Start with the actual agreement
A contract can be written, oral or formed through a combination of documents and conduct. In a dispute, collect the signed agreement, quotations, purchase orders, amendments, emails, text messages, invoices and any terms incorporated by reference. Do not rely on a summary of what the deal was supposed to mean. The wording, surrounding communications and later changes may all matter.
For a business contract, identify each obligation separately: payment, delivery, quality, timing, confidentiality, exclusivity, notice, termination, dispute resolution and any limitation-of-liability clause. A useful chronology should show when each obligation became due, what happened next and how the other side responded.
Not every problem is the same kind of breach
Some breaches are minor and can be corrected while the contract continues. Others may be serious enough to justify ending the agreement or claiming substantial damages. Whether termination is available can depend on the contract and the nature of the breach. Ending a contract without a proper basis can itself create liability, so a termination decision deserves careful review.
Common contract disputes
- Unpaid invoices or disputed fees.
- Services that allegedly did not meet the agreed scope or standard.
- Late delivery, missed milestones or incomplete work.
- Disputes over deposits, cancellation rights or refunds.
- Non-compete, confidentiality or intellectual-property obligations.
- Commercial leases, purchase agreements and shareholder arrangements.
Damages are about proven loss, not punishment
In many contract claims, the central remedy is compensation intended to place the innocent party in the financial position it would have occupied if the contract had been performed, subject to the applicable legal rules. That usually requires evidence of loss. Preserve invoices, bank records, replacement-contract costs, sales records and other material that supports the amount claimed.
A claimant also has a duty to take reasonable steps to reduce avoidable loss. Waiting while losses grow can weaken a damages claim. The right response depends on the situation, but documenting efforts to find replacement work, goods, tenants or suppliers can become important evidence.
Limitation periods can decide the case before the merits are heard
B.C.'s Limitation Act establishes a basic two-year limitation period for many claims, generally running from discovery of the claim, with exceptions and special rules. Do not assume negotiations, demands or promises to pay automatically preserve a lawsuit. If a deadline may be approaching, obtain legal advice promptly.
Choose the right forum and strategy
The amount claimed and the subject matter can affect whether a dispute belongs in the Civil Resolution Tribunal, Provincial Court Small Claims or B.C. Supreme Court. Our B.C. court and tribunal guide explains the basic jurisdictional ranges and why exceptions matter.
Litigation is not the only option. A focused demand letter, structured negotiation, mediation or contractual arbitration may resolve the dispute faster. Before escalating, identify the practical goal: payment, completion, termination, return of property, preservation of a business relationship or a court order.
What to organize before legal advice
- The complete contract and every amendment.
- A date-by-date chronology of performance and alleged breaches.
- Invoices, payments, quotations and accounting records.
- Emails, texts and formal notices.
- Evidence of losses and steps taken to reduce them.
- Any dispute-resolution, notice or termination clauses.
Related Burnaby legal guides
For broader court strategy, see civil disputes in Burnaby. If the dispute is primarily about an unpaid account, use our debt collection guide. Business-owner conflicts may be better addressed through the shareholder disputes guide.
No. Legal merit, amount at stake, evidence, collectability, litigation cost and business relationships all matter. In many disputes, a negotiated cure, payment plan or settlement can produce a better commercial result than a full trial.
Is every breach worth suing over?
Do not assume it does. B.C. limitation periods are governed by statute and can turn on discovery, acknowledgments and other specific rules. A demand may advance negotiations, but it should not be treated as a substitute for confirming the filing deadline.
Does a demand letter stop the limitation clock?
Some oral agreements can be enforceable, but proof can be harder and certain transactions may require writing. Emails, texts, invoices, conduct and witness evidence can become important. The first step is to identify what terms can actually be proved and whether any statutory writing requirement applies.