Legal Question in Credit and Debt Law in Canada

Changing to an Incorporated Company to Avoid Lawsuit

I was an independent consultant at a firm and then left to start my own company. The owner has since incorporated and is using this as an excuse to not pay me monies owed. I had submitted invoices for my services previous to this change. What are the legal specifics on this?


Asked on 1/07/09, 12:48 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Changing to an Incorporated Company to Avoid Lawsuit

In British Columbia you can sue the employer; the fact that he incorporated is not relevant to the fact that he owes you personally. The claim is in the Supreme Court of British Columbia if the amount is in excess of $25,000.00 and in either that Court or the Provincial Court if less than $25,000.00. There are often very good reasons for suing in the Supreme Court evenif the amount is less than $25,000, and a lawyer can explain them to you. As noted on the LawGuru website, questions and answers directed to us are specific to British Columbia, and the law varies from Province to Province.

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Answered on 1/07/09, 7:28 pm


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