In Ontario, suing for breach of a business contract, like a
share or asset purchase agreement, imposes a number of
challenges.
Apart from liability, the question of commercial damages often
requires Courts to weigh expert evidence and sometimes divine the
plaintiff's loss.
Plaintiffs who bring actions for breach of contract, or what are
known as the "economic torts", must ensure that their
actions are pleaded properly and there is adequate evidence to
support their case.
Defendants often benefit from the plaintiff's failure to
understand the limited scope of their causes of action and how to
advance them effectively.
Below is a list of some of the more common mistakes made in
advancing cases for economic harm arising out of a commercial
contract.
