Breach of Contract Lawyers, BC
Enforcing agreements and recovering what you're owed.
A broken contract is more than a legal problem — it can disrupt your business, strain your finances, and leave obligations unmet. Romaya Law advises individuals and businesses across BC on enforcing agreements and recovering losses from parties who fail to perform.
Contracts are the foundation of commerce and personal dealing in British Columbia. When one party fails to meet its obligations — whether that means refusing to pay, delivering defective work, walking away from a deal, or breaching a key term — the other party has legal rights worth understanding. At Romaya Law, our Vancouver team advises on the full range of breach of contract claims and debt disputes, helping clients in BC and across Canada assess their options, quantify their losses, and pursue the most effective resolution available. The information on this page is general in nature and does not constitute legal advice.
What Constitutes a Breach of Contract in British Columbia
A breach occurs when a party to a binding agreement fails to perform a contractual obligation — whether by non-payment, late performance, defective work, or outright repudiation. Not every failure is a breach that supports a claim; the term must be binding, the failure must be material or fundamental, and the non-breaching party must have met its own obligations (or have a valid excuse for not doing so). Understanding what your contract actually requires — and what it does not — is the essential first step before pursuing any claim in BC.
Remedies Available for Breach of Contract in BC
BC courts can award a range of remedies for breach of contract. Damages — typically the most common remedy — aim to put the innocent party in the financial position they would have been in had the contract been performed. Where damages are inadequate, a court may order specific performance, compelling the breaching party to fulfill the agreement. In some circumstances, the non-breaching party may also be entitled to terminate the contract and claim losses flowing from that termination. The available remedy depends heavily on the nature of the breach, the contract's terms, and the losses actually suffered.
Debt Disputes and Unpaid Amounts in Vancouver and BC
Many breach of contract matters in BC are fundamentally debt disputes — one party owes money and refuses or fails to pay. Unpaid invoices, dishonoured loans, withheld deposits, and outstanding balances are recurring commercial and personal disputes. The appropriate forum for recovery depends on the amount owed: the Civil Resolution Tribunal handles smaller matters, the Provincial Court addresses claims up to $35,000, and the BC Supreme Court handles larger debt actions. Acting promptly matters — BC's two-year limitation period begins to run from the date the debt became due and was not paid.
Commercial Contract Disputes Between Businesses
Disputes between business parties often involve more complex contractual frameworks — supply agreements, service contracts, joint ventures, or commercial leases — where the stakes are higher and the legal issues overlap with broader commercial relationships. In a business context, litigation strategy must account for ongoing dealings, reputational considerations, and the cost-efficiency of resolution options. Our Vancouver commercial litigation team works with BC businesses to assess leverage, manage risk, and pursue outcomes that align with their broader commercial objectives.
Limitation Periods and Protecting Your Position
Time is critical in breach of contract matters. British Columbia's Limitation Act generally gives claimants two years from the date they discovered — or should have discovered — the breach to commence a legal action. Waiting too long can extinguish a valid claim entirely. Beyond the limitation period, delay can also affect your ability to gather evidence, locate witnesses, and demonstrate that you acted reasonably to mitigate your losses. If you suspect a contract has been breached, early legal advice is always the right move.
How we help with breach of contract
Written and Oral Contracts
Both written and verbal agreements can be enforceable in BC — though written contracts are far easier to prove and interpret in a dispute.
Mitigation of Loss
An innocent party has a duty to take reasonable steps to reduce their losses after a breach. Failing to mitigate can reduce the damages a court awards.
Anticipatory Breach
If a party clearly signals they will not perform before the performance date arrives, you may have the right to treat the contract as breached immediately.
Liquidated Damages Clauses
Some contracts include pre-agreed damages provisions. BC courts will enforce these where they represent a genuine pre-estimate of loss — not a penalty.
Specific Performance in Property Deals
Where a contract involves unique property or assets, damages may be inadequate — courts can order the breaching party to complete the transaction.
Frequently asked questions
Explore related practice areas
Speak with us about breach of contract
Your first consultation is free. We're open 24/7 across Vancouver and BC.