What You Need to Know About Civil Litigation for Breach of Contract

If you’ve ever signed a contract and later found that the other party failed to hold up their end of the deal, you know how frustrating and costly that experience can be.

Whether it’s a service provider who didn’t deliver as promised, a supplier who fails to meet deadlines, or a partner who walks away from obligations, a breach of contract can cause serious disruptions to your finances, business, or personal plans.

Before you head to court, it’s essential to understand how you can approach the matter properly through civil litigation.

What Counts as a Breach of Contract?

A breach of contract happens when one party fails to perform any term of a contract without a legitimate legal excuse.

This could involve:

• Not completing a job
• Failing to deliver goods or services on time
• Providing substandard work or products
• Refusing to pay on time or at all

The breach can be either material, which is significant enough to destroy the value of the contract, or minor, which is a small deviation that doesn’t drastically change the outcome.

Knowing which type of breach you’re dealing with will shape your litigation strategy.

Can You Sue for a Breach of Contract?

You have the legal right to sue for breach of contract if you can prove four key elements:

• A valid contract existed
• You upheld your obligations under the contract
• The other party failed to meet its obligations
• You suffered losses as a result of that breach

Sometimes, even oral agreements can be enforced, though written contracts are easier to prove in court.

Before jumping into a lawsuit, consider whether the breach can be resolved through negotiation, mediation, or arbitration.

However, if these alternatives don’t work or the breach has caused significant harm, filing a civil suit might be your best option.

Understanding the Civil Litigation Process

When you pursue civil litigation for a breach of contract, you’re asking the court to intervene and either enforce the terms of the agreement or award damages.

Here’s how the process usually unfolds:

1. Consultation and Evidence Gathering

You’ll want to sit down with an attorney and present all relevant documents, including emails, signed contracts, text messages, and records of damages.

Strong evidence will help build a compelling case.

2. Filing the Lawsuit

Your lawyer will draft and file a complaint outlining how the other party breached the contract.

Once served, the defendant has a chance to respond.

3. Discovery

Both parties exchange information and evidence.

This can include depositions, interrogatories, and document requests.

4. Negotiations and Pre-Trial Motions

Many breach of contract cases settle before reaching trial.

If not, pre-trial options may be filed to clarify legal issues or even dismiss the case.

5. Trial and Judgement

If the case goes to trial, each side presents evidence and arguments.

The judge, or sometimes jury, delivers a judgment, either awarding damages, ordering performance, or dismissing the case.

6. Appeals

If either party believes a legal error occurred, they can appeal the decision, though this is a separate process with its own requirements.

What Damages Can You Recover?

Depending on the nature of the breach and the impact on you, the court may award several types of damages:

• Compensatory damages: Cover actual losses you incurred
• Consequential damages: Cover indirect losses like lost business opportunities
• Liquidated damages: Pre-agreed amounts specified in the contract
• Specific performance: Court order requiring the breaching party to fulfill their obligations
• Punitive damages: Rare in contract law, but possible in cases of fraud or bad faith

According to recent Canadian civil litigation statistics, breach of contract cases make up approximately 40% of civil claims in provincial courts.

Of these, nearly 70% are resolved before trial, highlighting the importance of legal negotiation and documentation early in the process.

Why You Need Legal Representation

Civil litigation isn’t just about arguing in court, it’s about strategy, evidence, timing, and negotiation.

Without legal guidance, you risk losing a case you could have won or settling for far less than you deserve.

That’s where professional support from Surrey civil litigation lawyers can make all the difference.

An experienced civil litigator understands the nuances of contract law, knows how to navigate the court system, and can help you make informed decisions at every stage.

Whether you’re pursuing a case as a business owner, service provider, landlord, or individual, Surrey civil litigation lawyers can help you:

• Evaluate the strength of your case
• Understand your legal options
• File and serve your claim correctly
• Negotiate favorable settlements
• Present compelling arguments in court

Hiring a skilled lawyer can also help you avoid costly mistakes, like missing filing deadlines, overlooking key evidence, or failing to respond to legal motions appropriately.

Endnote

Breach of contract disputes can be time-consuming and emotionally draining, but they don’t have to derail your life or business.

With the right preparation and legal support, you can protect your rights, enforce agreements, and recover the damages you’re owed.