COMMERCIAL LITIGATION

Baker Law Firm acts in complex commercial litigation, insolvency and receiverships, defamation, professional negligence claims against lawyers and other regulated professionals, appellate litigation, and civil sexual assault claims. The firm primarily acts in Alberta, but has represented clients in the courts of Ontario, Saskatchewan, and British Columbia. Commercial files typically involve substantial amounts in dispute, and many exceed one million dollars. The firm does not practice criminal, family, or immigration law, and only rarely takes on small claims matters. This list is not exhaustive, and we consider each client and matter on its own merits. We would be pleased to hear from you if you are seeking counsel.

Shareholder and partnership disputes are regularly advanced in the Court of King's Bench of Alberta. Internal business disputes may give rise to any number of issues such as breach of contract, breach of fiduciary duty, or oppression, or less commonly fraud, defamation, or negligence. There are unique considerations in closely held businesses and we can assist with all avenues of potential resolution such as a buyout of one party's interest, litigation, or a structured settlement. We can act for the corporation, the shareholders, or one or more of the partners when these types of disputes arise.

In Alberta the Business Corporations Act has specialized protections for minority shareholders, directors, and others regarding conduct that is oppressive or unfairly prejudicial. The Court can order a range of remedies that are responsive to the specifics of the situation. The acts that can constitute oppression are too numerous and diverse to list here. If you believe you have been unfairly treated, or if you have been served with a claim in oppression, contact our firm for representation and advice on your specific situation.

Generally, a corporation will require a lawyer to represent it in the Court of King's Bench. This differs from the Alberta Court of Justice where counsel is not strictly required. Sole shareholder companies may be exempt from the requirement of counsel. However, a longstanding rule for more broadly held corporations is that they must be represented through a lawyer. Failing to retain and continuously be represented by counsel can result in a corporation's pleadings being struck and a judgment entered against it. We defend corporations and their principals in commercial claims and can move quickly when a company has been served.

Often, yes. The Alberta courts can set aside a default judgment where the defendant moves promptly, can explain their failure to respond, and can show a defence on the merits of the action. The law has recently changed in respect of setting aside default judgments and notings in default. We have published an article on the decision in Liberty Mortgage that goes into greater detail on the nuance involved. If you require assistance, we act for defendants seeking to set aside default judgments or open up a noting in default.

In certain circumstances Baker Law Firm will consider contingency or partial contingency fee arrangements, though this is not the norm. For most commercial litigation matters we bill all lawyer time at set hourly rates. Detailed fee arrangements and other important terms will be set out in a written retainer agreement at the start of your first file with Baker Law Firm. We are unable to estimate and fix fees for a lawsuit in advance, but we will discuss budgets and the likely stages of the litigation before work begins and throughout your matter.

Winning a judgment that cannot be collected is a hollow victory. We consider the collectability of any potential claim as part of assessing the merits and prospects of starting any claim. That assessment considers the defendant's assets, corporate structure, and any security or guarantees that we can identify. Assessing the liabilities of a potential defendant is an art as there is often limited visibility. After a judgment is granted a judgment debtor can be examined on their assets and means in aid of enforcement. The Civil Enforcement Act of Alberta provides a variety of methods for a successful litigant to attempt to satisfy a judgment.