Litigation

Breach of Contract Litigation

Skilled Toronto Breach of Contract Litigators

A contract is a set of binding obligations and rights between two or more parties. If one of these party’s fails to perform its obligations, the non-breaching party may bring a claim to enforce its rights at law in court.

The lawyers at GLG LLP have considerable experience in drafting contracts and other business agreements. They understand the fundamental importance of ensuring that the terms of the contract are unambiguous. When a party fails to honour their obligations, they will represent their clients in court to secure fair compensation or an equitable remedy for any loss.

Remedies for Breach of Contract

There are three primary remedies for contractual breach, each of which may be applied, depending on particulars involved.

Damages

Courts will most commonly award damages in the case of a breach of contract. The amount of damages will be calculated based on what would be required to put the party suffering a loss in the position they would have in had the contract been performed. For example, if a buyer were to back out of a real estate transaction, in breach of the Agreement of Purchase and Sale, the seller may not be able to find another buyer who will purchase the property for the same price. If the seller is forced to take a loss, a court may order the original buyer to pay the difference to the buyer. In particularly egregious cases, a party in breach may also be ordered to pay additional damages above and beyond the loss itself.

Injunctive Relief

A prohibitory injunction may be ordered to restrain a party from breaching a contract. This may be ordered on an interlocutory (temporary) basis, while the court assesses the full merits of a case; it may also be permanent. The criteria to establish that an injunction is necessary is stringent. The claimant must establish certain elements, including that it would suffer irreparable harm if the court refused to grant the injunction.

Specific Performance

Specific performance is an equitable remedy allowing a court to order a party to fulfill its obligation under a contract. Referring back to the example above, rather than awarding damages, the court could order the party to purchase the house as agreed. This remedy is commonly used when the aggrieved party would have been entitled to a particularly unique benefit under a contract that money could not replace.

Contact GLG LLP for Experienced Contract Dispute Litigation Advocacy

Contact GLG LLP in downtown Toronto for assistance with litigation relating to breach of contract or other contract disputes. The firm’s litigators provide efficient and skilled trial advocacy for a range of legal issues and will look to settle your matter quickly and efficiently. Call the firm at 416-272-7557 or contact them online to schedule a confidential consultation.