Strategic Advocacy for Cross Border Claims – Toronto Cross Border Litigation and International Arbitration Lawyers
Toronto Distribution Agreement Dispute Lawyers
Distributor and Dealership Litigation Lawyers in Ontario
Whether goods are manufactured in the U.S., Canada or elsewhere, they are usually sold through a network of distributors and retail dealerships. This business arrangement is meant to be mutually beneficial to the owner-manufacturer and the distributor-reseller. However distribution agreements do not always strike that balance between the parties to support an long term business relationship.
We can act in Ontario for Canadian and U.S. Manufacturers, Distributors, Dealerships, Re-sellers and Sales Agents in a wide variety of claims and disputes arising out of distribution agreements, dealership agreements, sales agency agreements and other agreements pertaining to the distribution of goods. Please also see our other webpages for franchise disputes and franchisee claims. Gilbertson Davis LLP has lawyers who have experience in cross-border and local commercial and contract litigation and international commercial arbitration. We offer results-oriented, focused advice and representation in the types of disputes and claims involving the issues arising between manufacturers, distributors, dealers, sales agents, re-sellers and installers.
Stakeholders in the Distribution Network
Lawyers within our team are experienced in business law and business litigation. We can act for:
Please see our other webpages for Franchise disputes and Franchisee claims.
Types of Agreements
Gilbertson Davis LLP has lawyers who are familiar with the variety of agreements used in the distribution and sale of goods, including:
- Distribution Agreements
- Dealership Agreements
- Agency Agreements
- Sales Agency Agreements
- Franchise Agreements
- Private Label Agreements
Distribution Issues, Disputes and Litigation
Some disputes arising under Distribution Agreements are common have been the subject of litigation. Commonly encountered distribution disputes include:
- Issues Concerning the Distribution Grant
- Misrepresentation and Cancellation or Rescission of Agreement
- Exclusivity, whether Shared or Exclusive Territory, and its Application
- Product Supply Issues, and Risk of Damage, Loss and Delay
- Meeting Minimum Sales Targets, and Marketing Obligations
- Duration, including Renewals and Termination
- Termination for Cause
- Manufacturer Pricing and Change of Pricing Issues, and Rebates
- Discontinuance of Product Line and Introduction of New Products
- Changes in Product Quality or Availability
- Warranty, Allocation of Liability, Return of Goods, Product Recall, Product Liability and Indemnity Issues
- Cross-Border and International Sales Issues
- Good Faith Obligations in Making and Performing Agreement
- Non-Competition and Non-Solicitation Issues
- Trademark Rights and Obligations
- Contractual Limitations of Liability
Lawyers within our team are experienced business and business litigation lawyers. If a distribution dispute cannot be resolved through negotiation or agreed amendments to the distribution agreement, then litigation or arbitration may be the only recourse. Some agreements may require mandatory mediation and / or arbitration, though usually trademark and other intellectual property rights disputes are exempted from arbitration and may be pursued in the courts.
Since most distribution agreements are between parties in different jurisdictions, or across borders, questions arise as to the proper law governing the contract or issues arising, and which court has jurisdiction over the dispute and the parties. Gilbertson Davis LLP can serve your needs with experienced cross-border litigators.
Injunctions and Other Urgent Remedies
Where actual or threatened conduct of a contracting party may cause irreparable harm to the other, then an injunction prohibiting acts or mandatory order for the continuance of performance may be available. These are extraordinary equitable remedies often available when damages alone will not address the loss or threatened loss.
Gilbertson Davis LLP has lawyers who are experienced in both obtaining and responding to injunctions and mandatory orders.
Why Gilbertson Davis
If you have any issues or disputes arising out of Distribution Agreements, Dealership Agreements or Sales Agency Agreements, please contact Gilbertson Davis LLP to arrange an initial consultation.
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