Representing Toronto businesses in commercial disputes. Contract claims, partnership disputes, shareholder oppression, debt recovery, and injunctions — from demand letter to trial.
· Reviewed by Jonathan Kleiman, J.D.
Commercial litigation is the resolution of disputes between businesses or involving commercial transactions through the court system. Unlike personal injury, family, or criminal law, commercial litigation deals with the legal conflicts that arise from doing business — broken contracts, unpaid debts, partnership breakdowns, and disputes over business assets.
Whether you need to pursue a claim or defend against one, a Toronto business lawyer with litigation experience can protect your interests and help resolve the dispute efficiently.
Contract disputes are the most common form of commercial litigation. They arise when one party fails to perform its obligations, the parties disagree on the meaning of a contract term, or one side terminates the agreement without justification. A breach of contract claim can seek damages, specific performance, or both.
Shareholder disputes involve disagreements between the owners of a corporation — oppression remedies, derivative actions, deadlock, and forced buyouts. Partnership disputes raise similar issues of control, compensation, and exit rights.
When invoices go unpaid or loans are not repaid, litigation may be necessary. Debt recovery involves demand letters, court proceedings, and judgment enforcement — including garnishment, seizure, and examination of the debtor.
Commercial lease disputes arise from lease breaches, evictions, rent arrears, and disagreements over maintenance obligations. Unlike residential tenancies, commercial lease disputes are resolved through the courts rather than a tribunal.
Disputes between property owners and contractors involve deficient workmanship, cost overruns, delays, and construction lien claims. These disputes often proceed through Small Claims Court for claims up to $50,000.
Non-compete agreements and other restrictive covenants are frequently litigated. Whether you need to enforce a non-compete clause against a departing employee or defend against an overly broad restriction, these disputes often require urgent injunctive relief.
Most commercial disputes follow a predictable path — though settlement can occur at any stage:
Free 30-minute consultation. No fee, no obligation.
In Ontario, claims for up to $50,000 (excluding interest and costs) are heard in Small Claims Court. The process is faster, less formal, and more cost-effective. Claims exceeding $50,000 must be commenced in Superior Court, which involves more procedural requirements but provides access to broader remedies including injunctions and specific performance.
Not every commercial dispute needs to go to trial. Mediation — where a neutral third party helps the parties negotiate a settlement — resolves the majority of civil cases. Arbitration, where a private adjudicator issues a binding decision, is another option, particularly when the contract includes an arbitration clause. Jonathan represents clients in both mediation and arbitration proceedings.
Call 416-554-1639 or book a free consultation.
Common questions about commercial litigation in Ontario.
Commercial litigation is the resolution of business disputes through the court system. It covers contract disputes, partnership and shareholder disputes, debt collection, construction claims, and other conflicts between businesses or involving commercial transactions.
It depends on complexity and the court. Small Claims Court matters typically resolve in 6 to 12 months. Superior Court litigation can take 2 to 3 years to reach trial. Many cases settle before trial through negotiation or mediation.
Costs vary significantly based on complexity. Small Claims Court representation is more affordable and may be offered at flat fees. Superior Court litigation is typically billed hourly. Jonathan provides an honest assessment of costs and prospects at the initial consultation.
Most commercial disputes settle — and for good reason. Settlement saves time, money, and uncertainty. However, some cases require trial. A good litigator prepares for trial while pursuing settlement, giving you the strongest negotiating position.
An injunction is an urgent court order requiring someone to do something or stop doing something. In commercial litigation, injunctions are used to prevent asset dissipation, enforce non-compete clauses, or stop ongoing harmful conduct before trial.
Jonathan Kleiman represents Toronto businesses in commercial litigation — from demand letters to trial. Free 30-minute consultation.