CORPORATE / COMMERCIAL LITIGATION AND INSOLVENCY

Another large practice area of our firm is corporate/commercial litigation. There are many examples of the types of disputes that form this practice area but we will refer to three examples to illustrate the services we provide our clients.

First, we act for shareholders or corporations in cases of closely held companies where a rift has developed amongst the shareholders typically leaving a ‘majority’ group controlling the company and a disgruntled ‘minority’ group. These cases often evolve into situations where the minority alleges that the majority has abused its control position to derive inappropriate benefits or to prejudice the position of the company itself. In such cases, both the British Columbia and Federal corporations statutes empower shareholders to bring either “oppression” applications, where it is alleged the majority has treated the minority unfairly, or “derivative” applications, where it is alleged that the company’s rights have been abused. In such actions, the court has wide latitude to fashion an appropriate remedy. In other cases where there is simply a deadlock between shareholders concerning the conduct of the company’s affairs, an application can be brought to wind up the company.

Second, we act for business people and corporations in cases of a breach of contract. Such cases can cover a wide spectrum but are usually based on the alleged breach of one party’s obligations under a contract. The breach can be as simple as the failure to pay money when it is due or the breach may be more complex involving allegations of failures to provide an agreed to level or quality of service.

Third, we have experience acting for lenders seeking to realize on their mortgage security in foreclosure proceedings.  Because we have offices in both Vancouver and Victoria, we are able to provide services in respect of proceedings commenced in the Vancouver, New Westminster and Victoria Registries of the Supreme Court.

In all such cases, we understand that business people expect to receive efficient and cost effective solutions to their business problems and we design and implement our advice and services accordingly. We are happy to provide litigation budgets and discuss fully the various options available to resolve disputes including negotiation, mediation and court applications such as summary trials.