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Understanding the Basics of Business Law In Canada

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Published by:

Olivia Moore

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Reviewed by:

Alistair Vigier

Last Modified: 2024-05-24

Are you looking for a top business law lawyer in Canada? 

The facts show that most businesses fail. And there are a few good reasons why businesses fail:

  • They don’t manage cash flow
  • The market doesn’t like what they are selling
  • They get shut down by a regulator or get sued into bankruptcy

Partnership Agreements and Business Law

Chances are you put a lot of effort into your product or service. You also probably care a lot about marketing. People care less about accounting, taxes, and business law. This is a massive mistake.

Don’t be part of the 90% of businesses that fail.

There are two parts to business law in Canada: planning and lawsuits. Many businesses don’t plan, so there end up being lawsuits. People think they save money by not having lawyers create contracts. Most of the time, this is not true.

The number of businesses that fail in litigation is significant. We can’t provide examples of companies that the lawyer we work with has helped, but we can discuss what appeared in the media.

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The Role of Business Law in Canadian Startups

A company called Ross AI was located in Canada but did most of its business in the United States. The company focused on artificial intelligence in the legal innovation industry.

The CEO is bright, a 30 under 30 winner, and known to be friendly. He made it his mission to innovate the broken legal industry, which Clearway also believes in.

The company’s business model was to make it easier for lawyers to find case law. When preparing for a hearing, you must gather your facts and legal basis.

The basis for business law disputes can come from the law, “Acts,” or case law. Case law comes from judge-made law—it’s what judges have decided in the past.

Lawyers and law firms are attracted to any software or artificial intelligence that makes reviewing thousands of judges’ decisions easier.

Intellectual Property Lawsuits

The company raised a lot of money and built a great product. We never used it, but we heard it was high-quality and law firms loved it.

Thompson Reuters sued Ross AI. For those who don’t know, Thompson Reuters is probably the most influential company in the legal industry. It owns many different companies and products.

The business lawsuit focused on intellectual property theft. Thompson Reuters “TR” said Ross AI signed up for one of their services and platforms.

Once Ross AI had access to TR’s platform, they hired a company to copy the information. There is a difference between scraping information online and appearing in an internal system that someone has to pay for.

Denying The Business Law Lawsuit Allegations

Ross AI denied the allegations and said that the point of the lawsuit was to destroy their company. Ross claimed to have created a better product than TR had. TR wanted to shut it down.

Ross AI did not take the threat of business law lawsuits seriously. A few months after the lawsuit was filed, they shut down.

They seemed to have a great product and a friendly CEO who could raise money, but a lawsuit crushed them. They should have had a litigation fund ready to go.

The CEO gave up on innovating the legal industry and moved to the medical industry. Many tech people fail in the legal industry. They focus on finding product/market fit but don’t take litigation seriously.

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Contracts To Prepare For Litigation

The point of this story isn’t to make you scared to start a business. It’s to show that you can build a great company, but you will still likely fail if you don’t have a lawsuit risk management plan.

As your company grows, there will be lawsuits. It might not be your company that is being sued. Maybe you provided a $500K payment to some company.

They don’t deliver the goods or services; they keep the money. Now you must explain to your investors that you just lost $500K. You didn’t have a proper plan or contract in place.

Your investors cut your funding because they think you don’t know what you are doing.

We get these types of cases every single day. People are either out a bunch of money or coming after them. People end up spending $50K on a litigation business lawyer.

They didn’t want to hire a lawyer to prepare a proper contract.

Prepare a proper business law contract

They think downloading a basic agreement on the Internet is the same as getting legal advice. While the downloaded agreement might be okay, several critical terms are almost guaranteed to be missing.

Because these terms were not agreed upon, the issues must be resolved in court. The more time you spend in a business law court, the more it costs you.

If you had a contract, it might have been a three-day trial. Now because there is no contract, it’s a twenty-day trial. You might have to spend $2500 for each day of the trial.

Spending $7500 on a three-day trial isn’t bad, but spending $50,000 on a trial is a lot of money for the average business.

At the very least, once your business is up and running and you have money, bring in a business law lawyer. If you can’t plan from day one, start doing it right as soon as you can afford to spend a few thousand dollars on a lawyer.

Always keep at least $20K in a separate litigation back account. Save that money for a rainy day.

Partnership Agreements

Most people think of lawsuits as stressful and full of drama. The reality is that lawsuits can and do go wrong. When a company or person does something that causes harm to others, there must be consequences.

Knowing about lawsuits is essential so you are not afraid of them.

Lawsuits are part of the civil process. They involve two different parties, and one party is trying to get compensation awarded to them for damages caused. Civil torts are also a common reason why lawsuits are started.

It’s simply something that is not a crime but causes harm to someone anyway.

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How Business Law Influences Commercial Transactions

The most common type of tort is personal injury. BC Courts have recently created new rules to disallow personal injury trials.

Sometimes the line between a tort and a crime might be very thin. If someone breaks a contract and doesn’t pay back the money, that might be a tort (contract dispute.)

If they did this intentionally, it might be fraud, which is criminal law. You cannot sue someone for a criminal act, but you can sue for torts.

Usually, the end goal of a lawsuit is to get compensated. You should be put in the same position before the wrong thing happens. Also, you might receive special costs or be awarded punitive damages.

Fundamentals of Business Law in Canada

You should always speak to a lawyer before filing a lawsuit. Further, once you file the lawsuit, you usually won’t be able to get out of it without paying the other side’s legal fees.

If you withdraw your complaint, the other side will likely get an order that you must pay for their legal fees. Many people spend tens of thousands on a lawsuit, which could be a hefty sum.

Keep in mind that you also might be countersued. This means that they will file a lawsuit right back at you. If you drop your claim, then you become the defendant by counterclaim.

The other side becomes the plaintiff by counterclaim. The tables have turned.

Compliance for Canadian Businesses

A lawsuit is started when someone files a notice of civil claim. It requires all your factual statements about what happened. It also explains the damages that you incurred.

It explains that this court is correct to hear your dispute. In business law, transactions might occur in multiple provinces or even countries.

It’s not always clear which court can decide a dispute. That is why it’s essential to have a clause in the agreement stating which court will hear disputes.

Further, many contracts use arbitration to resolve their legal matters.

Notice Of Civil Claim

At the end of the notice of civil claim, you will provide a legal statement about how the laws apply to the facts. Most non-lawyers have no idea how to do this.

Judges look at how other judges dealt with similar cases. Further, that is the common-law system used by countries like Canada, Australia, New Zealand, and the United Kingdom.

Therefore, whoever can make the best argument for a decision similar to the judge’s will often win the lawsuit.

Canadian Business Law

How much does it cost to hire a business lawyer? Lawyers can charge flat fees for many services, such as preparing shareholder agreements or corporate structures.

Business lawyers charge an hourly rate for things that cannot be offered as a flat fee. The average rate for a lawyer is $300/hour, but it can be more or less depending on how many years of experience the lawyer has.

Instead of contacting a law firm with the question, “How much will this cost?” It is more important to explain your situation clearly.

Also, you should explain what you need from a business lawyer. Costs will be discussed before you sign the lawyer’s retainer agreement. Therefore, we do not recommend starting with the topic of costs. Further, the lawyer needs to understand your situation before making cost estimates.

Who Do Canadian Business Lawyers Represent?

  • Franchises
  • Start up’s
  • Small businesses
  • Family-owned businesses
  • Medium-sized businesses
  • Retail
  • Media companies
  • Technology companies
  • Cannabis companies
  • Bitcoin companies

How much does it cost to hire a business lawyer?

The costs will differ for a shareholder agreement versus a large business lawsuit.

Other common reasons people hire a business lawyer include incorporation agreements, employment agreements, and dealing with small claims lawsuits.

Either way, you should get legal advice from a top business lawyer.

There are many different fee arrangements, so it’s important to find a corporate lawyer who fits your budget.

What Can A Business Lawyer Do for You?

  • Transferring your business to someone else
  • Selling your shares in a private company
  • Buying shares in a private company
  • Reviewing contracts
  • Doing due diligence in business deals
  • Provide legal advice on business risk
  • Setting up companies
  • Creating shareholder agreements
  • Creating partnership agreements
  • Franchising your company
  • Buying a franchise

Business Transactions Law

The other side will get served with your notice of civil claim. Further, they will have to respond within a certain period. If they do not answer, you can file a default request.

If they do respond, they will respond with the reply to a notice of civil claim or a motion to dismiss.

When they file a motion to dismiss, they believe there is something wrong with your lawsuit. You might have filed the claim after the two-year limitation period was over.

Most of the time, people must start a lawsuit within two years.

The person who files the complaint is called the plaintiff. The person who responds to the complaint is called the defendant.

When the defendant replies to the claim, they can admit certain facts and deny other facts. In any lawsuit, both sides will agree to certain things.

There will be critical parts to the lawsuits where both sides will disagree.

Do I Need a Lawyer to Start a Business In Canada?

Your companion is among the first people you should consult when starting a business. This is because starting a business will impact your relationship with the demanding time and commitment required to start and run it.

Consider consulting a lawyer before starting your business to help determine what type of business suits your needs. You could also involve a financial advisor to help you plan well with the capital you have.

Have a mentor who can broaden your mind on challenges and opportunities in your area of interest.

What Does a Business Law Lawyer Do?

Your companion is among the first people you should consult when starting a business. This is because starting a business will impact your relationship with the demanding time and commitment required to start and run it.

Consider consulting a lawyer before starting your business to help determine what type of business suits your needs. Consider involving a financial advisor to help you plan well with the capital you have. Have a mentor who can broaden your mind on challenges and opportunities in your area of interest.

Who Should I Consult Before Starting a Business?

Your companion is among the first people you should consult when starting a business. This is because starting a business will impact your relationship with the demanding time and commitment required to start and run it.

Consider consulting a lawyer before starting your business to help determine what type of business suits your needs. Consider involving a financial advisor to help you plan well with the capital you have. Lastly, have a mentor who can broaden your mind on challenges and opportunities in your area of interest.

We hope you found this article on business law in Canada helpful. Read more articles to learn more about business law.

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