Commercial litigation disputes are a reality of running a business in Canada. Whether a relationship has broken down, a debt has gone unpaid, or intellectual property has been infringed, understanding the commercial litigation process in Canada is an important first step. At DOBRMAN, we approach commercial litigation disputes strategically. We pride ourselves on our record at obtaining early settlements and helping our clients avoid costly legal disputes.
Cause of Action. A cause of action is the legal basis upon which a claim is brought — the specific right alleged to have been violated and the resulting harm. Identifying a valid cause of action is the starting point of any dispute.
Limitation Periods. Canadian law imposes deadlines on when a legal claim can be started. In Alberta, the Limitations Act establishes general time limits within which a claimant must act or risk losing the right to bring a claim entirely.
Pre-Litigation Resolution. Many commercial litigation disputes are resolved before any court filing through demand letters, negotiation, or mediation. These processes are often faster, more cost-effective, and less disruptive than formal litigation.
Burden of Proof. In civil proceedings, the party bringing a claim (the Plaintiff) generally bears the burden of proving their case on a balance of probabilities — meaning it is more likely than not that their version of events is correct. The Plaintiff must supply sufficient evidence to satisfy its burden of proof.
Limitations Act, RSA 2000, c L-12 — Governs the time limits for commencing civil claims in Alberta.
Alberta Rules of Court, Alta Reg 124/2010 — The procedural rules governing civil litigation in the Court of King’s Bench of Alberta and Court of Appeal of Alberta.
Court of King’s Bench Act, RSA 2000, c C-31 — Establishes the jurisdiction of Alberta’s superior trial court for civil matters.
Court of Justice Act, RSA 2000, c C-30.5 — Governs the Alberta Court of Justice, which handles civil claims up to $100,000 under a streamlined process.
Federal Courts Act, RSC 1985, c F-7 — Governs the jurisdiction of the Federal Court of Canada, which has exclusive jurisdiction over Federal legal matters.
Arbitration Act, RSA 2000, c A-43 — Governs the conduct of domestic arbitration in Alberta.
International Commercial Arbitration Act, RSA 2000, c I-5 — Governs international commercial arbitration in Alberta.
Breach of Contract. Disputes arising when one party to a commercial agreement fails to perform their obligations, whether by non-payment, failure to deliver, or departure from agreed terms, are a foundational area of commercial litigation in Canada.
Shareholder & Partnership Disputes. Conflicts between co-owners of a business — including disagreements over management decisions, profit distribution, or alleged breaches of a shareholder agreement — can give rise to complex litigation with significant consequences for the business itself.
Employment Disputes. Claims arising from the termination of employment, alleged breaches of employment agreements, or violations of the Employment Standards Code are a frequent source of civil litigation in Alberta.
Intellectual Property Disputes. Businesses that create original works, build recognizable brands, or develop proprietary technology may find their rights challenged or infringed — giving rise to claims under Canadian intellectual property law.
Defamation & Reputational Harm. Businesses and individuals operating online are increasingly exposed to false or damaging statements made through digital channels, social media, or review platforms, which can form the basis of a defamation claim.
What does a commercial litigation lawyer do? A commercial litigation lawyer assists businesses and individuals in navigating legal disputes that arise in a commercial context — including contract disputes, debt recovery, employment claims, and intellectual property conflicts. A commercial litigation lawyer assesses the strength of a client’s legal position, advises on the most appropriate forum and strategy, and represents clients through demand letters, negotiation, mediation, and — where necessary — court proceedings. At DOBRMAN, our commercial litigation practice is focused on resolving disputes as efficiently as possible, treating litigation as a last resort while being fully prepared to advocate for clients when it matters most.
What is the difference between the Alberta Court of Justice and the Court of King’s Bench? The Alberta Court of Justice handles civil claims up to $100,000 through a simplified and more accessible process. The Court of King’s Bench is Alberta’s superior trial court with no monetary ceiling on civil claims. The appropriate forum depends on the nature and value of the dispute.
Can a business dispute be resolved without going to court? Many commercial disputes in Canada are resolved through negotiation, mediation, or other forms of alternative dispute resolution without ever reaching a courtroom. Courts in Alberta increasingly encourage parties to explore these options before proceeding to trial.
What is the difference between mediation and arbitration? Mediation is a facilitated negotiation process where a neutral third party helps the parties reach a voluntary resolution. Arbitration is a more formal process where a neutral arbitrator hears both sides and renders a binding decision. Both are alternatives to court proceedings.
What is a demand letter? A demand letter is a formal legal demand requesting that the recipient take a specific action — such as making a payment, ceasing an activity, or fulfilling a contractual obligation — within a defined timeframe. It is typically the first step in a dispute before formal proceedings are initiated.
How are court costs handled in Alberta litigation? In Alberta civil proceedings, courts have discretion to award costs — a contribution toward legal fees — to the successful party. The amount awarded is governed by the Alberta Rules of Court and does not typically cover the full amount of a party’s actual legal expenses.
This information is for education and entertainment purposes only. It is not intended to be legal, business, or other professional advice to be relied on. Do not make or refrain from any decisions on the basis of this information. Please contact us to receive advice from a qualified lawyer. View our Terms of Service for more information.