Blog · May 21, 2018

5 Things Business Owners Need to Know About Commercial Litigation

Whether a dispute arises between a customer, the vendors, competitors or other businesses, or government agencies, understanding some things about commercial litigation and the process can be beneficial in going about the legal matters and can even save you both time and money in the future.

1. Commercial Litigation Is Broad

Keep in mind that commercial litigation is extremely broad, and it’s important to understand where you stand in the matter, as well as understand the nature of the dispute that arises. Commercial litigation covers virtually any issue that arises within an organization, and you need to be able to recognize what you are getting into. Is it a contractual dispute? Is it consumer fraud? Understanding the various issues and how they happen can help you identify them and proceed with reasonable actions.

2. Degree of Legal Exposure

Understanding the degree of legal exposure will allow you to make more educated decisions and take better preventative measure regarding legal matters. It’s important to understand the various set of concerns that you may be experiencing with your business, given that different products and business environments may generate totally different legal climates.

3. Importance of Records and Paper Trails

First of all, keeping good records is an excellent company practice and can help you in a legal dispute as well.

A solid record of important transactions or conversations dealing with materials, manufacturing, payments, and customer info, among other things, ensures that you are adequately prepared in the event of a legal dispute. When your files are organized, they can be easily accessible and extremely useful for building and even proving your case. It also allows you to be honest and back up what you say with documentation.

Additionally, however, remember that being dishonest may backfire, and if a paper trail exists, it’s important that you remain honest because getting caught in a lie is that last thing you want when trying to prove a case.

4. Preparation


Legal disputes are often unpredictable, but there are preparation measures you can take. Part of that may come from simply being organized, and that may even require assigning an employee to strictly work on the filing and organization of important company documentation. There is other excellent software available specifically for this and utilizing some of this software can set your business on a successful path.

5. Why You Shouldn’t Wait Until Last Minute

Waiting until the last minute for anything is often a terrible idea, and this goes for commercial litigation Toronto as well. In addition to being fully prepared for a legal dispute to arise, you should also set yourself up with an attorney as well.

If you don’t already have a designated commercial lawyer, finding one before a dispute arises is very much advised. Searching for an attorney beforehand will allow you to make a better decision and approach the process more carefully, but waiting until last minute might force you to settle for an attorney you not only aren’t familiar with, but one that may be inexperienced, among other things.