Home›Civil & Commercial Law
Practice area
Civil & Commercial Law
A commitment was made and not kept. The work wasn't done, the invoice wasn't paid, the product wasn't what was promised. This is the heart of civil law, and the most frequent area of intervention.
Contracts
Whether the contract is a detailed document, a handful of emails, or purely verbal, it produces legal effects. The question is which ones, and what can be proven.
- Non-performance or partial performance
- Interpretation of a disputed clause
- Termination and penalties claimed
- Review of a contract before signing
- Service, sale and enterprise contracts
- Defects of consent, error, fraud
Business disputes
Commercial disagreements cost more than the amount at stake: time, attention, relationships. The goal is an outcome proportionate to what is actually involved.
- Disputes with a supplier or subcontractor
- A client refusing to pay
- Disagreements between partners or shareholders
- Unfair competition and duties of loyalty
- Breakdown of a business relationship
- Debt recovery
Civil liability
You have suffered damage caused by another person's fault, negligence or omission, and they refuse to answer for it. Or the reverse: a sum is being claimed from you for a loss you dispute.
- Property damage caused by a third party
- Work poorly performed by a contractor
- Liability of the owner or custodian of property
- Financial loss arising from a professional failure
- Defending against a claim you consider unfounded
The formal notice
This is often the first step, and sometimes the only one needed. A well-built formal notice sets out the facts, the legal basis for the demand, and a reasonable deadline. A great many files resolve at this stage without ever reaching a courtroom, which is almost always preferable for both sides.
Debt recovery
You are owed money and the reminders have stopped working. The question is not only whether you are right: it is whether the money is recoverable, and at what cost.
- Unpaid invoices between businesses
- Work performed and never paid for
- A private loan never repaid
- NSF cheques and stopped payments
- A debtor who disputes the quality of the work
- Enforcing the judgment once you have it
Defective consent
A signed contract is not necessarily a valid one. If your consent was obtained improperly, the contract can be attacked.
- Error as to an essential element of the contract
- Fraud: manoeuvres, lies, silence on a decisive fact
- Fear induced by a threat
- Lesion, where the law recognises it
- Abusive clauses in a contract of adhesion
- External or illegible clauses never brought to your attention
Clauses that cause trouble
Some clauses only reveal themselves at the moment of rupture, when it is far too late to negotiate them.
- Non-competition and non-solicitation
- To be valid, a non-competition clause must be limited as to time, territory and the kind of activity covered. Drawn too broadly it fails outright, and the court will not rewrite it for you.
- Penal clause
- It fixes in advance the amount owed on default. It is enforceable in principle, but can be reduced if it is abusive.
- Termination and automatic renewal
- A contract that renews itself unless notice is given within a precise window is among the most common traps in commercial matters.
One point about Small Claims
Below the Small Claims Division threshold, you cannot be represented by a lawyer before that court, that is the law, and it applies to the other side too. You represent yourself.
Help is still possible beforehand: assessing whether your claim holds up, helping you organise your evidence, drafting the formal notice. No pleading is possible before that division, and it is better to know that on the first call than to discover it afterwards.
The delays that matter
In civil and commercial matters a claim generally prescribes after three years. The starting point, though, is not always the date of the contract: it is often the day the damage became apparent, which is itself arguable.
Watch too for the delays you imposed on yourself. Many commercial contracts set a short window to report a defect or to decline a renewal, shorter than the legal prescription, and just as fatal.
What to gather before we speak
- The contract, quote or purchase order
- Invoices and the state of the account
- Written exchanges, from the first to the last
- Formal notices already sent or received
- What was delivered, performed or paid, with dates
- The exact name and legal form of the other party
If the dispute concerns a building or construction work, see the real estate side as well.
Frequently asked questions — civil and commercial law
Is a formal notice required?
It is not always required, but it is almost always useful. It sets out in writing what you allege, what you are asking for and the time allowed, and it triggers certain legal effects. In many files it is enough to prompt a settlement without ever going to court.
What is the limitation period for a claim?
The period for contractual claims is generally three years from when the right of action arises. Some situations are governed by shorter periods, and the starting point is not always obvious. If your problem is more than two years old, the limitation question becomes the priority.
Does my case belong in small claims?
The Small Claims Division handles claims under a set threshold, and parties represent themselves: a lawyer cannot argue for you at the hearing. A lawyer can still prepare you beforehand. Above the threshold, the case goes to the Court of Québec or the Superior Court depending on the amount.
How long does a civil claim take?
A claim resolved through a formal notice and negotiation can conclude in a few weeks. A litigated file is measured in months, sometimes longer depending on the court and the complexity. That is one reason the first question to ask is whether the dispute can be resolved without a trial.
Vehicles, garages and botched work
The legal warranty of quality is not confined to real estate. It covers a vehicle bought from a dealer or a private seller, and a service provider answers for the work they carried out.
- A used vehicle with a latent defect
- Concealed accident history or odometer
- A garage whose repair caused damage
- Poor quality parts supplied
- Private sales concluded online
A contractual or commercial dispute?
A 30-minute initial call, at $150 plus taxes, to assess how strong your position is and what pursuing it would involve.
This page provides general information and does not constitute legal advice.