Area of Expertise
Breach of Contract Claims
Overview
In a breach of contract claim, a plaintiff alleges that the terms of a written or oral contractual agreement have been breached by a defendant. A plaintiff may seek to recover financial losses as a result of such alleged breach in order to place the plaintiff in the same position that they would have been in had the contract been fulfilled.
Just as contractual arrangements abound in all sorts of business contexts - employment agreements, contracts to provide goods or services, construction contracts, and purchase and sale agreements to name just a few – so too do allegations of breaches of such contracts.
CHS has been involved in countless breach of contract cases across many industries, contexts and jurisdictions. Based on our experience, what is critical in such breach of contract cases is a comprehensive understanding of the terms of the contract – what was agreed upon – as well as what the potential exit clauses may have been. When modeling the “but for” scenario – what would have happened had the contract been fulfilled – one may have to take into account economic trends, critical inputs such as pricing of sales and supplies, adjustments for external factors/changes and adjustments for risk. The determination of such inputs and the time period of loss could have a significant impact on the quantum of loss. We pride ourselves on our ability to dig into such details and prepare logical and commercially reasonable breach of contract reports. Our principals have credibly testified in numerous breach of contract claims.
Related Expertise
Cases
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Cana International Distributing Inc. v. Standard Innovation Corporation
2018 ONCA 145Quantification of damages pursuant to alleged breach of various agreements involving the distribution of products in the adult sexual health and wellness industry.Learn More -
Alleged Breach of Gold and Silver Supply Agreement
Breach of contract matter in a private arbitration involving the quantification of damages incurred by the plaintiff due to the alleged breach of a gold and silver supply agreement.Learn More -
Contract Termination in Aerospace Industry
CHS was retained by Counsel for a Canadian aerospace company in arbitration proceedings relating to the termination of a contract due to a Force Majeure event.Learn More -
Domestic Arbitration Involving Long-Term Supply Contracts
Detailed review of the Claimant’s disclosures made in support of the re-opening sought of a long-term supply agreement impacted by a steep increase in raw material input costs.Learn More -
Loss Quantification and Business Valuation Involving Pro Sports Teams
Damages quantification and business valuation assignments involving professional sports teams.Learn More -
Quantification of Damages Due to Repudiation of Garment Manufacturing Contract
Matter involving the quantification of damages arising from the repudiation of a garment manufacturing contract.Learn More -
Apotex Inc. v. Nordion (Canada) Inc. (formerly MDS) et al
2017 ONSC 1323; 2019 ONCA 23Major damages assessment involving the Defendant’s breach of contract in failing to provide proper bioequivalence studies which caused delays in the Plaintiff’s entry into the U.S. market for certain ...Learn More -
The Empire Life Insurance Company ats/v. Thibault et al
2012 ONSC 5387Major investigative matter involving the tracing of inflated life insurance policy values and improper policy withdrawals.Learn More