Business disputes

Commercial litigation

Commercial disputes are usually easier to manage when the legal theory, documents and business objective are identified early.

Overview

What this practice covers

Drury accepts select commercial litigation matters where focused counsel involvement and careful case architecture can add value. The firm’s approach emphasizes the governing documents, the financial record, the practical objective and the procedural steps needed to preserve leverage without creating unnecessary litigation.

Contract disputes

Interpretation, performance, payment, termination, damages and disputes over what the parties agreed to do.

Shareholder and closely held business disputes

Conflicts involving ownership, management, access to information, shareholder expectations and the breakdown of business relationships.

Financial and accounting disputes

Claims that turn on corporate records, transactions, payments, distributions, loans or the reconstruction of a financial history.

Urgent remedies

Situations where injunctions, preservation orders or other interim relief may be required to prevent an irreversible change before trial.

Negotiated exits and settlements

Resolving disputes through structured negotiation where the business relationship, confidentiality or speed makes a negotiated outcome preferable.

Litigation through trial or appeal

Pleadings, documentary production, examinations, motions, expert evidence, trial preparation and appellate review where required.

How the dispute is framed

A strong commercial case starts with the agreement, the chronology and the documents. The legal claim matters, but so do collectability, cost, operational disruption and whether an early procedural step will materially change the parties’ positions. Those considerations should be assessed before the litigation becomes self-propelling.

Alberta and Ontario

Commercial claims are affected by provincial legislation, court rules, contractual jurisdiction clauses and limitation periods. Alberta and Ontario have different procedural rules and statutory frameworks, so the correct forum and remedy should be considered at the outset.

This page provides general information only. The legal framework, available remedies and deadlines depend on the facts and jurisdiction. It is not legal advice.

Questions clients often ask

Does every contract dispute require a lawsuit?

No. Some disputes are better resolved through direct negotiation, mediation or a structured business separation. Litigation becomes more likely where liability is genuinely disputed, urgent relief is required or a negotiated process stalls.

What documents matter most at the beginning?

The signed agreement, amendments, key correspondence, invoices, financial records, corporate documents and a reliable chronology are often the starting point.

Can the court stop someone from taking an urgent step?

Interim injunctions and preservation remedies may be available in appropriate cases, but the legal tests are demanding and the evidence must be assembled quickly.

Do you take every commercial dispute?

No. Drury accepts select matters where the dispute fits the firm’s litigation model and the scope of the case justifies close counsel involvement.

Focused advice

Start with the issue that could change the case.

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