Josephson Litigation Counsel

business litigation Archives

Business litigation: Supreme Court orders Google to block sites

The Supreme Court of Canada has told social media giant Google it cannot display websites of a company accused of counterfeiting the products of a Canadian technology company. That goes for displaying those sites anywhere in the world. The ruling stunned advocates of free speech in British Columbia and around the world. 

Supreme Court Clarifies Personal Liability Of Directors In Oppression Cases

The Supreme Court of Canada has recently clarified when personal liability attaches to directors of organizations. In the case, Wilson v. Alharayeri, the court upheld the decision of a lower court to hold a director personally liable for taking advantage of his position to deny a minority shareholder a benefit.

Tim Hortons franchise dispute gives rise to business litigation

In many cases, relationships between franchisors and franchisees nationwide, including in British Columbia, can prove to be mutually beneficial. However, when conflicts arise, issues can be complicated, and if one franchisee is unhappy, other franchisees may feel the same way. Such a circumstance might have led one Tim Hortons franchisee to resort to business litigation in an effort to end a dispute.

Business litigation: Protecting domain names

The internet has developed into a primary source of marketing for many businesses. Domain names are important marketing assets, and laws and regulations are in place to regulate related matters in British Columbia and across Canada. Sometimes disputes arise that require resolution through business litigation.

Employing ADR To Resolve Business Disputes

With the significant expenditure of time and costs associated with litigation, individuals are increasingly looking to alternative methods to settle conflicts. One broad category that has gained attention over the years in business circles is Alternative Dispute Resolution (ADR). ADR is a mechanism used to resolve conflicts amicably, without going to court. Two possible avenues of ADR are mediation and arbitration.

Business Dispute Resolution Through The Litigation Process

Thousands of business disputes arise each year in the province. Many are resolved out of court through direct negotiation or alternative methods. Others require stronger measures - one of which is litigation. Unlike portrayals in popular media, a lawsuit is not a quick, one-time dramatic appearance in court. It is a multi-step process that takes time - typically over a year from start to finish. Yet, resolving a lawsuit need not necessarily take parties through every stage.