Brian Wilson Law | Law Simplified | Business and Real Estate Litigation

Business and Real Estate Litigation

Litigation

Are you involved in a business or real estate dispute?

Disputes are always stressful because you don’t know how long they will last, how they will end and what the impact will be on your financial situation.

We can assist you to resolve your business or real estate related dispute through negotiation, mediation, arbitration and litigation. Some examples of matters we handle include:

  • Breach of contract
  • Commercial/contractual disputes
  • Debt collection
  • Shareholder disputes
  • Partnership disputes
  • Construction lien
  • Failed real estate transactions
  • Mortgage enforcement (power of sale)
  • Commercial lease disputes and enforcement
  • Correcting title problems on real estate matters

Philosophy / Approach to Litigation

Most of our clients are individuals and small business people and their litigation disputes involve amounts that run into the tens of thousands of dollars or even up to a few hundred thousand dollars – amounts that are high enough to be worth fighting for but low enough that legal expenses are an issue.

Litigation, when drawn out, is incredibly expensive for all parties involved in the dispute.  For disputed amounts that don’t run into the millions, a practical approach is usually the most effective.  Our aim is to maximize the amount of money in your pocket at the end of the day and to minimize the amount of time spent getting to that point so you can move on with your life and focus on your core business.  Our focus is on “the big picture”.  This is not to say we don’t sweat the details because details can make or break a case.  It’s about knowing all the details but focusing on the important issues.

Our aim is to maximize the amount of money in your pocket and to minimize the amount of time spent getting to that point

The Litigation Process

The following is an outline of the major steps in a litigation matter:

  • We meet with you to discuss your matter, determine if the we can assist you and how, and provide you with an outline of our legal fees
  • We gather the relevant facts from you and carry out research if necessary to assess the strengths and weaknesses of your case; we then provide you with an honest opinion on the merits of your case
  • If you wish to proceed, we develop and agree on a strategy moving forward
  • We attempt to negotiate a resolution with the other party to avoid litigation
  • Commencement of legal proceedings;
  • Exchange of information with other parties to learn more about the matter and better assess the client’s position (known as “Discovery”)
  • Mediation of the case with an independent mediator in an effort to settle the case
  • Pre-trial conference with a judge to narrow the issues and attempt to settle the case
  • Trial
  • Collection / enforcement if applicable

The litigation process is expensive and lengthy. The further the case goes, the more expensive and time consuming it becomes (cases going all the way to trial can take years, and tens of thousands of dollars in legal fees or more).  It is perhaps not surprising then that most cases end up settling before trial.  The earlier the settlement, the better off the parties usually are.

Fees

Our legal fees for handling litigation matters are based on an hourly rate.  Precise costs estimates are not possible since there is no telling how far your case will go.  However we can provide you at the outset with a litigation plan outlining estimated costs for each step in the litigation process to give you an idea of the anticipated legal expenses.

 

Give us a call; we would be pleased to discuss your case