Overview
Understanding Business Disputes
Business disputes can threaten the success and even the survival of a company. Whether you're facing a conflict with a business partner, a shareholder dispute, or allegations of breach of fiduciary duty, these matters require strategic legal guidance and effective representation.
Common business disputes include shareholder oppression and minority shareholder claims, partnership dissolution and accounting, breach of fiduciary duty by directors or officers, employment disputes with key employees, and disputes arising from the sale or purchase of a business. Each type of dispute has its own legal framework and remedies.
Business disputes often involve significant assets and ongoing relationships that may need to be preserved. Alternative dispute resolution methods like mediation and arbitration can sometimes resolve disputes more quickly and with less damage to relationships than court litigation. When litigation is necessary, we pursue your interests aggressively.
Our Vancouver business litigation lawyers understand the complexities of commercial disputes and the importance of protecting your business interests. We represent business owners, shareholders, partners, and companies in all types of commercial litigation, from negotiation through trial.
Our Business Dispute Services
- Shareholder Disputes & Oppression Claims
- Partnership Dissolution & Accounting
- Director & Officer Liability
- Breach of Fiduciary Duty Claims
- Business Sale Disputes
- Franchise Disputes
- Non-Competition & Non-Solicitation
- Trade Secret & Confidentiality Disputes
- Corporate Governance Disputes
- Business Valuation Disputes
Resolving Business Disputes
Case assessment
We review the business structure, agreements, and circumstances to assess your legal position and develop a strategic plan.
Urgent measures
If needed, we seek urgent relief such as injunctions, receiver appointments, or orders preserving assets and records.
Negotiation & adr
We attempt to negotiate a resolution and may recommend mediation or arbitration as faster alternatives to court.
Litigation
If ADR is unsuccessful, we proceed with formal court proceedings, including discoveries and trial preparation.
Resolution
We work toward a resolution that protects your business interests, whether through settlement, trial judgment, or other outcome.
Frequently Asked Questions
What is shareholder oppression?
Shareholder oppression occurs when a corporation's conduct is oppressive, unfairly prejudicial, or unfairly disregards the interests of a shareholder. Common examples include being excluded from management, not receiving fair value for shares, dilution of shareholding, excessive compensation to controlling shareholders, and withholding dividends. The court has broad remedial powers, including ordering share buyouts, damages, or changes to corporate governance.
What is a fiduciary duty?
A fiduciary duty is the highest standard of care in law. Directors and officers of corporations owe fiduciary duties to the company, including the duty of loyalty (acting in the company's best interests), the duty to avoid conflicts of interest, and the duty not to appropriate corporate opportunities. Partners owe similar duties to each other. Breach of fiduciary duty can result in damages, accounting of profits, and other remedies.
How do I dissolve a partnership?
Partnership dissolution can be by agreement, by expiry of a fixed term, by withdrawal of a partner, or by court order. Upon dissolution, the partnership's affairs must be wound up: debts paid, assets distributed, and accounts settled. Disputes often arise over the valuation of partnership assets, allocation of liabilities, and division of ongoing business. We can help negotiate a dissolution agreement or obtain court orders.
Can I enforce a non-competition agreement?
Non-competition agreements are enforceable in BC if they are reasonable in scope (geographic area, duration, and restricted activities) and necessary to protect legitimate business interests. Courts will not enforce agreements that are unreasonably broad. We can assess whether your non-competition clause is enforceable and pursue injunctions or damages against former employees or business partners who breach it.
What happens if my business partner is taking money from the business?
If a business partner is misappropriating funds, this may constitute breach of fiduciary duty, fraud, or theft. You can seek an accounting to determine the amounts taken, an injunction to prevent further withdrawals, and damages or disgorgement of profits. In serious cases, you may seek to have a receiver appointed to take control of the business. Time is critical—act quickly to preserve evidence and assets.