Taking a business dispute to the Court of King’s Bench in New Brunswick generally costs between $15,000 and $100,000 CAD, depending on the complexity of the case. While basic court filing fees are around $110 CAD, the majority of the expense comes from your law firm’s hourly rates, which typically range from $250 to $600 CAD.
When a business partnership turns sour or a major supplier fails to deliver, the financial health of your company is immediately put at risk. Engaging in commercial litigation is a serious decision that requires a clear understanding of the financial commitment involved. Whether you operate a tech startup in Fredericton, a logistics company in Moncton, or a retail store in Saint John, knowing how much it costs to enforce your legal rights is essential for protecting your bottom line.
It is important to remember that every business dispute is unique. 📈 The total cost of a lawsuit is heavily influenced by how aggressively the opposing party fights back, the volume of corporate documents that need reviewing, and whether the case goes all the way to a trial. Most corporate applicants in this province choose to hire an experienced local lawyer to strategically manage these variables and keep costs under control.
Step-by-Step Process in New Brunswick
Commercial litigation in New Brunswick follows a highly structured path governed by the Rules of Court. 📁 The Court of King’s Bench is the provincial court responsible for handling large business disputes. Understanding the steps involved will help you see exactly where your legal budget is being spent.
Step 1: Initial Assessment and Demand Letter
Before jumping into a lawsuit, your lawyer will thoroughly review your contracts, emails, and financial records. After assessing the strength of your case, they will draft a formal Demand Letter. This letter outlines your claims and gives the opposing party a final chance to settle the matter without going to court. This step is cost-effective and often resolves the dispute early.
Step 2: Issuing the Statement of Claim
If the demand letter is ignored, your law firm will draft and file a Statement of Claim at your local courthouse. 📝 This official document sets out the legal basis of your lawsuit and the specific damages you are seeking. The opposing party (the defendant) will then have 20 days to file a Statement of Defence if they are located within New Brunswick.
Step 3: The Discovery Phase
This is usually the most expensive and time-consuming part of commercial litigation. Both sides must exchange all relevant documents, including thousands of emails, accounting records, and internal memos. Following this, lawyers will conduct Examinations for Discovery, where key witnesses are questioned under oath before a court reporter.
Step 4: Pre-Trial and Settlement Discussions
Before an expensive trial takes place, the court encourages alternative dispute resolution. 👨⚐️ You will likely attend a settlement conference or private mediation. A neutral mediator will help both businesses try to find a compromise, which can save tens of thousands of dollars in trial preparation fees.
Step 5: Going to Trial
If no settlement is reached, the case proceeds to a formal trial at the Court of King’s Bench. Your lawyer will present evidence, cross-examine witnesses, and argue your case before a judge. Trial preparation involves long hours, making this the most financially demanding phase of the process.
How Much Does it Cost in New Brunswick?
Budgeting for a lawsuit requires understanding the difference between government fees, professional legal fees, and third-party expenses. 💰 While court fees are fixed, legal fees fluctuate based on the hours worked.
- Court Filing Fees: Filing a standard Statement of Claim at the Court of King’s Bench currently costs approximately $110 CAD, with additional small fees for filing motions or setting trial dates.
- Lawyer Fees: Most commercial litigation lawyers charge an hourly rate. Junior lawyers typically charge $200 to $300 CAD per hour, while senior partners often charge $400 to $600 CAD or more.
- Expert Witness Fees: If your case requires forensic accountants to prove lost profits or engineers to prove construction defects, expect to pay between $5,000 and $15,000 CAD for their reports and testimony.
| Complexity of Lawsuit | Estimated Total Cost (CAD) | Typical Scenario |
|---|---|---|
| Low Complexity | $15,000 – $30,000 | Simple breach of contract, settled after Discovery. |
| Moderate Complexity | $30,000 – $75,000 | Shareholder dispute requiring mediation and multiple motions. |
| High Complexity | $100,000+ | Multi-party corporate fraud going to a full multi-week trial. |
How Long Does the Process Take?
Commercial litigation is rarely a swift process. ⌛ The timeline depends heavily on the court’s schedule and how cooperative the opposing party is during document production. Currently, in April 2026, the New Brunswick court system is managing consistent backlogs.
If your case settles early during the pleadings or discovery phases, it can be resolved in 6 to 12 months. However, if your business dispute must go all the way to a full trial, you should expect the process to take anywhere from 2 to 3 years from the date you first file the claim.
Frequently Asked Questions (FAQ)
Can I represent my own corporation in court?
Generally, no. Under New Brunswick law, an incorporated company is considered a separate legal entity and typically must be represented by a licensed lawyer in the Court of King’s Bench, unlike individuals who can self-represent.
Will the losing party have to pay my legal fees?
If you win your case, the judge will usually award “costs” in your favour. However, this rarely covers your entire legal bill. Typically, a costs award only reimburses about 40% to 60% of what you actually paid your lawyer.
What is the statute of limitations for a business dispute?
In New Brunswick, the basic limitation period is two years. This means you generally have exactly two years from the date you discovered the breach of contract or financial loss to file your lawsuit.
Is arbitration cheaper than going to court?
Arbitration is not always cheaper, as you have to pay the private arbitrator’s hourly rate (which courts do not charge). However, arbitration is completely private and usually much faster, which can save businesses money indirectly by resolving the dispute sooner.
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