Mr. Barari has broad litigation experience in cases pertaining to breach of contract, copyright infringement, joint venture and partnership disputes. His experience in commercial and corporate law has proven to be an advantage in successfully pursuing business litigation.
He is prepared to engage in all aspects of the litigation process including drafting pleadings, conducting discovery, mediation, interlocutory procedures, and representing you at trial.
Mr. Barari is currently the Treasurer and Board Member of the Iranian Canadian Legal Professionals.
Our objective is to protect our clients’ business interests before and during a Business Dispute. We specialize in all aspects of the litigation process by pursuing your legal claim and obtaining monetary compensation for damages. We also defend clients from other parties’ legal claims.
“Business Litigation” includes
A) Breach of Contract ranging from Retail to Industrial Businesses causing more than $50,000 loss:
- Monetary loss or damages caused from the sale of goods (late delivery or delivery of defective product)
- Monetary loss or damages from sale of land for purchaser or vendor
- Monetary loss for breach of partnership agreement
- Monetary loss or damages caused from improper construction of residential or commercial buildings
- Monetary loss or damage from unpaid debts of more than $50,000.
B) Corporation Disputes:
- If you are a: shareholder of a corporation, or a director of a corporation, or
- a creditor where the corporation owes a debt obligation such as unpaid invoices, or
- a partner in a corporation * AND
- the corporation or its directors or other shareholders of the corporation have acted in a manner that is Oppressive to your business interests, such that there was damage or loss of income onto you, there are options at your disposal to remedy the damages and obtain Monetary Compensation.
What we do:
- Settlement Offer. We resolve business disputes through negotiation with other parties’ legal representative. This saves legal costs and time for all parties involved. This process includes making a legal determination of where a client’s case stands and then pursuing a settlement. Genuine attempts to settle litigation matters are viewed positively in the eyes of the court and will bode well for the winning party if it is shown that he/she tried to resolve the matter early on with a fair settlement offer.
- Litigate. We prepare court documents, obtain evidence, conduct oral examinations of all witnesses and experts, and conduct trial in the presence of a Judge.
- Injunctions. This is a great tool that may be obtained before and during the litigation process to ensure there is limited damage or monetary loss to your business interests or company. An injunction is essentially a court order that prohibits a party named in the litigation process from performing a specific act or directs named parties to perform a specific act. Remember that the litigation process may take years to resolve and it may be that without an injunction your business interests are adversely affected.
An Injunction may be used for different purposes:to prevent the defendant from continuing to compete with your company in contravention of a previously signed agreement, or,
- prevent the defendant from the sale of certain goods that may not necessarily belong to them
- require the defendant to perform a certain act until the end of trial, such as continuation of sale of goods to your company. Just think of the potential damage caused to your business if an intermediary supplier of goods refuses to sell you its goods in contravention of the agreement between your companies simply because of a litigation dispute between your companies.
- ‘freeze’ of a defendant’s assets to prevent the defendant from escaping from potential judgement by disposing of, hiding or, removing its assets to a different country.
- A civil search warrant used to seize and preserve evidence, documents, information, or other physical and proprietary items from the Defendant that is important to the Plaintiff’s claim. This weapon of surprise is sought before trial takes place and where there is a strong likelihood that the Defendant would destroy this evidence once notified of the proceedings.
Other Areas of Specialty:
Due to our experience in business dispute we are aware of the legal obligations of businesses and pitfalls in contractual agreements. Our clients accordingly tend to ask us to draft agreements to minimize their business risk. We can draft the following for your company:
- Contracts between shareholders (shareholder agreement)
- Agreements between businesses (commercial agreements) ranging from retail to industrial businesses
- Employment contracts
- For select clients we Register and Incorporate companies on their behalf.