Civil & Commercial Litigation
FidesLex excels in resolving complex civil and commercial disputes. We favor a strategic approach that aims to protect your interests while seeking pragmatic and effective solutions.
Our Services
- Contract disputes
- Shareholder disputes
- Debt recovery
- Injunctions and provisional measures
- Mediation and arbitration
- Civil liability
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What You Need to Know
Most civil and commercial disputes settle before trial, but every stage — from the formal notice to judgment — involves strategic choices that shape the outcome. Knowing the options available at each stage makes it possible to choose the most effective path to protect your interests.
The formal notice: a required first step
Before most civil proceedings can be filed, the law or plain prudence requires sending a formal notice (mise en demeure): a written demand that sets out the claim and gives a reasonable deadline to respond. A well-drafted notice sometimes resolves the dispute without going further, and it is often a condition for claiming certain damages.
Disputes between shareholders and partners
Conflicts between shareholders or partners often involve governance, profit-sharing, or a breach of a shareholders' agreement. The Civil Code of Quebec and the Business Corporations Act provide specific remedies, including the oppression remedy, when a minority shareholder is treated unfairly.
Provisional measures and urgency
When imminent harm threatens your interests, the court can grant provisional measures before the dispute is even heard on the merits: a safeguard order, an injunction, or a seizure before judgment. These urgent remedies require fast, solid evidence, which makes early legal involvement decisive.
Choosing the right forum
Depending on the value and nature of the claim, a case may be heard in the Small Claims Division, where parties generally represent themselves, or follow the regular procedure before the Court of Quebec or the Superior Court. The choice of forum and resolution method — negotiation, mediation, arbitration, or trial — has a direct effect on timelines and cost.
Frequently Asked Questions
What is the difference between mediation and arbitration?
Mediation is a voluntary process where a neutral mediator helps parties reach an agreement. Arbitration is more formal: an arbitrator renders a binding decision, similar to a court judgment.
What is the limitation period for a civil lawsuit in Quebec?
In Quebec, the general limitation period is 3 years from the day the right of action arose. It is crucial to consult a lawyer quickly to avoid losing your rights.
How long does a civil trial take?
Duration varies considerably depending on the complexity of the case. A dispute can be resolved in a few months through negotiation, or take several years if the case goes to trial.
Can I recover my legal fees if I win?
In Quebec, the court may award judicial costs to the winner, but they generally do not cover the full amount of legal fees. Each case is evaluated individually.