CIVIL AND COMMERCIAL LITIGATION
A PRAGMATIC STANCE
At Wellestein Mora Rodriguez International (WMR), we understand that the image of the lawyer as a hired gun who represents his clients before the court at great cost is not realistic. In fact, our system of justice recommends mediation rather than litigation in court in order to settle differences between parties.
Negotiate rather than plead. That is the approach that is preferred at WMR.
Since its foundation, the position of our firm is to seek a pragmatic settlement of disputes. Our lawyers seek constantly to find a negotiated and satisfactory outcome for the parties. As advisors to our clients, we also seek, whenever possible, to prevent disputes.
However, in the event of the failure of negotiations, our lawyers are ready to represent our clients before the courts.
WMR will accompany both our individual and our corporate clients at every stage of litigation, whether locally or internationally. Our lawyers can help you in the following areas of the law:
- Commercial litigation
- Corporate litigation
- Contractual disputes
- Civil responsibility
- Actions on account
- Alternative dispute resolution
- Mediation and arbitration
- Real Estate litigation
- Construction law
- Commercial leases
- The law of co-ownership
- Hypothecary actions
- Professional liability
Our lawyers represent their clients before the courts and before administrative tribunals, including the Court of Quebec, the Superior Court, the Federal Court, and also the Rental Board, the Administrative Tribunal of Québec, the Administrative Tribunal of employment, and the Human Rights Tribunal.
In international matters, our clients will coordinate litigation in the United States, in Latin America and in Europe, in which cases they can be useful due to their linguistic abilities and their cultural sensitivities.
By way of summary, WMR can act as a connecting link between local issues and global concerns of our clients in a world where borders tend to disappear, and where solutions may be found on more than one continent.
Our lawyers have acted in a variety of cases, many of which include cross-border aspects. Thus, for example, they have been able to counsel and represent the interests of their clients in conflictual situations relating to the following issues:
- Conflicts between shareholders
- Recovery of damages and monetary compensation
- Recovery of debts
- Breach of contractual and other obligations
- Shareholder and director liability
- Protection of business names
- The resolution or the resiliation of a contract
- Conflicts between neighbours
- Disputes involving co-proprietors and/or condominium syndicates
- Division of property held in common
- The interpretation and application of declarations of co-ownership
- Hidden defects
- Construction defects
- Conflicts with construction contractors and sub-contractors
- The annulation of a promise to purchase real estate
- Problems with a real estate or a mortgage broker
- Termination of employment
- Unpaid salaries
- Psychological harassment at work
- Consumer protection
- Recovery of rents
- Eviction of tenants
- Resiliation of leases
- Recourse to the Rental Board
- Forced execution of judgements
WMR will also intervene in order to enforce Canadian judgements in other countries, or so that judicial decisions from another country be recognized and enforced in Canada.
The expertise of the lawyers at WMR in cross-border litigation extends to many African and European francophone countries, due to its network of qualified correspondents in those countries.