Commercial & Business Litigation

We understand that protecting your business is your top priority. At MBB Litigation, we can get to the heart of any commercial dispute and provide you with the best possible outcome. We frequently handle challenging, high-profile litigation matters and know what it takes to get you the result you need.

Commercial litigation often has two sides of the same story. We understand that business people sometimes do not keep good records and there are often verbal discussions not evidenced in writing. Circumstantial evidence becomes important in those scenarios.

Commencing litigation can be made in the Commercial list, if client’s business is in Greater Toronto Area, and there the court has an experienced team of judges that can resolve the matter quickly. Commencing an action will sometimes take a long time with both sides filing their respective pleadings, followed by examination for discovery. If the facts are not in dispute or that based on a set of undisputed facts, the opponent should be prevented from continuing to manage the business due to obvious mismanagement, then we may be able to commence the proceedings by way of an application, and then we can set a date for hearing immediately. If the motion for resolution becomes successful, the matter will very often come to an end quickly. That is why it is important to map out a strategy.

Sometimes we can use the same venue for an interpretation of the contract or some legal points in dispute, and again we can quicken the resolution without going to a full trial.

Examination for discovery has often been treated as not significant, but a good discovery of documents, followed by good examination, will sometimes set the stage for a quick resolution as well. When the evidence becomes obvious and that the opponent has made certain admissions or does not dispute certain facts, the case becomes much stronger on our side. This will lead to significant advantage when there is a settlement.

Mareva injunction is another tool that will freeze the assets of the opponent when there is an attempt to evade the fruits of litigation by disposing of the assets prior to the conclusion of the matter. There are significant backlog in court hearings in Greater Toronto Area, and therefore, a client that wait for the normal outcome of a hearing may find that the opponent has already disposed of all of the assets, and the judgement obtained can be an empty judgement with little chance of recovery.

The principle of fraudulent conveyance is also another important tool to try to obtain the assets from a judgement creditor.  Basically, if the opponent is attempting to dispose of the assets prior and client has not obtained a Mareva injunction, then we can trace the disposition of those assets and try to recover them if they are recent dispositions.