COMMERCIAL AND CIVIL LITIGATION

The commercial and civil litigation, being a vast area of law, usually relates to a dispute between two or more individuals, two or more enterprise, or an individual and an enterprise. Therefore, whether you are an individual or an enterprise, Schneider Attorneys inc. are well suited to represent your best interest in any conflict situation regarding, but not limited to, the following legal issues:

  • Debt payment;
  • Unpaid or partially unpaid goods or services;
  • Goods or services undelivered or partially undelivered;
  • Interpretation and/or execution of rights and obligations emanating from contracts (contracts for sale/lease, distribution contracts, loan agreements, insurance contracts, residential and commercial leases, service contracts)
  • Breach of contracts;
  • Right of way, use or ownership;
  • Destruction of goods;
  • Conflict between neighbours;
  • Conflict between business partners;
  • Conflict between landlord and tenant;
  • Individual and shareholder rights and obligations;

Schneider Attorneys inc. will suggest options and strategies and recommend various types of procedures, or defend you against these procedures that may include the following:

  • Collections;
  • Damages;
  • Punitive damages;
  • Exercising hypothecary rights;
  • Resolution or resiliation of a contract;
  • Provisional and extraordinary measures, such as seizure before judgment, judicial sequestration, injunction and other special procedural avenues;
  • Safeguard order;
  • Compulsory execution of judgment ;

It is important to mention that on a general basis, the prescription delay to initiate a legal action is three (3) years. Therefore, when you exceed this delay, your rights to initiate such procedures against and individual or an enterprise become null, causing in many cases disastrous consequences. There is however exceptions, where in certain cases the delay will be much shorter, or may vary, which is why it is important to consult a law firm as soon as possible to avoid such consequences.

JURISDICTION

Disputes are of the jurisdiction of the Court of Quebec or the Superior Court depending on the amount in question.

If the amount is less than $85,000.00, the jurisdiction is the Court of Quebec[1].

If the amount in question is $85,000.00 or more, the legal forum is the Superior Court. It also has exclusive jurisdiction to hear and determine class actions and demands for an injunction, and any demands not formally and exclusively assigned by law to another court or adjudicative body.

CONSULT A LAWYER

Before undertaking legal proceedings, it is crucial to inform yourself of your rights and obligations. Often, a situation initially seems quite simple. The reality is however completely different: even a late payment question can become a lot more complex than one would think.

This is why we believe that a good law firm specialised in civil and commercial litigation has a duty to make you feel secure by helping you understand your different options and possibilities, as well as the different legal proceedings offered to you that might seem overwhelming at first.

[1] Please consult section 35 and following of the Code of civil procedure for applicable exceptions.

If you are looking for a law firm with reasonable rates, quick and efficient turnaround time for your files and who provides personalized and effective follow-ups, call Schneider Attorneys at (514) 439-1322 ext. 112 or email us at info@schneideravocat.com

The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.