolving business-related disputes through the court system or alternative dispute resolution mechanisms. Unlike transactional business law, which focuses on drafting contracts and structuring corporate entities, commercial litigation arises when agreements break down, obligations go unfulfilled, or business relationships deteriorate into conflict.
Commercial litigation matters in British Columbia are typically heard in the Supreme Court of British Columbia, though smaller claims may be resolved in Provincial Court (Small Claims). The litigation process generally involves pleadings, document discovery, examinations for discovery, and ultimately trial or settlement. Many disputes are resolved before trial through negotiation, mediation, or arbitration.
At Gertsoyg & Company, our commercial litigation lawyers guide clients through every stage of this process, from the initial assessment of your claim through to resolution — whether that resolution comes at the negotiating table, through alternative dispute resolution, or in the courtroom.
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.
Our commercial litigation lawyers in Vancouver have extensive experience representing businesses in contract disputes across all industries, including technology, real estate, construction, and professional services.
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 and Shareholder 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.
Shareholder disputes are equally complex and can arise in closely held corporations where a small number of shareholders have invested in the enterprise. When majority shareholders act in a manner that is unfairly prejudicial to minority shareholders, the affected parties may seek oppression remedies under British Columbia’s Business Corporations Act. Remedies available to oppressed shareholders include court-ordered buyouts, changes to corporate governance, and orders restraining the oppressive conduct.
We also assist shareholders and partners with derivative actions, disputes over dividend distribution, disagreements about corporate direction, and claims arising from the dissolution or winding up of a business. Whether you are a majority or minority shareholder, our commercial litigation team can advise you on your rights and the most effective strategy to protect your investment.
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.
Our Dispute Resolution Approach
Not every commercial dispute requires a trial. At Gertsoyg & Company, we evaluate every matter to determine the most effective resolution strategy based on the nature of the dispute, the relationship between the parties, the amounts at stake, and your commercial objectives. Our litigation lawyers are experienced in all forms of dispute resolution.
Negotiation & Mediation
Many business disputes can be resolved through direct negotiation or structured mediation. Mediation involves a neutral third party who facilitates discussion and helps the parties reach a mutually acceptable agreement. Mediation is confidential, typically faster than litigation, and allows the parties to maintain control over the outcome. Our lawyers are skilled negotiators who know how to achieve favourable results at the mediation table.
Arbitration
Arbitration is a private, binding process where an independent arbitrator hears evidence and arguments from both sides and renders a decision. Many commercial contracts contain arbitration clauses requiring disputes to be resolved through arbitration rather than the courts. Our litigation team has extensive experience presenting cases before arbitrators in British Columbia and can advise you on whether arbitration is the right approach for your dispute.
Litigation & Trial Advocacy
When negotiation, mediation, or arbitration cannot achieve a satisfactory result, we are prepared to take your case to trial. Our experienced advocates represent clients at the Supreme Court of British Columbia, the Court of Appeal, Small Claims Court, Federal Court, and Tax Court. We also appear before administrative tribunals and regulatory bodies. We approach every matter with thorough preparation, strategic thinking, and the courtroom skills necessary to present your case persuasively.
Why Choose Gertsoyg & Company for Commercial Litigation
When your business faces a legal dispute, you need litigation counsel who combines legal expertise with a practical understanding of commercial realities. Here is why Vancouver businesses trust Gertsoyg & Company:
- Proven results: Out of 383 clients who have returned their client appraisal surveys, 95% indicated they were very happy with the results achieved and would recommend our firm.
- Experienced advocates: Lawyers in our litigation practice have represented clients at every level of court in British Columbia, including the Supreme Court, Court of Appeal, Federal Court, and Tax Court, as well as administrative tribunals.
- Multilingual service: We serve clients in English, Cantonese, Russian, Punjabi, Ukrainian, Kurdish, Spanish, and French — reflecting the diversity of Vancouver’s business community.
- Strategic approach: We tailor our approach to your specific needs, clearly communicate your chances of success, and work with you to establish clear objectives for your dispute.
- Cost-effective resolution: We always explore negotiation, mediation, and arbitration before recommending trial, ensuring you are not spending more than necessary to achieve your goals.
Contact Our Commercial Litigation Lawyers
Commercial disputes rarely resolve themselves. Without timely legal action, limitation periods can expire, evidence can be lost, and your negotiating position can weaken. Whether you are dealing with a breach of contract, a partnership conflict, a construction claim, or any other business dispute, the experienced lawyers at Gertsoyg & Company are ready to protect your interests.
We have represented businesses across Greater Vancouver in every type of commercial dispute — from straightforward collection actions to complex multi-party litigation. With a 95% client satisfaction rate and the ability to serve you in eight languages, we combine legal skill with a genuine commitment to understanding your business and your goals.
Your initial consultation is free and confidential. We will assess the strength of your case, explain your legal options, and give you an honest evaluation of your chances of success — before you commit to anything.
Call 604-602-3066 (local) or 1-866-602-3060 (toll-free) to speak with a commercial litigation lawyer today. You can also complete the form below and a member of our team will contact you promptly.
