Commercial Disputes
Counsel at Dubas & Company has been involved in assisting our clients in resolving a number of commercial disputes both in the Provincial Court and in the Supreme Court and outside of the court process. Our experience includes negotiating successful conclusions to commercial partnership disputes, cases involving insurance litigation, commercial landlord-tenant disputes, and disputes involving employment law and debt collection. In this respect, we can assist you in attending to the mediation or arbitration before and during the court process and as part of the resolution of these disputes.
We have also assisted several clients in resolving cases that are already within the court process which, prior to our involvement, our clients were unable to resolve.
Ensuring that our clients have a full understanding of their dispute and the law and the resources that can be marshaled in their favor both before and during litigation is what we see as an essential part of providing our commercial clients with a successful resolution to their legal dispute.
Debt Collection & Judgment Execution
One of the worst outcomes for any client who has been successful in obtaining a judgment within the court process is to not be able to realize upon that judgment.
In both the non-commercial and commercial context of our practice the counsel and staff at Dubas and Company have been successful in assisting our clients not only in obtaining judgment but collecting on judgments and ensuring that they are enforced.
We have experience in dealing with all forms of execution and asset recovery. From this foundation we have also serviced many clients with collection of various debts including the collection of family support and asset matters as well as general collection of commercial trade debts, mortgage foreclosure and collection on other financial and debt instruments.
We are prepared to provide debt collection services to existing and new clients on a contingency (percentage of collected debt basis) or on a fee for service bias as are appropriate.
Real Estate Litigation
The Province of British Columbia has experienced in recent years a very robust economy, especially in the area of real estate transactions. This has caused a number of inexperienced purchasers, developers and real estate agents to enter the market place.
This has resulted in increased litigation and a number of people who have unfortunately been taken advantage of at all stages of a real estate transaction. We have experience assisting vendors, purchasers and realtors in obtaining a successful resolution to problems they have faced in the marketplace.
Our firm also has experience assisting realtors in recovering their commissions in commercial transactions where vendors or purchasers do not want to pay a commission which has been earned and is owed.
We also have significant experience in assisting vendors and purchasers of property to avoid the payment of commission where this is not appropriate and further to obtain damages from a real estate agent that has not properly provided them with advice during a real estate transaction.
It must be remembered that real estate agents owe a duty of good faith and fidelity not only to the party that employs them but also to the other party that is receiving information from them.
It is quite common for real estate agents to act jointly for two parties in one transaction. In this respect when the agent fails to properly discharge their responsibility to the parties involved in a real estate transaction they have often been found to be negligent and be responsible to the party harmed for any economic damage caused by the agents conduct.
As well too often real estate developers do not properly disclose negative information about new properties or condo developments and attempt to use real estate agents as a barrier to attaching liability to their misconduct.
If a developer or their agents have been guilty of, material non disclosure, or have failed to disclose relevant information about a property or development a purchaser often has both a legal and statutory ability to set aside the transaction and get their money back from the developer.
We can assist you in addressing these sorts of disputes and obtaining redress for damages that you have suffered unfairly at the hands of others during this important and complicated process