Overview
Business and corporate law covers formation, governance, contracts, financing and disputes. The single most consequential document for a company with multiple owners is the shareholder agreement.
When disputes arise, options range from negotiation and mediation, through arbitration where a contract requires it, to court. Directors also carry duties that intensify as a company approaches insolvency.
Common Legal Issues
- Contract disputes with suppliers, customers or partners
- Shareholder and partnership disagreements and deadlock
- Director and officer duties and conflicts
- Commercial lease disputes
- Business sales, purchase-agreement and earnout disputes
- Insolvency, restructuring and director liability
Your Rights
- To enforce the terms of your contracts and governing documents
- As a shareholder, to statutory remedies including relief from oppressive conduct
- To corporate records and financial information in defined circumstances
- To use contractual dispute-resolution processes
- To seek urgent relief such as an injunction where warranted
Regulators & Escalation Routes
- Corporate registries and statutes
- Govern incorporation, filings and shareholder remedies federally and provincially.
- Courts and arbitral institutions
- Resolve commercial disputes; many contracts mandate arbitration.
Regulatory bodies and their processes change. Confirm the current route with the organization before relying on it.
How This Applies to You
Individuals & consumers
Sole proprietors and very small businesses face many of the same issues — unpaid invoices, supplier failures and lease disputes — where small claims and mediation are often proportionate.
Business owners & corporate executives
Owners and executives should focus on enforceable contracts, a shareholder agreement addressing exit and deadlock, defensible governance records, and understanding when director duties shift.
Private investors, family offices & high-net-worth individuals
Family offices and private investors deal with holding structures, governance across multiple entities, succession of control, cross-border tax and regulatory exposure, and disputes involving family and business interests simultaneously.
Frequently Asked Questions
- What if there's no shareholder agreement?
- Corporate statutes still provide remedies — Canada's oppression remedy is broad and commonly used — but outcomes are less predictable and more expensive than enforcing a written agreement.
- Do I have to arbitrate a commercial dispute?
- If your contract contains a valid arbitration clause, usually yes. Courts generally enforce them and will stay proceedings brought in breach.
- Can directors be personally liable?
- In defined circumstances, yes — unremitted payroll taxes and certain employee amounts are common examples, and exposure increases near insolvency.
- What is the fastest route in a commercial dispute?
- Often mediation, or arbitration where required. Court is necessary for urgent injunctive relief or where the other side will not engage.
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This page is general information, not legal advice. LegalCounselNearMe is not a law firm and does not provide legal advice. Laws and processes vary by province and by your specific circumstances.