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FAQ
Do you handle complex or high-net-worth matters?
Yes. We represent clients in matters involving complex financial structures, business interests, investment portfolios, and significant assets. These cases require careful financial analysis and strategic planning to protect long-term stability.
Do you offer services in multiple languages?
Yes. Our team provides multilingual legal support to better serve Vancouver’s diverse community.
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What can I expect during my initial consultation?
During your initial consultation, we will review the key details of your situation, identify the legal issues involved, and outline potential next steps.
Our goal is to provide clarity, explain your rights and obligations, and help you understand the options available to you. You will leave with a clearer understanding of your position and the path forward.
Our Approach
Breach of Contract and Legal Remedies in Canada: What BC Businesses Need to Know
As a litigation lawyer at Umbrella Law Corporation in New Westminster, British Columbia, I regularly advise clients on contract disputes, from construction projects to commercial leases and shareholder agreements. Contracts form the backbone of business in Canada, but breaches happen. Understanding your rights under Canadian common law and BC statutes is key to protecting your interests.
A breach occurs when a party fails to fulfill obligations without legal excuse, such as non-delivery of goods, late payments, or repudiation (anticipatory breach). Minor breaches allow continuation; fundamental ones (going to the contract’s root) may justify termination, per Hunter Engineering Co v Syncrude Canada Ltd (1989 SCC).
What Makes a Valid Contract in Canada?
Under common law (codified in BC’s Sale of Goods Act, RSBC 1996, c 410, s 14), essentials include:
Offer and acceptance
Consideration
Intention to create legal relations
Capacity and legality
Courts imply a duty of honest performance (Bhasin v Hrynew, 2014 SCC 71, para 33), requiring good faith.
Key Legal Remedies in BC
Canadian courts aim to put you in the position you’d be in if the contract was performed (expectation damages).
Damages: Compensatory for direct losses; consequential if foreseeable (Hadley v Baxendale (1854) 9 Ex 341, adopted in Canada). Liquidated damages are enforceable if not punitive (Elsley v JG Collins Ins Ltd, 1978 SCC). No remote losses.
Specific Performance: Ordered for unique items like land (Unique Broadband Systems Inc v Canada, 2010 SCC 37), under BC Supreme Court Civil Rules (Rule 10-4).
Injunctions: Prohibits breaches, e.g., non-competes (Elsley, above) or confidentiality. Granted if irreparable harm shown (RJ Reynolds v Imperial Tobacco, 2011 SCC 20).
Time Limits in BC
File within 2 years of discovering the breach (Limitation Act, SBC 2012, c 13, s 6(1)). Ultimate 15-year limit (s 21). Miss it, and your claim is barred.
Duty to Mitigate
You must minimize losses reasonably (Michaels v Red Deer College, 1976 SCR 324), or damages reduce.
Common Disputes in BC
Construction (Builders Lien Act, SBC 1997, c 45)
Employment (Employment Standards Act, RSBC 1996, c 113, s 63)
Leases (Commercial Tenancy Act, RSBC 1996, c 71)
When to Call Umbrella Law
Contact us if facing termination, demand letters, or looming deadlines. Early advice preserves options.
Facing a breach in New Westminster or BC? Reach Umbrella Law Corporation for a consultation: [phone] | [email].
By Jeff Courson, Litigation Lawyer
Umbrella Law Corporation, New Westminster, BC
Disclaimer: For informational purposes only. Consult a lawyer for tailored advice
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