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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Business & Commercial Law New Brunswick » Business Litigation Guides New Brunswick

Business Litigation Guides New Brunswick

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Welcome to the New Brunswick Business Litigation guide centre. Here you will find comprehensive resources covering everything from breach of contract disputes to complex shareholder litigation, based on current provincial regulations.

Overview of Business Litigation in New Brunswick

Even with the best planning, commercial disputes can arise and threaten the survival of your enterprise. In New Brunswick, business litigation involves resolving legal conflicts between companies, partners, or clients under the province’s common law system. Whether you are a small business owner in Saint John facing an unpaid invoice or a large corporation in Moncton dealing with intellectual property theft, understanding your legal options is vital to protecting your bottom line.

Litigation is often a last resort, but when negotiations and mediation fail, formal court action becomes necessary. Successfully navigating a corporate dispute requires gathering solid evidence, understanding strict legal procedures, and taking swift action to minimize financial loss and reputational damage.

Common Legal Issues We Cover

Local Legal Context & Courts in New Brunswick

If a commercial dispute cannot be resolved out of court, it will be escalated to the provincial legal system. In New Brunswick, major commercial litigation, complex injunctions, and lawsuits involving large sums of money are heard at the Court of King’s Bench. This superior court has locations in key judicial districts, including Fredericton, Moncton, and Saint John. For smaller commercial debt recovery and minor contract breaches where the claim is $20,000 or less, businesses can use the Small Claims Court for a more streamlined process.

Various provincial bodies may also intersect with your litigation matters. For instance, enforcing a judgment might require interacting with Service New Brunswick (SNB) to register a lien against a debtor’s property, or dealing with the Financial and Consumer Services Commission (FCNB) if the dispute involves specific financial regulations or securities.

Professional Legal Help & Local Agencies

Corporate litigation is incredibly complex, and representing your own company in court is highly discouraged. The rules of civil procedure at the Court of King’s Bench are rigorous, and missing a single filing deadline or improperly formatting a legal document can result in your case being dismissed. Because the financial stakes are often very high, it is heavily recommended to consult with an experienced commercial litigation lawyer who understands New Brunswick law.

We strongly advise against attempting to handle significant corporate lawsuits, draft intricate settlement agreements, or defend your business against serious claims without proper legal counsel. You can find a list of relevant local lawyers and government agencies at the top of this page. Relying on a professional ensures your enterprise’s rights are defended and helps you achieve the most favourable resolution possible.

Frequently Asked Questions (FAQ)

What is the statute of limitations for business disputes in New Brunswick?

Under the Limitation of Actions Act in New Brunswick, you generally have two years from the day the claim was discovered to file a civil lawsuit for most commercial disputes, including a breach of contract.

Can I sue a business in Small Claims Court?

Yes. If the amount you are claiming is $20,000 or less, you can file a lawsuit against a business or individual in the New Brunswick Small Claims Court, which is designed to be faster and less formal than the superior court.

How much does a commercial litigation lawyer cost in New Brunswick?

The cost of business litigation varies greatly depending on the complexity of the case. Most corporate lawyers charge an hourly rate ranging between $250 and $600. Some may offer flat fees for drafting demand letters or filing standard court documents.

What is a shareholder oppression remedy?

An oppression remedy is a legal claim made by a minority shareholder who believes that the corporation’s directors or majority owners are acting in a way that is unfair, prejudicial, or completely disregards their legal interests.

Can we resolve a commercial dispute without going to court?

Absolutely. Many business disputes are settled outside of court through alternative dispute resolution (ADR) methods like negotiation, mediation, or arbitration. These methods can save your company significant time, stress, and money.

How do I enforce a court judgment if the other business refuses to pay?

If you win your case but the debtor will not pay, you can take enforcement steps. This may include garnishing the business’s bank accounts or registering a judgment with Service New Brunswick to place a lien on their real estate property or equipment.