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Commercial Litigation

Contracts

Caza Saikaley litigators are experienced in advising and representing individuals and companies on the formation and validity of contracts, whether agreed upon in writing or otherwise, including with regard to standard form contracts used in commercial contexts.

Likewise, our lawyers regularly advise clients on the likely interpretation that a court or arbitrator would give to a contract or specific conditions thereof, or about what express or implied conditions would be likely to be included by a court or an arbitrator upon reading the contract. In this way, the rights and obligations of each of the parties can be fully understood.

Whether or not a contract is terminated by performance in accordance with its terms, whether there is a legally recognized justification for non-performance or partial performance, whether there has been breach of contract, and the legal effect the breach, and the other party’s response, are legal considerations often at the heart of a contractual dispute or litigation.

Injunctions ending breach of contract

In appropriate circumstances, a party to a contract may seek an interim, interlocutory or permanent injunction preventing the other party to the agreement from breaching the contract, or take steps to prepare for doing so. Sometimes this interim, interlocutory or permanent remedy is considered a declaration by the court as to the validity of the contract.

We can provide advice on these and other types of urgent remedies, whether it is in relation to a legal action already initiated or contemplated in Ontario, in relation to national or international arbitration, or where the relief is sought in the context of proceedings initiated or contemplated in another jurisdiction.

A party to an agreement seeking this type of injunction or order should quickly seek legal advice and initiate appropriate legal proceedings.

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Our Team

Albert Brunet

Lawyer

Ronald F. Caza

Partner

Robert Ruddock

Lawyer

Jeff G. Saikaley

Partner

Geneviève Therrien

Lawyer

I.G. Whitehall, K.C.

Arbitrator