Monday - Friday 09:00am-6:00pm

Commercial Litigation Lawyer

Your business partner just drained the company account. Your co-shareholder is blocking every decision and the business is hemorrhaging money. You signed a contract worth half a million dollars and the other side walked away. Someone you trusted lied to your face to close a deal, and now you are left with the fallout.

You need a commercial litigation lawyer. These are the situations our clients are in when they call McMackin Law. As commercial litigation lawyers, we represent business owners, shareholders, partners, directors, and corporations in commercial disputes across Ontario. We have been litigating business disputes for decades, and we know that by the time you are searching for a commercial litigation lawyer, you have already tried to resolve things on your own and it has not worked.

Here is what we can tell you right now: the law almost certainly provides a remedy for what you are going through. Whether it is an oppression remedy to force a buyout of your shares, a Mareva injunction to freeze assets before they disappear, a derivative action to hold rogue directors accountable, or a straightforward breach of contract claim to recover what you are owed there is a path forward.

The question is whether you have the right commercial litigator to walk through it with you.

Contact McMackin Law for an honest assessment of your case.

What Is Commercial Litigation?

Commercial litigation is the area of law that deals with disputes arising from business and commercial relationships. If a disagreement between parties involves money, contracts, corporate governance, business operations, or commercial property and ends up before a court, it is commercial litigation.

The scope is broad. It covers shareholder disputes and partnership breakdowns, breach of contract claims, commercial fraud, corporate governance fights, injunctions and emergency court relief, and disputes over commercial property. It also includes the urgent remedies courts can grant to preserve assets or protect a party’s position while a case works through the system, Mareva injunctions that freeze bank accounts, certificates of pending litigation that prevent the sale of property, and interlocutory injunctions that restrain harmful conduct.

Commercial litigation is technically a subset of civil litigation. Civil litigation covers all non-criminal disputes, personal injury, employment claims, property disputes etc. Commercial litigation narrows that focus to disputes arising in a business context. The distinction matters because commercial disputes involve different statutes (the Ontario Business Corporations Act, the Canada Business Corporations Act, the Partnership Act), different strategic considerations, and often different courts. Complex commercial cases in Ontario may be heard on the Commercial List in Toronto, where judges have specialized experience and cases are managed more actively.

To put it plainly: if your dispute involves your business, your shares, your partnership, your contracts, or someone who defrauded you in a commercial context, you need a commercial litigation lawyer.

Types of Commercial Litigation Cases We Handle

These are not hypothetical practice areas listed to fill a page. These are the disputes that walk through our door, often from business owners who waited too long to call.

Shareholder Disputes

Shareholder disputes are among the most common and most destructive forms of commercial litigation. They destroy businesses, break up friendships, and tear families apart. And they almost always could have been prevented with a proper shareholder agreement.

Here is what these cases actually look like:

The deadlock. Two people start a business together, each owning 50% of the shares. For ten years, it works. Then one wants to expand aggressively while the other wants to stay the course. Neither can outvote the other. Board meetings become shouting matches. Employees start picking sides. Customers notice the dysfunction. The business that took a decade to build starts falling apart in months. Neither shareholder can sell their shares because no buyer wants to step into a war zone. They are trapped with each other, and with a dying business.

The squeeze-out. Three shareholders own a corporation, one holds 60%, the other two hold 20% each. The majority shareholder starts paying himself an inflated salary, hires family members to no-show jobs, stops holding proper board meetings, and refuses to declare dividends. The minority shareholders watch profits get siphoned out of the company while their shares become worthless on paper. They built this business too. They are still working in it every day. But they have no say and no return on their investment.

In Budd v. Gentra Inc., 1998 CanLII 5811 (ON CA), the Ontario Court of Appeal held that while not every adverse business decision amounts to oppression, the remedy exists to protect the reasonable expectations of stakeholders. When majority shareholders use their control to benefit themselves at the expense of minorities, the court will intervene and the remedies available are extraordinary. The court can order a forced buyout at fair value, remove directors, appoint a receiver, or restructure the corporation entirely.

The vanishing partner. One shareholder stops showing up. They collect their salary, they vote against everything the other shareholder proposes, but they contribute nothing. The working shareholder is doing 100% of the work for 50% of the benefit. There is no shareholder agreement to address the situation. What do you do?

We handle all of these, 50/50 deadlocks, minority oppression, majority shareholder disputes, situations where there is no shareholder agreement in place, breaches of existing agreements, and forced buyout proceedings. We pursue and defend oppression remedy claims, derivative actions, applications to wind up corporations, and share valuation disputes.

Learn more about shareholder disputes →

Partnership Disputes

Partnership disputes follow the same human pattern as shareholder disputes, broken trust, competing visions, money problems but the legal framework is different, and the stakes for unprepared partners can be worse.

Here is the scenario we see most often: two people operate a business as equal partners for years with nothing in writing. One partner decides they want out. There is no buy-sell agreement, no formula for valuing the business, no agreed-upon exit process. The departing partner wants half the value of what they built together. The remaining partner says the business is worth a fraction of what the departing partner claims. Both hire valuators who arrive at wildly different numbers. The relationship, already strained, becomes hostile. The business suffers while the owners fight.

What makes this worse is what most people do not know about Ontario law. The Partnership Act governs partnerships where there is no written agreement, and its default rules surprise people. Under the Act, all partners share equally in the profits and losses of the partnership regardless of how much each partner actually contributed. If one partner put in $500,000 and the other put in nothing, they still split profits equally unless they agreed otherwise in writing. That default rule alone has fueled countless partnership disputes.

We handle partner exits, forced removal of partners, disputes about how partnership assets should be divided, claims that one partner has breached their fiduciary duties, and claims of misappropriation of partnership property. We also handle the particularly painful scenario where someone needs to remove a business partner from a corporation — a process that is legally complex and emotionally brutal.

Learn more about partnership disputes →

Breach of Contract

Breach of contract claims are the single most common type of commercial litigation. A contract is a promise backed by the law. When someone breaks that promise, you are entitled to be made whole.

The Supreme Court of Canada confirmed the measure of damages in Hamilton v. Open Window Bakery Ltd., 2004 SCC 9: damages for breach of contract should place the aggrieved party in the same position they would have been in had the contract been performed. That means if someone breaches a supply agreement worth $500,000, the court looks at everything you actually lost not just the contract price, but lost profits, the cost of finding an alternative supplier, reputational harm, and other consequential losses.

The law has also evolved to impose a duty of honest performance. In Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7, the Supreme Court clarified that parties cannot exercise contractual discretion arbitrarily or capriciously. This means even when a contract gives one party the right to make certain decisions, they must exercise that right in good faith. This has expanded the grounds for breach of contract claims significantly.

We handle breach of contract claims involving supply and service agreements, commercial leases, franchise agreements, non-compete and non-solicitation clauses, joint venture agreements, construction contracts, and every other variety of business contract.

Learn more about breach of contract →

Fraud and Misrepresentation

If you suspect someone has defrauded you in a business context, you need to act quickly. Commercial fraud is more common than most business owners expect, and the window for preserving assets and evidence is narrow.

Fraud cases are often the most complex disputes we handle. They require meticulous investigation, extensive document production, and frequently forensic accounting to trace where the money went. In serious cases, we obtain urgent court orders a Mareva injunction to freeze bank accounts and assets before they can be hidden offshore, or an Anton Piller order (a civil search order) to seize computers and documents before evidence is destroyed.

If you suspect fraud, a partner diverting funds, a director taking corporate opportunities, a vendor who lied to close a deal, a party who concealed material defects in a transaction, contact us before the other side has time to cover their tracks. Every day you wait is a day assets can be moved and evidence can disappear.

Learn more about fraud claims →

Oppression Remedy Claims

The oppression remedy is the single most powerful tool available to shareholders in Ontario. It allows shareholders, directors, officers, and in some cases creditors to seek extraordinary relief when a corporation’s affairs have been conducted in a manner that is oppressive, unfairly prejudicial, or that unfairly disregards their interests.

The Ontario Court of Appeal in Downtown Eatery (1993) Ltd. v. Ontario, 2001 CanLII 8538 (ON CA), held that the oppression remedy is personal in nature it compensates individuals whose reasonable expectations have been unfairly violated. And in Rea v. Wildeboer, 2015 ONCA 373, the Court clarified the critical distinction between oppression remedy claims (which are personal to the complainant) and derivative actions (which are brought on behalf of the corporation). Choosing the wrong remedy can be fatal to your claim.

The range of remedies the court can order in oppression cases is remarkable: forced buyout of shares at fair value, removal of directors, appointment of a receiver, payment of the complainant’s legal costs by the corporation, and more. Our existing oppression remedy page covers this topic in comprehensive detail.

Derivative Actions

When directors or officers cause harm to the corporation itself through breach of fiduciary duty, negligence, self-dealing, or misappropriation of corporate assets and the corporation will not sue them (because the wrongdoers control it), a shareholder can bring a derivative action on the corporation’s behalf.

Derivative actions require leave of the court. The shareholder must demonstrate good faith and that the action is in the corporation’s best interests. In Malata Group (HK) Limited v. Jung, 2008 ONCA 111, the Court of Appeal recognized that in closely-held companies, the line between derivative actions and oppression claims is less rigid, allowing greater flexibility in how the claim is framed.

Learn more about derivative actions →

Injunctions and Urgent Court Relief

Some disputes cannot wait. When assets may be dissipated, evidence destroyed, or irreparable harm is imminent, the court can intervene on an emergency basis.

In Parkland Corporation v. Caledon Fuels Inc., 2024 ONSC 2361, the Ontario Superior Court granted a permanent injunction to prevent ongoing breaches of a supply agreement, holding that damages alone could not compensate for the reputational harm and the undermining of the applicant’s ability to enforce similar agreements. The principle is clear: when money alone cannot fix the problem, injunctions are available.

We bring and defend Mareva injunctions (asset-freezing orders), Anton Piller orders (civil search orders), interlocutory injunctions, and certificates of pending litigation. These are high-stakes motions that often proceed without the other side having notice.

Corporate Governance Disputes

Directors owe a duty to act honestly and in good faith in the best interests of the corporation. This is codified in both the Canada Business Corporations Act and the Ontario Business Corporations Act. When directors breach these duties by self-dealing, undisclosed conflicts of interest, diverting corporate opportunities, or making decisions that benefit them personally at the expense of the corporation, the court has tools to hold them personally accountable.

In FNF Enterprises Inc. v. Wag and Train Inc., 2023 ONCA 92, the Ontario Court of Appeal confirmed it will pierce the corporate veil where a corporation is being used as a shield for improper conduct, and endorsed a broad interpretation of what “improper conduct” means. Directors cannot hide behind the corporate structure to avoid personal liability.

Commercial Real Estate Disputes

Commercial property disputes such as failure to close, breaches of representations and warranties, landlord-tenant disputes under commercial leases, competing claims to property interests are a significant area of our practice. Where real property is at stake, a certificate of pending litigation registered against title effectively prevents the property from being sold or mortgaged while the litigation is pending. Learn more about real estate disputes →

Joint Venture Disputes

Joint ventures bring two or more parties together for a specific business purpose typically a development, construction project, or new venture. When the relationship breaks down, the resulting litigation involves elements of partnership law, contract law, and fiduciary duty. These disputes are frequently complicated by the fact that the parties’ obligations were never clearly documented, leaving the court to piece together what they actually agreed to based on their conduct.

Warning Signs You Need a Commercial Litigation Lawyer

Many of the clients who come to us wish they had called sooner. Here are the situations where waiting costs you:

Your business partner’s behaviour has changed. They are secretive about finances, making unilateral decisions, meeting with lawyers without telling you, or suddenly showing interest in the corporate records. These are often the first signs of a dispute that is about to erupt — or evidence of misconduct that is already underway.

Money is going missing or being spent without explanation. Unexplained withdrawals, payments to unfamiliar companies, inflated expenses, new employees you have never met — these are red flags for fraud, self-dealing, or embezzlement. The sooner you act, the more likely it is that assets can be traced and recovered.

You have been frozen out of decision-making. You own shares in the company, but you are no longer invited to board meetings, you cannot access the financial records, and decisions are being made without your input. This is textbook oppression, and the court has powerful remedies to address it.

Someone has breached a contract and is refusing to make it right. If demands and negotiations have failed, the two-year limitation period is ticking. Do not wait until the deadline is approaching to seek legal advice.

You want out of a business relationship but there is no clear exit mechanism. No buy-sell agreement, no shotgun clause, no partnership agreement addressing exits. The longer you stay in a broken business relationship, the more value is destroyed.

You have been served with a Statement of Claim. You typically have 20 days to file a Statement of Defence. Missing this deadline can result in a default judgment against you. Call a lawyer immediately.

Mistakes That Can Destroy Your Commercial Litigation Case

After decades of handling commercial disputes, we have seen the same mistakes cost clients dearly:

Waiting too long to act. Ontario’s limitation period for most commercial claims is two years. But the real damage of waiting is not just the limitation period, it is that assets get moved, evidence gets destroyed, witnesses forget, and your bargaining position weakens with every month that passes.

Talking too much. Emails, text messages, social media posts, and casual conversations can all be used as evidence. Once a dispute is on the horizon, everything you say or write to the other side and often to third parties is potentially discoverable. Do not vent in writing. Do not make threats you cannot follow through on. Do not negotiate without legal advice.

Trying to handle it yourself first. Business owners are problem-solvers by nature. But commercial litigation involves procedural rules, strategic considerations, and legal principles that are not intuitive. A demand letter drafted without legal advice can inadvertently weaken your position. A settlement negotiated without understanding your legal rights can leave money on the table or worse, waive claims you did not know you had.

Choosing the wrong lawyer. Commercial litigation is a specialized practice. A lawyer who primarily handles real estate closings or wills is not equipped to run a shareholder oppression case or obtain a Mareva injunction on an emergency basis.

Ignoring the costs-benefit analysis. Not every dispute is worth litigating. If the amount at stake is $50,000 and the likely cost of litigation is $80,000, litigation is usually not the answer. A good commercial litigation lawyer will tell you this upfront and help you find a more proportionate solution.

What to Do Right Now If You Are in a Commercial Dispute

If you are reading this page, you are probably already in a dispute or you can see one coming. Here is what to do before you even pick up the phone to call a lawyer:

1. Preserve everything. Do not delete emails, text messages, or documents. Do not throw away paper files. Do not alter financial records. If there is any chance that a document is relevant to the dispute, keep it. Courts take the destruction of evidence extremely seriously, it can result in adverse inferences (the court assumes the destroyed evidence was harmful to you) and costs sanctions.

2. Secure your access. If you are a shareholder or partner, make sure you have copies of the corporate records, financial statements, banking records, and shareholder or partnership agreements. If you suspect the other side may try to cut off your access, make copies now. Once you are locked out, getting access back requires a court order.

3. Stop communicating with the other side about the dispute. Anything you say can be used against you. This includes emails, texts, phone calls, and conversations with mutual friends or business associates. Once the dispute is live, all communications should go through lawyers.

4. Write down the facts while they are fresh. Create a timeline of events. Note dates, names, amounts, and what was said. Your memory of events six months ago will be much better today than it will be in another six months when you are being examined under oath at discovery.

5. Call a commercial litigation lawyer. Not next week. Not after you have “tried one more time” to work it out. Now. The earlier you get legal advice, the more options you have and the better your position will be. At McMackin Law, initial consultations are focused on assessing your situation and explaining your options not on pressuring you into litigation.

The Commercial Litigation Process in Ontario

If you have not been through commercial litigation before, the process can seem overwhelming. Here is what to expect at each stage, with realistic timelines and costs.

1. Assessment and Demand

Before any lawsuit is filed, we review the relevant documents including contracts, corporate records, correspondence, financial statements and give you an honest assessment of where you stand. Not where you want to stand. Where you actually stand.

In many cases, the next step is a demand letter. A well-drafted demand letter sets out your position, outlines the legal basis for your claim, and gives the other side an opportunity to resolve the matter before the expense and disruption of litigation. A surprising number of disputes settle at this stage particularly when the demand letter demonstrates that you have competent counsel and you are prepared to litigate.

2. Commencing the Proceeding

If demands fail, a lawsuit is commenced by filing a Statement of Claim (in an action) or a Notice of Application (in an application). Commercial litigation in Ontario is heard in the Superior Court of Justice.

For corporate governance disputes, shareholder disputes, oppression remedy claims, and other complex commercial matters, the case may be directed to the Commercial List in Toronto. The Commercial List offers streamlined procedures, regular case conferences, and judges with specialized experience. Cases on the List move faster than the general list.

The courts are busy. Early strategic decisions such as whether to seek the Commercial List, whether to move for summary judgment, whether to pursue mediation are critically important.

3. Pleadings in an Action

The parties exchange formal documents setting out each side’s version of the facts and the legal basis for their position. The defendant files a Statement of Defence (and sometimes a Counterclaim); the plaintiff may file a Reply. Pleadings matter more than most clients realize. A poorly drafted pleading can limit the evidence you are entitled to lead at trial and the arguments you are permitted to make. This is not the place to cut corners.

4. Discovery in An Action

Discovery is where the parties exchange relevant documents and conduct examinations for discovery where there is sworn testimony where each party answers questions under oath. It is the most expensive phase of litigation in most matters, and it is where cases are won or lost.

For a typical commercial dispute with $250,000.00 at stake, expect to spend typically $25,000 to $50,000 through the discovery phase. Each day of examination costs a minimum of $2,500.00 in legal fees, and preparation takes as long or longer than the examination itself. In fraud or concealment cases, document production can be massive and may require forensic analysis of electronic records.

Discovery is also where the vast majority of cases begin to settle. Once both sides have seen the documents and heard the sworn testimony, the real strengths and weaknesses of each position become clear. Approximately 95% of commercial litigation cases in Ontario settle before trial, and most of those settlements happen during or shortly after discovery.

5. Mediation

Ontario requires mandatory mediation in Toronto, Ottawa, and Windsor for most civil cases under Rule 24.1. Even where it is not mandatory, courts routinely order it.

Mediation is a confidential process in which a neutral mediator helps the parties negotiate a resolution. In Ontario, mediation has a success rate of in excess of 80%. We prepare for mediation as thoroughly as we prepare for trial, because leverage at the mediation table comes from preparation, not bluster. Showing up without preparation is one of the most expensive mistakes in commercial litigation.

6. Trial

If the case does not settle, it goes to trial. In Ontario, complex commercial trials are scheduled 18 to 24 months after the pre-trial conference. On the Commercial List, expect approximately 1.5 to 3 years from commencement to trial.

A contested seven-day trial typically costs $40,000.00 to $75,000 in legal fees for the trial itself. Trials may require expert witnesses including forensic accountants, business valuators, industry specialists each of whom adds to the cost.

McMackin Law was built on trial experience. Our founding lawyer, Alan McMackin, conducted over 100 trials during his career, including matters before the Supreme Court of Canada. When opposing counsel knows you have a litigator who has actually tried cases not just settled them it changes the dynamic of negotiations.

7. Costs

In Ontario, the losing party typically pays a portion of the winning party’s legal costs, generally 40% to 80% of actual costs.

We use Rule 49 offers to settle aggressively. If you make a formal offer to settle and the other side rejects it, and you ultimately obtain a result at trial that is as good as or better than your offer, the costs consequences for the other side are severe. This is one of the most powerful strategic tools in Ontario commercial litigation, and too few lawyers use it effectively.

The limitation period for most commercial claims in Ontario is two years. Missing this deadline extinguishes your claim entirely, regardless of its merits. Do not wait.

What Does a Commercial Litigation Lawyer Do?

A commercial litigation lawyer which is sometimes called a commercial litigator handles business disputes from first contact through trial and beyond. Here is what that actually involves:

Gives you an honest assessment. Before anything else, we review the facts, documents, and law and tell you where you stand. Candidly. This is the most important step. A frank assessment prevents clients from spending $100,000 pursuing a $50,000 claim, or from settling a strong case for a fraction of its value because they did not understand their leverage.

Develops a strategy tailored to your case. Cookie-cutter approaches do not work in commercial litigation. Sometimes the best strategy is aggressive early action such as an injunction or a demand letter that forces the other side to the table. Sometimes it is patience and methodical preparation that builds an overwhelming case. The strategy depends on the facts, the amount at stake, the other side’s behaviour, and what you want to achieve.

Handles every step of the court process. Pleadings, motions, discovery, mediation, pre-trial conferences, trial. A commercial litigation lawyer manages the entire proceeding.

Negotiates settlements from a position of strength. Most cases settle. The question is whether they settle on terms that reflect the true value of your claim. A commercial litigator who is genuinely prepared for trial who has done the work, not just talked about doing it has fundamentally more leverage than one who is not. Opposing counsel can tell the difference. So can mediators.

Moves fast when the situation demands it. Mareva injunctions, Anton Piller orders, emergency interlocutory injunctions, these applications can be brought within days. When assets are at risk or evidence is being destroyed, speed is everything.

Complex Commercial Litigation

Complex commercial litigation which is sometimes referred to as corporate commercial litigation involves cases with large amounts at stake, multiple parties, intricate facts, or novel legal issues requiring extensive document review, expert evidence, and specialized knowledge.

These cases are typically managed through the Commercial List at the Superior Court of Justice in Toronto, which provides specialized procedures, active judicial management, and judges with deep experience in corporate and commercial law.

Ontario is currently undergoing a comprehensive review of its Rules of Civil Procedure, launched in 2023 by Chief Justice Morawetz. The proposed reforms include an “up-front evidence model” that would require parties to produce key documents and sworn witness statements much earlier in the process. If adopted, these changes will make early case assessment and thorough preparation more important than ever.

Commercial Litigation vs Civil Litigation

	Commercial Litigation	Civil Litigation
Scope	Business and corporate disputes	All non-criminal disputes
Typical parties	Corporations, shareholders, partners, directors, business owners	Any individuals or organizations
Common claims	Breach of contract, shareholder oppression, fraud, partnership disputes, derivative actions	Personal injury, wrongful dismissal, property disputes, negligence, defamation
Court	Superior Court of Justice; complex cases on the Commercial List	Superior Court of Justice or Small Claims Court
Specialized rules	Commercial List practice directions; OBCA, CBCA, Partnership Act	General Rules of Civil Procedure
Typical amounts	$50,000 to multi-millions	Varies widely

If your dispute arises from a business relationship, you want a lawyer who handles commercial disputes daily.

Industries We Serve

Construction and development – disputes over payment, defective work, project delays, and cost overruns. Ontario’s construction adjudication system through ODACC is growing, but many disputes still require full litigation.

Commercial real estate – property transactions, commercial leases, joint venture developments, and competing claims to property interests.

Professional services – partnership and shareholder disputes in accounting firms, medical practices, dental offices, consulting firms etc. These involve unique issues around professional regulation and non-compete obligations.

Family businesses – among the most bitter commercial disputes. A fight between siblings over a family company is a shareholder dispute, but it is also a family conflict. Both dimensions must be managed. These cases frequently involve oppression remedy claims and forced buyout applications.

Retail and hospitality – franchise disputes, commercial lease disputes, and partnership breakdowns in restaurants, hotels, and retail businesses.

Small closely held businesses – most matters we deal with that involve oppression claims involve either family businesses or small closely held businesses where there are only a handful of shareholders.

Why McMackin Law

Most law firm websites tell you the same things: we are experienced, we are dedicated, we get results. Here is what actually distinguishes McMackin Law from the firms you are comparing us to.

We were built for the courtroom. Alan McMackin, who founded this firm, conducted over 100 trials during his career, including matters before the Supreme Court of Canada. Ryan McMackin carries that tradition forward. This is not a firm that dabbles in litigation between real estate closings and wills. Litigation is what we do, every day. The difference matters because the credibility of any litigation strategy depends on the other side believing you will actually go to trial. When they know you will because you have a track record of doing it settlement negotiations become an entirely different conversation.

We will tell you the truth about your case. Some lawyers tell clients what they want to hear because it keeps the client paying. We do not do that. If your case has a fatal weakness, we tell you so you can make an informed decision about whether to proceed. If the other side has a strong position, we tell you so we can develop a strategy that accounts for it. Clients who understand the real landscape of their case make better decisions, and better decisions lead to better outcomes.

We do not charge Bay Street rates. Senior commercial litigation lawyers at Toronto national firms commonly charge $700-$1,500 per hour or more. Our rates reflect our location in the Durham Region, not Bay Street, while our preparation and results reflect decades of experience handling exactly these types of disputes. The law is the same whether your lawyer’s office has a view of Lake Ontario or a view of the CN Tower. The difference is what you pay per hour to have it applied to your case.

You will actually be able to reach us. When you call McMackin Law, you speak to your lawyer. We return calls promptly. We keep clients informed as developments happen, not weeks later in a monthly summary. When your business is on the line, you should not have to leave a voicemail and hope someone gets back to you.

Areas We Serve

McMackin Law provides commercial litigation services throughout Ontario, with our main office in Bowmanville. We represent clients across Durham Region (Ajax, Whitby, Pickering, Courtice, Newcastle, Clarington), Northumberland County (Cobourg, Port Hope, Brighton), Peel Region (Mississauga, Brampton), the Greater Toronto Area, Toronto, Oakville and across Ontario.

Commercial litigation matters are heard in the Superior Court of Justice. For complex cases, the Commercial List in Toronto is available regardless of where the parties are located. Your lawyer does not need a Bay Street address for your case to be heard there and your lawyers office location has no bearing on where the matter will be heard.

Frequently Asked Questions About Commercial Litigation

What is commercial litigation?

Commercial litigation is the area of law dealing with disputes that arise from business and commercial relationships. It includes breach of contract claims, shareholder disputes, partnership disputes, commercial fraud, oppression remedy claims, derivative actions, injunctions, corporate governance disputes, and any other legal conflict involving businesses, corporations, or commercial transactions. If a business disagreement ends up before a court, it is commercial litigation.

What is the difference between commercial litigation and civil litigation?

Commercial litigation is a subset of civil litigation. Civil litigation covers all non-criminal disputes such as personal injury, property disputes, employment claims, family law. Commercial litigation focuses specifically on disputes arising from business and commercial relationships. The procedures are largely the same, but commercial litigation involves specialized statutes (the Ontario Business Corporations Act, the Canada Business Corporations Act), specialized courts (the Commercial List), and strategic considerations that are unique to business disputes.

How long does commercial litigation take in Ontario?

A straightforward dispute that settles at mediation may resolve in 6 to 24 months. A complex matter that goes to trial can take 2 to 5 years. On the Commercial List in Toronto, expect 1.5 to 2 years from commencement to trial. Approximately 95% of cases settle before trial, most during or after discovery. Arbitration, if the parties agree to it, can resolve complex disputes in 6 to 12 months, bypassing the court backlog entirely.

How much does commercial litigation cost?

For a typical $250,000 dispute: expect $25,000 to $50,000 through the discovery phase and $40,000 to $75,000 for a seven-day trial. Experienced lawyer hourly rates in Ontario range from $350 to $1,000+, with Toronto national firms typically at the upper end. McMackin Law provides realistic cost estimates at each stage, works to keep costs proportional to the amount at stake, and uses Rule 49 offers strategically to create costs pressure on the opposing party.

What is the limitation period for commercial litigation claims in Ontario?

Two years from the date the claim was discovered or ought to have been discovered. Miss this deadline and your claim is extinguished regardless of its merits. There are limited exceptions, but the safest course is to seek legal advice as soon as a dispute arises.

What is the Commercial List?

The Commercial List is a specialized division of the Superior Court of Justice in Toronto for complex commercial cases such as corporate governance disputes, shareholder disputes, oppression remedy claims, insolvency matters. Cases benefit from streamlined procedures, regular case conferences, and judges with deep commercial experience. A case can be heard on the Commercial List regardless of where the parties are located in Ontario.

Can I resolve a commercial dispute without going to trial?

Yes, and most people do. Approximately 95% of commercial cases settle before trial. Mediation has a success rate of over 80% in Ontario. Settlement also happens through direct negotiation, pre-trial conferences, and arbitration. The key insight: having a lawyer who is genuinely prepared for trial gives you far more leverage in settlement negotiations than having one who is not.

What is the difference between a commercial litigator and a corporate lawyer?

A corporate lawyer handles transactions such as drafting contracts, incorporating companies, structuring deals. A commercial litigator handles disputes such as when the deal falls apart, the contract is breached, the shareholders cannot agree. A corporate lawyer keeps you out of trouble. A commercial litigator gets you out of it.

Do I need a commercial litigation lawyer?

If your dispute involves more than $30,000, or if your business, your shares, or your partnership interest is at risk then yes. Commercial litigation involves complex procedural rules, strict limitation periods, and an adversary who almost certainly has a lawyer. Mistakes such as a missed deadline, a poorly drafted pleading, a bad discovery performance can be catastrophic. For Superior Court disputes, representing yourself is a significant risk.

What should I bring to a first meeting with a commercial litigation lawyer?

Everything relevant: contracts, shareholder agreements, partnership agreements, corporate records, financial statements, correspondence (emails, texts, letters), banking records, and any court documents you have received. The more complete the picture, the more accurate and useful the assessment. If you are unsure whether something is relevant, bring it anyway.

Contact McMackin Law

You have read this far because you are dealing with a real problem. A business partner who cannot be trusted. A shareholder agreement that is not being honoured. A contract that has been broken. A company that is being run into the ground while you watch.

We can help. The first step is an honest conversation about where you stand and what your options are.

Contact us for a consultation →