Commercial and civil litigation lawyer in MontrealWhen negotiation
is no longer enough.
Commercial and civil litigation
The best dispute
is the one you avoid.
A commercial dispute costs more in owner time than in legal fees. Before starting proceedings, the first question is always the same: what are you trying to obtain, and is there a shorter route to it.
We therefore begin by measuring the real value of the file, the strength of the evidence and the solvency of the other side. A judgment against an empty company is worth nothing, and that check happens before, not after.
Where negotiation or mediation is no longer enough, we litigate. Preparing a commercial litigation file, however, starts long before the hearing: it starts with methodically building the evidence.
What we do
From disagreement
to judgment.
Assessing your position
Value of the file, strength of the evidence, applicable prescription, solvency of the other side. A frank opinion on your chances, before you incur costs.
Demand letter and negotiation
A well-drafted demand letter settles a significant share of disputes. It also fixes the starting point for interest and damages.
Contractual non-performance
Failure to deliver, defective work, non-payment, wrongful termination. Specific performance, price reduction, damages or resolution of the contract.
Latent defects and warranties
Recourse against the seller, manufacturer or contractor, notice within a reasonable time, expert evidence and impleading earlier parties in the chain.
Mediation and private modes
The Code of Civil Procedure requires parties to consider private dispute resolution before turning to the courts. Mediation often resolves matters faster and at lower cost.
Representation before the courts
Court of Québec, Superior Court, Small Claims Division where the amount allows. Urgent proceedings where the situation calls for them.
Services
- Contract claims
- Latent defects and poor workmanship
- Mediation and arbitration
- Enforcement of judgments
Frequently asked questions
What we are asked most.
How long does commercial litigation take in Quebec?
One to three years before the Superior Court depending on complexity and the district’s caseload, often less before the Court of Québec. Most files settle before the hearing, frequently at the settlement conference.
What is the deadline to sue?
The general prescription period is three years from knowledge of the injury, but shorter periods apply in certain cases. Once prescription is acquired the right of action is extinguished, which makes it the first thing to verify.
Can I recover my legal fees?
Generally not in Quebec. The winning party recovers legal costs, which cover only a fraction of actual fees. Some contracts do provide for reimbursement of fees on default, which changes the calculation.
Is it better to negotiate or to sue?
The question turns on three elements: the value of the file, the strength of the evidence and the solvency of the other side. An excellent file against an insolvent company remains a poor investment.
Two texts that often precede proceedings: the demand letter, your first strategic move, and your client goes bankrupt, where solvency becomes the real subject.
A dispute under way?
A meeting gives you a frank assessment of your chances, the likely cost and the shortest route to a settlement.
Book a consultationCivil & Litigation
The other services in this area.
A file rarely fits in a single category. Here is what the firm handles around this subject.
Insights
To go further.
Three readings that extend this subject, if you would rather read up before speaking with us.
A question about this process?
Describe your situation in a few lines. We usually reply within one business day.