In recent years, small businesses have become more and more popular. People are opening up restaurants that cater to certain diets, or focus their menus on only specific ingredients. The rise of the smartphone and the app has cultivated a field rich with opportunity for anyone to develop and sell a product and grow as new small-business owners. As you grow as a business it is important to understand the new rules and guidelines you have to operate under. While your operation may be small, functioning under a more traditional “mom and pop” banner and interacting with all a select few individuals you have taken on a much greater responsibility. As a business owner, you are not just dealing with people, you are dealing with a wide array of business practices. You have to deal with insurance coverage, employment and labour, patents, trademarks, industry regulations and so on; all of which fall under the umbrella of commercial litigation. Thus it is important to know and understand the difference between civil and commercial litigation.
Civil VS Commercial Litigation Lawyers
Civil litigation is considered more “traditional” litigation as it involves people; where as commercial litigation involves business. In terms of procedure, civil and commercial litigation are quite similar. Both follow the typical litigation steps such as:
- acquiring an attorney
- conducting their own investigation into the charges
- researching any possible questions to the law and more
Civil cases often revolve around one party, the plaintiff, seeking compensation in the form of monetary damage from the second party, the defendant. To be clear, civil litigation is not criminal charges. Rather, civil litigation is a dispute between two parties where one is seeking money from another. Criminal charges or penalties are rarely an issue and usually not what the plaintiff is looking for. Civil litigation can deal with issues between landlords and tenants divorce lawsuits and medical malpractice. Often civil litigations are settled by reaching an agreement and rarely go to court. If the case does end up going to court then the process can take anywhere from several months to years. Unfortunately, the time process is reflective of the complexity of the case and the relationship of the parties.
Commercial litigation deals with all legal aspects of the business itself and/or with people in and/or working with the business. The goal of every business is to thrive and grow. In growing a business brings more and more people under its umbrella. These people are not just customers, they are employees, they are partners, and investors, buyers and sellers just to name a few. There are contracts to honour, transactions to secure and provincial commercial laws to follow. Commercial litigation encompasses all of these areas and more. The trouble with commercial litigation is not only are the commercial laws perpetually changing so is the business landscape. Take for example the birth of the app, which we mentioned earlier. Not only did it change introduce a new avenue in business, it introduced the new litigation of cybersecurity and data privacy. As a business with an internet presence, you have to ensure your consumers’ information is kept secure at all times. Failing to provide this guarantee may find you on the receiving end of a class-action lawsuit.
Whether you are a consumer or business owner, it is important to know where you stand and which direction to take. Civil litigations can be stress and commercial litigation can be expensive and time-consuming, delivering damaging blows to any business so it is important to map out an effective and efficient strategy. Let us at Ganapathi Law protect you from anyone looking to take advantage of you. At Ganapathi Law, we know how important a name is and we will do everything to make sure yours remains the symbol of integrity you know it is.