Business Litigation Lawyer Burnaby, BC
If you’re dealing with a business dispute in Burnaby, whether it’s a broken contract, a falling-out between partners, or a creditor coming after your company, the facts and timing of how you respond matter. These situations have legal deadlines, procedural requirements, and strategic decisions that are best made early.
Our Burnaby, BC business litigation lawyer at HS Law Corporation brings over 20 years of experience handling commercial and corporate disputes, both domestically and internationally. We represent businesses and individuals on all sides of a dispute. Call or book online for a free 30-minute phone or video consultation.
Why Choose HS Law Corporation For Business Litigation in Burnaby, BC?
When a commercial dispute reaches the point of litigation, you need someone who understands both the law and the practical realities of running a business. Not every disagreement needs to go to court. But when it does, preparation and local knowledge matter.
Experience Across Business and Corporate Law
Hogan Song, founder of HS Law Corporation, has been handling business and corporate matters for over 20 years. His background spans everything from contract disputes and shareholder conflicts to debt recovery and commercial real estate. He earned his law degree and undergraduate degree from the University of Alberta and is a member in good standing with the Law Society of BC. He handles all client matters directly, bringing in associate lawyers at his discretion on complex or multi-party files.
As an experienced civil litigation lawyer in British Columbia, Hogan approaches each dispute with a clear-eyed assessment: what does the client actually need to achieve, and what’s the most efficient path to get there?
Community Presence in the Tri-Cities Region
HS Law Corporation is rooted in this region. Hogan serves as a board member of the New View Society and heads its asset management committee. He is also a board member of the Tri-Cities Seniors Action Society and sits on the government relations and economic development committee of the Tri-Cities Chamber of Commerce. He is a member of Small Business BC, an organization that directly supports the kinds of clients we serve every day.
Represented on All Sides of a Dispute
We represent any party in a business litigation matter: plaintiff or defendant, creditor or debtor, minority shareholder or majority, employer or employee. That breadth matters because we understand the arguments on every side before we walk into court or a mediation room.
Client Feedback
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“We hired Hogan to guide us through the probate process and represent us in the civil claims arose from the estate. Hogan was honest and explained things thoroughly. He always had our best interest in mind while acting professionally. The case ended with the settlement to our satisfaction. We highly recommend him.” – Mindy Q.
Read more reviews on our Google Business Profile.
Types Of Business Litigation Cases We Handle In Burnaby
Our firm handles the full range of business litigation for Burnaby clients, from pre-litigation demand letters through trial and, where necessary, appeals. We work on an hourly basis for litigation matters.
- Contract disputes. When one party doesn’t perform, you need to move quickly to preserve your position. We handle breach of contract claims, enforcement actions, and defences across documents like service agreements, supply contracts, commercial leases, and more.
- Partnership disputes. Breakdowns between business partners can paralyze an operation. We represent partners seeking dissolution, buyout enforcement, accounting, or injunctive relief against a co-owner acting outside their authority.
- Shareholder disputes. Minority shareholders often lack the leverage to force action without litigation. We handle oppression remedy applications, derivative actions, and disputes over share valuation or forced buy-sell mechanisms under the Business Corporations Act, SBC 2002, c 57.
- Commercial litigation. Debt recovery, fraud claims, unjust enrichment, and other civil disputes between businesses often require aggressive early action such as freezing orders, injunctions, or pre-judgment attachments. We know when those tools are available and how to use them.
- Business debt and collections. When clients refuse to pay your invoice, you have legal options. We pursue unpaid accounts through demand, negotiation, and litigation where necessary.
- Corporate and small business matters. Not all business disputes go to court. We also advise on corporate restructuring, shareholder agreements, and other matters where early legal input can prevent litigation later.
BC Legal Requirements For Business Litigation
British Columbia has a defined framework governing when and how commercial disputes are pursued in court. A few key points that affect most business litigation files:
Limitation periods. Under the Limitation Act, SBC 2012, c 13, most civil claims in BC must be commenced within two years of the date the claim was discovered. Miss that window, and a viable case is gone. This applies to breach of contract, debt recovery, and most tort-based commercial claims. Some circumstances can extend or reset this period, but you shouldn’t rely on that without advice.
The Business Corporations Act. Shareholder and corporate disputes are governed primarily by the Business Corporations Act, SBC 2002, c 57. It sets out the rights and remedies available to shareholders, directors, and officers, including the oppression remedy under section 227, which allows a court to order relief where corporate conduct is unfairly prejudicial to a shareholder.
Small Claims vs. Supreme Court. Claims under $35,000 can proceed in BC Small Claims Court, which is faster and less expensive. Claims above that threshold go to BC Supreme Court, where procedural requirements, discovery obligations, and costs exposure are significantly higher. Choosing the right forum matters, and the decision isn’t always obvious.
Pre-judgment remedies. BC courts can grant injunctions, freezing orders (Mareva injunctions), and other interim relief before a case is resolved. But the test is strict. Timing and evidence are critical. The BC Supreme Court Civil Rules govern the procedural requirements throughout the litigation process.
Understanding these rules before a dispute escalates can mean the difference between a strong position and one that’s already compromised.
Important Aspects Of A Burnaby Business Litigation Case
The Pleadings Stage
Litigation in the BC Supreme Court begins with pleadings: the Notice of Civil Claim and the Response to Civil Claim. These documents define the legal boundaries of the dispute. What you include here matters enormously. Courts generally won’t let you raise arguments at trial that weren’t properly pleaded, so getting this right from the start is key to our strategy.
Discovery and Document Production
Before trial, both sides are required to disclose relevant documents and, in most cases, submit to examination for discovery (sworn oral questioning by the opposing party’s lawyer). This is where cases are often won or lost. What gets produced, how witnesses answer, and what gets preserved or inadvertently destroyed can determine the outcome long before anyone stands up in court.
Case Planning Conferences and Judicial Case Management
BC Supreme Court requires parties in most civil cases to attend a case planning conference before trial. A judge or master reviews the file, sets timelines, and sometimes pushes parties toward resolution. This isn’t a formality either. It’s an opportunity to shape the litigation roadmap and, occasionally, to surface weaknesses in the opposing party’s position early.
Settlement and Without Prejudice Offers
The majority of business litigation in BC resolves before trial. Formal settlement offers made under Rule 9-1 of the BC Supreme Court Civil Rules carry real cost consequences—f you refuse a reasonable offer and do worse at trial, you may be ordered to pay the other side’s legal costs from the date of the offer. Understanding when and how to make or respond to settlement offers is a significant part of managing litigation risk.
Costs
BC follows a “loser pays” model, at least in part. The successful party in litigation is generally entitled to party-and-party costs: a partial reimbursement of their legal fees calculated according to a tariff. In cases involving misconduct or a refused settlement offer, courts can award elevated costs. This exposure affects how clients and their lawyers approach every decision in a file, from whether to sue at all to when to settle.
Contact HS Law Corporation
If you’re facing a business dispute in Burnaby or the surrounding area, the right time to get legal advice is before the other side has fully organized their position. We offer a free 30-minute phone or video consultation for new matters. Contact us to schedule your appointment today. We respond promptly and will tell you in plain language what your options are.
