Lexpert
Lexpert
  • HOME
  • RANKINGS
  • NEWS
    • Lexpert special editions
    • Legal insights
    • Big Deals
    • Digital Editions
    • Lexpert TV
    • Features
    • Premium content
  • AWARDS
    • Lexpert Rising Stars
    • Canadian Law Awards
  • METHODOLOGY
    • Lexpert/ALM 500 Directory
    • Canadian Lexpert Directory
    • Who's Who
    • Practice Areas
  • TEAM
  • FAQ
  • Lawyers
  • Firms
  • Rankings
  • Largest
  • Who's Who
Digital Shellcharts
Canadian Legal Talent
Methodology
Category Definitions
What is Corporate Commercial Law?

Best Corporate commercial lawyers in Canada as ranked by Lexpert 

The practice area of corporate commercial lawyers is difficult to define since it (a) means different things to different people and (b) necessarily incorporates practice areas which, in some firms, are distinct areas of specialization, e.g., corporate finance, insolvency. With this being the case, the corporate commercial lawyers below can be thought of as specialists in a wide variety of areas of the law around corporations, finances, and insolvency. 

 

Please note the Lexpert Directory has separate sections for:  

  • Corporate finance and securities lawyers

  • Corporate tax lawyers  

  • Financial institutions and banking lawyers 

  • Financial restructuring and insolvency lawyers 

  • Asset equipment financing and leasing lawyers 

  • Mergers and acquisitions lawyers 

 

What is corporate commercial law? 

Corporate law deals with laws and regulations governing corporations, its officers and workers, and its relationship with the public, starting from the creation of a corporation, until its liquidation or dissolution. Commercial law deals with the legal services for the income-generating activities of businesses. In general, corporate law and commercial law are broad practice areas, and one sub-area out of these two is corporate commercial law.  

 

Corporate Commercial Law 

Corporate commercial law, which may also be referred to as business law, includes all activities related to the financial success of a corporation. It governs all stages of a corporate “life” – from starting a small business, a venture or as SMEs, until its eventual growth through business and operational expansions. It would also include day-to-day operations and the legal issues that arise from them. 

 

Canadian Corporate Commercial Law 

As with corporate law, the corporate commercial law in Canada is similarly governed by the Canada Business Corporations Act. The Act governs federal for-profit corporations which are formed under the Act. Under Section 3, “corporations” under the Act excludes banks, credit associations, insurance companies, trust and loan companies, and educational institutions. Other significant provisions are: 

  • Part II: details of incorporation 

  • Part III: specifies the capacities and powers of a corporation 

  • Part X: directors and officers, their qualifications and responsibilities 

  • Part XII: conduct of shareholders’ meetings and elections 

  • Part XVIII: process of a corporation’s liquidation and dissolution  

 

What does a corporate commercial lawyer do? 

Incorporation 

When an entity is to be incorporated, the work of corporate commercial lawyers starts. They ensure valid compliance with government regulations on incorporations, which may also include laws on securities and taxation. They also ensure compliance with the Canada Business Corporations Act whenever these provisions are applicable, in addition to any provincial or territorial business corporations law. 

 

Corporate Structure 

During the incorporation stages, and even until the corporation fully operates, corporate organisational structuring is essential and may be one of the responsibilities of a corporate commercial lawyer. It might also include the delineation of the roles and responsibilities of each employee, and defining the relationship between the corporation and the employees. 

 

Contracts 

Most of the time, the centerpiece of the work of corporate commercial lawyers are contracts. These contracts may be contracts on sales and distributions with other corporations, contracts on capital investments or venture capitals, contracts between the corporation and its employees, and any other contract that the corporation deems necessary for its growth and expansion. Contracts must also meet with federal, provincial and territorial laws in order for it to become valid. 

 

Partnerships 

When a corporation enters into a partnership contract or agreement, corporate commercial lawyers ensure that the contract has the corporation’s best financial interests and that it each “partner’s” rights and obligations are clearly defined. Notably, Partnership Acts are passed in various provinces and territories that needs to be complied with when entering partnerships. 

 

Mergers and Acquisitions (M&A) 

When acquiring other businesses through a merger or an acquisition, different laws may apply, such as federal, provincial or territorial laws on M&A, taxation, property law, banking law, investment law, and even international law when there’s a foreign element in the transaction (e.g., acquiring company is a foreign company). 

 

Franchise 

When a corporation acts either as a franchisee or a franchisor, lawyers make sure that a franchise contract follows the governmental regulations, such as the execution of the disclosure document, and application and payment of various tax impositions. 

 

Corporate Financing 

Managing the corporation’s current cash flow for its daily operations may also be a job for corporate commercial lawyers. This would also include acquiring capital from investors, banks, or other third parties, where contracts law are heavily applied. For these transactions, banking laws, securities laws, and investment laws must be considered that specialised lawyers may guide corporations with. 

 

Service Agreements 

Other contracts may fall under service agreements. Although, there is no single federal agency governing service agreements, its regulations are covered by common law and contracts law. 

 

Litigations, Mediations, and Arbitrations 

Corollary to contracts are the negotiations ensuing before its perfection, whose duty would still be under the corporate commercial lawyers. When contracts fail, or there’s a breach by any party, lawyers will try to ease up tension and prematurely remedy the dispute through alternative dispute resolutions, such as mediation, or through arbitration, in the objective of preventing a full-blown trial.  

 

But when court actions are filed (or must be filed), corporate commercial lawyers represent clients before tribunals or courts in the interest of either rescinding the contract, demand for damages and losses, or enforce specific performance from the violator. 

 

Liquidation, Bankruptcy, or Insolvency 

When a corporation declares itself bankrupt, or has become insolvent, a corporate commercial lawyer is there to guide the overarching layers of bankruptcy laws and insolvency laws, such as the Bankruptcy and Insolvency Act. On the other hand, when the company decides to liquidate itself, provisions on liquidation in the Canada Business Corporations Act must be complied with. 

 

Other areas of law 

As previously mentioned, corporate commercial law is also not exclusive from other areas or branches of law, such as taxation laws, securities law, property laws, or laws on succession, and even public and private international law when the corporation transacts business internationally, or exports or imports products to or from Canada. As such, corporate commercial lawyers are flexible enough in their practice, covering various stages of a corporate’s life, with the added layer of other areas of law. 

 

What's the difference between corporate and commercial law? 

Corporate law is a much more restricted branch of law, in a sense that it is only concerned from the birth until the death of the company; whereas commercial law has a wider scope in relation to a corporation, such as all transactions for its financial growth. 

 

In need of a corporate commercial lawyer to help in your business financial endeavours? Scroll down to see a list of the best corporate commercial lawyers in Canada who have earned their Lexpert Ranked status. 

David A. Allard
David A. Allard
Year called to bar: 1987
Vancouver, British Columbia
Lawson Lundell LLP
Michael S. Allen
Michael S. Allen
Year called to bar: 1976
Vancouver, British Columbia
FARRIS
Jennifer A. Archer
Jennifer A. Archer
Year called to bar: 2005
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Cameron G. Belsher
Cameron G. Belsher
Year called to bar: 1988
Vancouver, British Columbia
McCarthy Tétrault LLP
Ally Bharmal
Ally Bharmal
Year called to bar: 2009
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Donald G. Bird
Donald G. Bird
Year called to bar: 1988
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Sarah J. F. Bird
Sarah J. F. Bird
Year called to bar: 2005
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
John-Paul Bogden
John-Paul Bogden
Year called to bar: 1999
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Douglas B. Buchanan
Douglas B. Buchanan
Year called to bar: 1985
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Brian R. Canfield
Brian R. Canfield
Year called to bar: 1991
Vancouver, British Columbia
FARRIS
Gordon R. Chambers
Gordon R. Chambers
Year called to bar: 1987
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
John T.C. Christian
John T.C. Christian
Year called to bar: 1992
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
Jon Conlin
Jon Conlin
Year called to bar: 2012
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Nathan Daniels
Nathan Daniels
Year called to bar: 1995
Vancouver, British Columbia
Mogan Daniels Slager LLP
Debra J. Finlay
Debra J. Finlay
Year called to bar: 1994
Vancouver, British Columbia
McCarthy Tétrault LLP
Bradley J. Freedman
Bradley J. Freedman
Year called to bar: 1987
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Joseph A. Garcia
Joseph A. Garcia
Year called to bar: 1997
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Christian P. Gauthier
Christian P. Gauthier
Year called to bar: 2002
Vancouver, British Columbia
Bennett Jones LLP
Mitchell H. Gropper
Mitchell H. Gropper
Year called to bar: 1966
Vancouver, British Columbia
FARRIS
Janet P. Grove
Janet P. Grove
Year called to bar: 1993
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Andrew Hennigar
Andrew Hennigar
Year called to bar: 2012
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Albert J. Hudec
Albert J. Hudec
Year called to bar: 1981
Vancouver, British Columbia
FARRIS
Kathleen P. Keilty
Kathleen P. Keilty
Year called to bar: 2001
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Ted I. Koffman
Ted I. Koffman
Year called to bar: 1987
Vancouver, British Columbia
McCarthy Tétrault LLP
Troy J. A. Lehman
Troy J. A. Lehman
Year called to bar: 2006
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Eric Lung
Eric Lung
Year called to bar: 2013
Vancouver, British Columbia
Dentons Canada LLP
R. Hector MacKay-Dunn
R. Hector MacKay-Dunn
Year called to bar: 1978
Vancouver, British Columbia
FARRIS
Robin Mahood
Robin Mahood
Year called to bar: 2006
Vancouver, British Columbia
McCarthy Tétrault LLP
Valerie C. Mann
Valerie C. Mann
Year called to bar: 1992
Vancouver, British Columbia
Lawson Lundell LLP
Iain Mant
Iain Mant
Year called to bar: 1990
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Graeme D. Martindale
Graeme D. Martindale
Year called to bar: 2003
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Jonathan McCullough
Jonathan McCullough
Year called to bar: 1986
Vancouver, British Columbia
Bennett Jones LLP
Maria K. McKenzie
Maria K. McKenzie
Year called to bar: 1992
Vancouver, British Columbia
FARRIS
Steven R. McKoen
Steven R. McKoen
Year called to bar: 1998
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Sven O. Milelli
Sven O. Milelli
Year called to bar: 2005
Vancouver, British Columbia
McCarthy Tétrault LLP
Sean A. Muggah
Sean A. Muggah
Year called to bar: 1998
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Denise Nawata
Denise Nawata
Year called to bar: 2006
Vancouver, British Columbia
FARRIS
Bradley A. Newby
Bradley A. Newby
Year called to bar: 1995
Vancouver, British Columbia
Osler, Hoskin & Harcourt LLP
Gary Ott
Gary Ott
Year called to bar: 1987
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Fred R. Pletcher
Fred R. Pletcher
Year called to bar: 1993
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Robert (Bo) Rothstein
Robert (Bo) Rothstein
Year called to bar: 2005
Vancouver, British Columbia
FARRIS
Emily Savage
Emily Savage
Year called to bar: 2017
Vancouver, British Columbia
Miller Titerle + Company
Trevor R. Scott
Trevor R. Scott
Year called to bar: 1998
Vancouver, British Columbia
Osler, Hoskin & Harcourt LLP
Gary R. Sollis
Gary R. Sollis
Year called to bar: 1978
Vancouver, British Columbia
Dentons Canada LLP
Daniel E. Steiner
Daniel E. Steiner
Year called to bar: 1998
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Jason T. Sutherland
Jason T. Sutherland
Year called to bar: 2003
Vancouver, British Columbia
DuMoulin Black LLP
Susan Tomaine
Susan Tomaine
Year called to bar: 2008
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Michael G. Urbani
Michael G. Urbani
Year called to bar: 1997
Vancouver, British Columbia
Stikeman Elliott LLP
Bob J. Wooder
Bob J. Wooder
Year called to bar: 1995
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Justin D. Young
Justin D. Young
Year called to bar: 2003
Vancouver, British Columbia
Osler, Hoskin & Harcourt LLP
  • PRIVACY
  • TERMS OF USE
  • TERMS & CONDITIONS
  • ABOUT US
  • ADVERTISE WITH US
  • CONTACT US
  • SITEMAP
  • SUBSCRIBE
  • NEWSLETTER
  • DIGITAL EDITION
  • AUTHORS
  • EXTERNAL CONTRIBUTORS
  • BEST LAWYERS
Copyright © 2023 KM Business Information Canada Ltd.