Aggressive and results oriented.
That’s the approach Hamilton and Toronto based Michael’s Law Firm takes for all of its breach of contract cases and why Michael Lesage is known as a reputable and highly sought after business lawyer specializing in breach of contract strategies.
Call 647-495-8995 to discuss your breach of contract case with us today.
What Is A Contract?
A contract is a written or oral agreement, between two or more parties, that creates an obligation to do (or not do) a particular thing, that is intended to be enforceable by law. Technically speaking, a contract is formed virtually every time money changes hands though the exchange of money is not strictly necessary (i.e. barter deals).
Common consumer contracts include agreements for the purchase of a home, car, and even your cell phone service agreement.
Commercial contracts involve the provision or purchase of products and/or services.
What Is Breach of Contract?
A basic breach of contract definition is when one party to a contract fails to deliver what they have promised. When that occurs, the other party has the right to seek financial compensation for any damages sustained, generally, the amount of money necessary to put them in the position they would have been, but for the breach by the other party.
For example, suppose that you instructed your broker to buy one ounce of gold on your behalf, at a time when the price was $1,000.00 per ounce (and for this example, ignoring any fees charged by the broker). Now, suppose that the price doubled overnight, to $2,000.00 per ounce, but your broker informed you that he had forgotten to place the order. In that example, your damages would be $1,000.00.
In limited circumstances, such as those involving the sale of land, the innocent party may ask the Court for an Order of ‘specific performance,’ requiring the breaching party to fulfill the obligations of the contract.
Examples of Breach of Contract in Ontario
Breaching a contract can happen in a number of ways within the business world:
- Breach of contract by seller – suppliers or service providers invoicing excessive amounts
- Supplier breach of contract – a supplier delivering an inferior quality product or service
- Breach of contract by buyer – customers failing to pay invoiced amounts
- Contractor breach of contract – a builder or contractor failing to perform, or to perform in a workmanlike manner
- Employer breach of contract
- Employee breach of contract
- Landlord breach of contract
- Real estate breach of contract
Common Ontario Breach of Contract Elements
In Ontario there are several components involved in suing for breach of contract:
- Breach of contract damages
- Breach of contract letter
- Anticipatory breach of contract
- Breach of contract remedies
- Breach of contract court cases
Where Can I Learn More About Contract Law?
You can find a pretty good overview of some basic contract law principles here. While that site is US based, a majority of the concepts apply in Ontario, which also applies the common law.
How Can A Breach of Contract Lawyer Help?
Hiring an experienced business contract lawyer can help in a number of ways.
Initially, an experienced Ontario contract lawyer can review your breach of contract case, explain its strengths (and potential weaknesses), and then determine what evidence, including expert evidence, may be necessary, or alternately, what defences may be available to you. For instance, some contracts are legally invalid.
An experienced contract lawyer can also attempt to resolve the dispute with the other side without going to Court. Options may include alternate dispute resolution such as mediation and/or arbitration. Often, just hiring an experienced lawyer gives you leverage, as in Ontario, the losing party is generally required to pay all or a portion of the winning party’s legal fees and expenses.
Where resolution is not possible, I have experience taking numerous breach of contract cases to Court and/or arbitration, and I will pursue your claim (or defence) aggressively, yet in a cost-efficient manner.
Be aware that you only have a limited time to bring your claim before it becomes barred.
Have Michael Lesage Evaluate Your Case
If you are currently involved in a business or commercial dispute and need legal help call litigation lawyer Michael Lesage at 1-647-495-8995 today for a free, confidential assessment of your case.
Alternatively, fill out the Case Form on the left of this page. With Hamilton and Toronto law offices we’ll meet you where it’s most convenient and start developing a winning strategy that goes in your favour.