A full breach of contract lawsuit in the New Brunswick Court of King’s Bench typically takes between 18 months and 3 years to reach a final trial. However, more than 80% of business disputes are resolved much faster through negotiated settlements or mediation, often within 6 to 12 months.
In the business world, a signed contract is the foundation of trust. When a supplier, partner, or client breaks that agreement, the financial fallout can be devastating. If you find yourself facing a breach of contract in New Brunswick, your first question is likely going to be: “How quickly can we fix this?” The reality is that the Canadian justice system is thorough, but it is rarely fast.
Taking a case through the Court of King’s Bench requires extreme patience. ⌛ Whether you are filing your lawsuit in Moncton, Saint John, or Fredericton, you are entering a structured legal process governed by strict procedural rules. Understanding the timeline of each phase allows you to make informed decisions about whether to push for a fierce trial or accept an early, strategic settlement.
Step-by-Step Timeline in New Brunswick
A civil lawsuit is not a single event; it is a series of mandatory procedural steps. 📁 Each step has its own specific deadline, and delays from the opposing party or court backlogs can easily stretch the total timeline. Here is the standard progression of a breach of contract claim.
Step 1: The Pleadings Phase (1 to 3 Months)
The lawsuit officially begins when your lawyer files a Statement of Claim at the local courthouse. Once the defendant is served with the documents, they typically have 20 days (if they reside in New Brunswick) to file their Statement of Defence. If they file a Counterclaim against your business, your lawyer will need an additional few weeks to draft a formal response.
Step 2: The Discovery Process (6 to 12 Months)
Discovery is the longest and most intensive phase of litigation. 📊 Both sides are legally required to exchange all documents relevant to the contract, including emails, text messages, and accounting ledgers. After the “Documentary Discovery” is complete, the lawyers will conduct “Examinations for Discovery,” where key individuals from both companies are questioned under oath.
Step 3: Mandatory Mediation and Pre-Trial (3 to 6 Months)
New Brunswick courts strongly encourage parties to settle before taking up valuable trial time. You will likely participate in a settlement conference or hire a private mediator. A neutral third party will review the facts and help both businesses find a financial compromise. The vast majority of contract disputes end right here.
Step 4: The Trial and Judgment (6 to 12 Months)
If settlement fails, your lawyer will request a trial date. 📅 Because of scheduling backlogs at the Court of King’s Bench, your trial date might be set 6 to 12 months into the future. The trial itself may last anywhere from a few days to several weeks. After the trial, the judge may take an additional 1 to 3 months to write and release their final decision.
How Much Does it Cost in New Brunswick?
The longer a case takes, the more expensive it becomes. Legal fees are directly tied to the amount of time your lawyer spends navigating these steps.
- Early Settlement Costs: If the dispute is resolved through negotiations shortly after filing the claim, total legal fees generally range from $5,000 to $15,000 CAD.
- Mediation Costs: Reaching the discovery phase and hiring a private mediator will typically push your legal bill to between $20,000 and $40,000 CAD.
- Full Trial Costs: If your breach of contract case goes all the way to a final judgment at the Court of King’s Bench, the total cost for a business can easily exceed $50,000 to $100,000 CAD.
| Litigation Phase | Average Duration | Level of Court Involvement |
|---|---|---|
| Pleadings (Filing) | 1 – 3 Months | Low (Administrative filing) |
| Discovery Process | 6 – 12 Months | Low (Lawyer-driven) |
| Trial & Decision | 6 – 12 Months wait | High (Judge presides) |
Can the Process Be Sped Up?
Business owners often ask if there is a “fast track” for clear-cut breaches. 🚀 In some cases, yes. If the other party clearly breached the contract and has absolutely no valid legal defence, your law firm can file a motion for Summary Judgment. This asks a judge to rule on the case based entirely on sworn affidavits and documents, skipping the need for a full trial.
Alternatively, if your original contract included an Arbitration Clause, you are bound to resolve the dispute outside the public court system. Arbitration is private and you get to choose your “judge” (the arbitrator). Because you bypass the court’s scheduling backlog, arbitration can often resolve a contract dispute in 6 to 9 months.
Frequently Asked Questions (FAQ)
What is the limitation period for suing over a contract?
In New Brunswick, you generally have two years from the date you discovered the breach of contract to file your Statement of Claim. If you miss this deadline, you permanently lose the right to sue.
Can we stop working with the company while we sue them?
This depends on whether the breach is considered a “fundamental breach” that destroys the root of the contract. If it is only a minor breach, stopping your own work might make you liable. Always consult a lawyer before stopping services.
Do we have to go to court in the city where the other business is located?
Generally, the lawsuit is filed in the judicial district where the breach occurred or where the defendant resides. Your contract might also have a “forum selection clause” that dictates exactly which city the lawsuit must be filed in.
Can I claim compensation for the time I spent dealing with the breach?
Typically, no. Courts award damages to cover direct financial losses and sometimes a portion of legal fees. However, courts rarely award money for the “aggravation” or administrative time a business owner lost dealing with the lawsuit.
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