What Civil Law Defenses Are Commonly Raised in Commercial Litigation?

Let us be honest for a second. Business lawsuits almost never begin with a dramatic confrontation. They usually start small... a late payment, a misunderstood email, a contract nobody reread after signing. Then tension builds, calls stop getting returned, and suddenly civil lawyers in Montreal are involved.

That is when businesses start asking the real question.

Not “who is angry?”

But “how do we defend ourselves?”

Let us walk through the defenses we see most often... the same way we would explain them to a client across a table, not inside a textbook.

“We Did Not Break the Contract”

This is usually the first reaction, and sometimes it is absolutely correct.

Contracts sound precise, but in practice they are full of grey areas. One company believes delivery meant “arrival at warehouse.” The other thinks it meant “ready for resale.” Both read the same clause and both feel right.

Even legal groups in Canada have repeatedly noted that unclear wording is one of the biggest causes of commercial disputes. A single vague sentence can create months... sometimes years... of conflict.

So the defense becomes simple: show the obligations were actually respected, or that the agreement allowed flexibility the other side ignored.

Many cases are not about refusing to perform. They are about interpreting what performance meant.

When the Contract Itself Is the Problem

Here is something businesses do not expect to hear... sometimes the contract is the issue.

Maybe someone signed under pressure. Maybe important terms were missing. Maybe the deal broke basic legal requirements from the start.

In Quebec civil law, agreements must meet specific conditions to be enforceable. If real consent was not present or obligations were unclear, a party can argue the contract should not bind them at all.

It sounds drastic, but courts do accept this argument in the right situations.

Not often. But often enough that it matters.

Prescription... The Clock Matters More Than the Facts

Some disputes never reach the merits because time runs out.

In Quebec, most commercial claims must be filed within three years. After that, the defense of prescription can end the case before anyone debates who was right.

And yes... it happens a lot.

Government justice data has shown a noticeable portion of civil cases get dismissed each year simply because they were filed too late. Not weak cases. Late cases.

It is frustrating for plaintiffs. Extremely effective for defendants.

“You Played a Role in This Too”

This one gets uncomfortable quickly.

A business may argue the other party contributed to the damage. Maybe they ignored warnings. Maybe instructions changed repeatedly. Maybe they approved decisions and later complained about them.

Quebec law recognizes shared responsibility. So even if liability exists, compensation can shrink significantly.

We see this constantly in partnership disputes and supply agreements. Problems rarely come from one single action. They grow from a chain of small decisions.

Courts look at that chain carefully.

Lack of Proof... Quiet but Powerful

Outside court, a convincing story feels strong. Inside court, documents matter more.

Missing invoices. Vague emails. Contradictory timelines.

Suddenly the case weakens.

Statistics Canada has reported that civil claims supported by weak documentation are far more likely to fail or settle for lower amounts. Judges rely on records, not memory.

So sometimes the best defense is not arguing facts... it is showing the other side cannot prove theirs.

Not dramatic. Very effective.

Force Majeure and Unexpected Events

The pandemic made this defense famous.

When events become unpredictable and unavoidable, businesses may not be responsible for failing to perform obligations. Government shutdowns, natural disasters, supply bans... situations outside anyone’s control.

Courts apply this carefully. It is not an automatic escape. The event must truly prevent performance, not just make it harder or more expensive.

But when it applies, it can completely change the outcome of a dispute.

Why Local Experience Matters

Commercial litigation is not only about legal rules. It is about how they are applied.

Procedures, expectations, timing... even small technical mistakes can shape the entire case. Lawyers in Montreal familiar with local courts understand how judges interpret these defenses in practice, not just theory.

That knowledge often influences strategy more than people expect.

Final Thoughts

Business disputes feel personal, but courtroom outcomes usually come down to preparation.

Clear records. Early advice. Understanding available defenses.

We see it all the time... companies that react early often resolve conflicts faster, sometimes before trial even becomes necessary.

And honestly, that is usually the real win.