At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Kenneth W. Movat

Partner

PROFILE

As a partner in Fogler, Rubinoff's construction law group, Ken practises solely in the area of construction law with an emphasis on claims and dispute management.

Certified as a Specialist in Construction Law by the Law Society of Upper Canada since 2002, Ken has provided legal counsel to owners, architects, engineers, contractors, subcontractors, material suppliers and surety bonding companies for over 25 years.

Working together with other members of the firm, Ken provides clients with services that include: assistance with bidding, tendering and the RFP/RFQ process, contract review and negotiation, construction liens, claims for negligence, extended duration, delay and claims management including early detection and timely resolution of disputes through mediation, arbitration and litigation.

Ken regularly chairs and participates in Law Society of Upper Canada Continuing Legal Education programs and speaks to industry groups including the Canadian Institute, EPIC, Infones and numerous Ontario Bar Association (OBA) programs on construction. he is past chair of the OBA's Construction Law section and is a sessional lecturer for the University of Toronto's Engineering Master's Program on construction law and contract administration.

Publications

JULY 16 2018

Ken Movat discusses the sweeping changes to Ontario's construction laws with Law Times.

The sweeping changes to Ontario construction laws are likely to touch almost all corners of the industry, including landlords, contractors and condo owners. According to Ken, what may cause concern is determining which contracts are subject to new rules and which are subject to old rules - "People may very well be caught in believing old rules applying to them, when the new rule’s already in place. I think the wise word to anybody in the most general way is whatever the more strict timeline would be, go with that if you can.”

Read the full Law Times article here: "Lawyers need to be aware of overhaul of construction laws"

 

JULY 03 2018

Upcoming Changes to the Construction Lien Act

The construction industry should be alive to the imminent changes to the laws that affect them...

Download Publication Attachment

JUNE 26 2018

New Developments in Real Estate Law

Join Joel Farber, Alex Kolandjian, Kenneth Movat and David Thiel for a discussion on recent developments in real estate law and how they may affect your business. Topics to be covered include:

  • An update on the OMB and planning reform changes. Bill 139 fundamentally changes the planning appeal system in Ontario. Learn about the new rules, requirements and restrictions that will affect your planning applications and the approvals process.
  • An analysis of Ontario’s new standard form of residential lease. Learn about who has to use the new form, when it has to be used and some of the key concepts contained within.
  • Ontario’s Construction Lien Act is on the verge of being replaced with the new Construction Act. Hear about the significant changes to lien procedures, prompt payment legislation and adjudication. The first round of changes will take effect July 1, 2018 and the second round will come into effect 15 months later on October 1, 2019. Don’t be caught off guard.
  • The Condominium Act, 1998 and its regulations continue to go through a number of changes. Learn about the most significant changes to date, how condominiums and property managers are dealing with the practical effects, and what changes are anticipated going forward.

 

 

Download Publication Attachment

APRIL 13 2018

Congratulations to our Lawyers Recognized in the 2018 Canadian Legal Lexpert Directory

We are is pleased to announce that several of our lawyers have been named as leaders in their field in The 2018 Canadian Legal Lexpert Directory, and the firm itself has been ranked in Property Leasing and Property Development as a consistently recommended firm.

Fogler, Rubinoff lawyers named in the directory include:

Jack D. Coop – Environmental, Repeatedly Recommended

Steven A. Cygelfarb –  Property Leasing, Consistently Recommended

Michael B. Fraleigh –  Medical Negligence, Repeatedly Recommended

Bill Hearn – Advertising & Marketing Law, Consistently Recommended

Martin L. Middlestadt – Property Leasing, Repeatedly Recommended

Kenneth W. Movat –  Construction Law, Repeatedly Recommended

Matthew Norris – M&A, Lawyers to Watch

Colleen Spring Zimmerman –  Intellectual Property, Repeatedly Recommended

Michael S. Wolfish –  Property Leasing, Consistently Recommended

About the Lexpert Rankings

The Canadian Legal Lexpert Directory is an annual ranking of Canadian lawyers in over 60 practice areas, based on peer review surveys plus personal interviews with senior members of the profession. Details of the Lexpert survey process and ranking criteria can be viewed online at The Canadian Legal Lexpert Directory.

AUGUST 22 2017

10 Fogler Rubinoff Partners Ranked in The Best Lawyers in Canada

Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2018 edition of The Best Lawyers in Canada.

  • Steven A. Cygelfarb - Real Estate Law
  • Jack D. Coop – Environmental Law
  • Milton A. Davis - Legal Malpractice Law
  • Michael B. Fraleigh - Health Care Law
  • Jeffrey B. Goldenberg - Real Estate Law
  • Bill Hearn - Advertising & Marketing Law
  • Ian Kady - Real Estate Law
  • Martin Middlestadt – Real Estate Law
  • Kenneth W. Movat - Construction Law
  • Colleen Spring Zimmerman - Intellectual Property Law 

Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.                            

MAY 01 2017

Nine lawyers profiled as leading practitioners in the Canadian Legal Lexpert® Directory

The 2017 Canadian Legal Lexpert® Directory  has profiled nine Fogler Rubinoff lawyers as leading practitioners:

Jack D. Coop - Environmental

Steven A. Cygelfarb - Property Leasing

Michael B. Fraleigh - Medical Negligence

Bill Hearn - Advertising & Marketing Law

Justin Jakubiak - Corporate Comerical Litigation

Martin L. Middlestadt - Property Leasing

Kenneth W. Movat - Construction Law

Colleen Spring Zimmerman - Intellectual Property

Michael S. Wolfish - Property Leasing

The Canadian Legal Lexpert Directory ranks individual lawyers across 64 areas of expertise and firms in over 40 practice areas. Recommendations for lawyers in the annual publication are the product of an extensive peer review process, with firm rankings tabulated from the cumulative rankings of individuals within each practice area reviewed.

AUGUST 10 2016

Eight Fogler Rubinoff Partners recognized by The Best Lawyers in Canada

Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2017 edition of The Best Lawyers in Canada.

  • Steven A. Cygelfarb - Real Estate Law
  • Milton A. Davis - Legal Malpractice Law
  • Michael B. Fraleigh - Health Care Law
  • Jeffrey B. Goldenberg - Real Estate Law
  • Bill Hearn - Advertising & Marketing Law
  • Kenneth W. Movat - Construction Law
  • Sheldon Silver - Tax Law
  • Colleen Spring Zimmerman - Intellectual Property Law 

Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.                            

JUNE 28 2016

Eight Fogler Rubinoff Partners have been profiled as Leading Practitioners in the 2016 Canadian Legal Lexpert® Directory

The 2016 Canadian Legal Lexpert® Directory  has profiled eight Fogler Rubinoff lawyers as leading practitioners:

Steven A. Cygelfarb - Property Leasing

Milton A. Davis - Professional Liability

Michael B. Fraleigh - Medical Negligence

Bill Hearn - Advertising & Marketing Law

Martin L. Middlestadt - Property Leasing

Kenneth W. Movat - Construction Law

Colleen Spring Zimmerman - Intellectual Property

Michael S. Wolfish - Property Leasing

The Canadian Legal Lexpert Directory ranks individual lawyers across 64 areas of expertise and firms in over 40 practice areas. Recommendations for lawyers in the annual publication are the product of an extensive peer review process, with firm rankings tabulated from the cumulative rankings of individuals within each practice area reviewed.

JANUARY 21 2016

Ontario Bar Association Institute 2016

Ontario Bar Association Institute 2016 runs from February 2-6, 2016. Three of Fogler Rubinoff's lawyers are speaking at the event:

NOVEMBER 24 2015

Kenneth Movat Speaks on Hot Button Legal Issues for Engineers

Fogler Rubinoff LLP and CEO recently hosted a seminar to discuss Hot Button Legal Issues for Engineers. Kenneth Movat, Rudy Morrone and Andrea Marsland each discussed their area of legal expertise. Click the attached link to see Kenneth's presentation.

Download Publication Attachment

AUGUST 25 2015

10th Edition of The Best Lawyers in Canada

We are pleased to announce that Steven A. Cygelfarb, Milton A. Davis, Michael B. Fraleigh, Jeffrey B. Goldenberg, Martin L. Middlestadt, Kenneth W. MovatSheldon Silver, Q.C. and Colleen Spring Zimmerman have been selected by their peers for inclusion in the 10th Edition of Best Lawyers in Canada.

JULY 30 2015

Leading Practitioners in the 2015 Canadian Lexpert® Directory

Fogler, Rubinoff LLP is pleased to announce that the following lawyers are Listed as Leading Practitioners in the  2015 Canadian Lexpert® Directory:

 

Steven Cygelfarb

Milton Davis

Michael Fraleigh

Martin Middlestadt

Kenneth Movat

Sheldon Silver

Colleen Spring Zimmerman

Michael Wolfish

FEBRUARY 20 2013

Best Lawyers in Canada

We are pleased to announce that Raymond M. Gelgoot, Martin L. Middlestadt, Colleen Spring Zimmerman, Jeffrey B. Goldenberg, Steven A. Cygelfarb and Kenneth W. Movat, were recently selected by their peers for inclusion in the Seventh Edition of Best Lawyers in Canada.

Representative Work

Electrical contractor's claim

Prosecuted electrical contractor's claim for $12-million at Kingston General Hospital .

Claim against contractor for defective workmanship

Represented industrial building owner in claim against contractor for defective workmanship.

Multi-party, multiple claim dispute

Represented material supplier in settlement of multi-party, multiple claim dispute arising from defective concrete.

Nuclear power generator, mediated settlement

Represented nuclear power generator in a mediated settlement of a $60-million claim by contractor on Steam Generator Replacement project.

Site servicing contractor

Represented site servicing contractor in claim for extended schedule duration against a university.

Highway 407 Consortium

Represented the principal electronic technology partner in the Highway 407 Consortium in connection with negotiations with the Ontario Government for the toll system supply agreement for Highway 407. This automated tolling system has since become the international standard for highway tolling technology.

Gardiner Expressway deconstruction

Settled claim by contractor in respect of Gardiner Expressway deconstruction.

Awards & Distinctions

  • Listed as a leading practitioner in the Canadian Lexpert® Directory, repeatedly recommended in Construction Law, 2010-2018
  • Recognized as a leading lawyer in The Best Lawyers in Canada, since 2006: Construction Law
    Best Lawyers in Canada - Construction Law, 2006-2016

 

Education

  • Admitted to Ontario Bar, 1987
  • University of Ottawa, LL.B., 1985
  • University of Toronto, Honours BSc. (Psychology), 1983

Professional Designation

  • Certified Specialist, Construction Law, 2002
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