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Commercial Litigation

Commercial Litigators in Calgary

We are experienced commercial litigators offering practical advice to help your business navigate conflict. We approach business conflicts differently: with your bottom line in mind. From controlling legal costs to protecting long-term relationships, we understand that the risk of commercial litigation extends well beyond the courtroom.

We help you understand and manage these risks, delivering outcomes that meet the goals of your business.

Our commercial litigation team has experience with a broad range of industry sectors

We understand your business. The sectors we service include:

  • Oil and gas
  • Commercial real estate
  • Construction
  • Real property development
  • Insurance and retail businesses.

We Ensure Your Litigation Strategy Matches Your Business Strategy

After ensuring that we understand your business and your business goals, we work with you to provide legal options that match your business priorities. These options might include a different negotiation strategy, mediation, arbitration or court proceedings. We will work with you to identify the expected costs, and likelihood of success.

Where going to court is necessary, we are well prepared. Our commercial litigators have extensive experience before all levels of Alberta’s Courts and with mediation and arbitration (including international arbitration).

We Are a Full-Service Commercial Litigation Group

Whether your matter requires a skilled business negotiator, complex trial work or alternative dispute resolution services like business-to-business mediation or arbitration, we are here to assist you. Our extensive experience includes:

Commercial Litigation Matters

A small, but representative, sample of recent matters handled by our litigators:

  • Representing a major shareholder in an oppression action against a local transportation company
  • Acting on behalf of an overseas construction company in a contract dispute with a local supplier
  • Representing an aerospace and defence manufacturer in a product liability case
  • Multi-party construction dispute related to construction deficiencies

I am a sole proprietor. Will you assist me?

We work for all sizes of business, and our clients range from individuals with successful home-based businesses to multinational corporations. Please contact us to discuss what type of counsel we can provide to assist you.

We have a complex contractual dispute, but need it resolved more quickly than can be done in court. Can you assist?

Increasingly, businesses are opting to seek resolutions to their disputes outside of the court system. This has resulted in the growth of arbitration and mediation. Our experienced counsel can assist you with either a mediation or arbitration. If you are seeking a mediator or arbitrator, we have experienced counsel who are qualified to act as a mediator or arbitrator to help you resolve your dispute.

I am an American or International Company, and I have a dispute with a Canadian company. What do I do?

We frequently act for American and other international companies seeking to enforce foreign judgments, or otherwise resolve disputes with Canadian companies.

We have experience acting for foreign entities under the Reciprocal Enforcement of Judgments Act to pursue collection of judgment debts in Alberta. We also have experience in international arbitrations. These arbitrations can prove to be a more efficient way to resolve complex international commercial disputes.

Give us a call to see how we can assist you with finding an efficient solution to your cross-border dispute.

I am a Canadian company, and I have a dispute with a company overseas. What do I do?

Litigating with foreign companies is complicated. We can help.

First, we will discuss with you the nature of the business relationship, and which law governs. We will then talk about potential solutions including bringing a claim in Canada, beginning an arbitration, or assisting you in retaining appropriate counsel in a foreign jurisdiction. Rest assured, our team has the experience to assist.

Contact us to see how we can make this easier.

How can I enforce payment of a debt?

So—somebody owes you money. How can you collect it? 

As the person who provided the money, you are the creditor. The person you loaned money to is the debtor

The first thing to think about is where the debt obligation comes from. Did someone make a verbal promise to you? Or did you sign an agreement with another person setting out the terms of the arrangement? Verbal promises are more difficult to enforce, but not impossible. Written agreements can be somewhat easier to enforce as there are usually terms specifying the amount owed, when it must be repaid, etc. It is important to review the terms of any written agreements to understand both parties’ rights and obligations in respect of the debt. 

Depending on the terms of the agreement (verbal or written), you may be obligated to take certain steps when you wish to enforce payment of the debt. For example, you may be obligated to issue a formal demand for payment to the debtor. You may be required to give the debtor a certain amount of time to pay the debt back after making the demand. 

The best option for enforcing payment of a debt is usually litigation. You will file a claim and ask the Court to issue judgment in your favour against the debtor. Unfortunately it often takes a number of years for claims to proceed through the litigation process to judgment. However, once you have a judgment from the Court, there are a number of useful enforcement steps you can take. These steps include registering a lien against the debtor’s property, garnishing the debtor’s wages, seizing certain assets belonging to the debtor, etc.

Alternatively, you may wish to pursue a negotiated settlement. Settlement is often preferable as it generally takes less time and costs less. You may be prepared to accept some lesser amount, or allow the debtor to make installment payments, to avoid the costs and delay associated with litigation. There are terms you can include in the settlement to protect your interests and/or give you stronger enforcement options. 

We can help you determine the most appropriate steps to take to enforce your debt. Depending on the terms of any agreement in place, the amount of the debt, the debtor’s ability to pay, and your desired outcome, we can develop a strategy to help maximize your recovery. We invite you to contact us to discuss. 

If you would like more information about enforcement or collection of debts, or if you would like to discuss any other litigation matters, please contact a member of the Carbert Waite Commercal LItigation Group

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