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.

W. Ross MacDougall

Partner

PROFILE

Ross is a Partner in the firm's Litigation and Dispute Resolution group. Ross has a broad practice, including commercial litigation, construction law, tax litigaiton, estate litigation and health law matters. Ross has appeared before various courts and tribunals in Ontario.

Publications

SEPTEMBER 30 2014

Peter Baek and Ross MacDougall’s recent success in the Tax Court of Canada featured in The Bottom Line

Peter Baek and Ross MacDougall’s success on behalf of a taxpayer was highlighted in The Bottom Line, a business periodical for accounting and financial professionals.  The article discusses the implications of the Tax Court’s decision in Bolton Steel Tube Co. v. The Queen regarding tax settlement agreements.  Please click on the following link to read a PDF copy of the article: "TCC Ruling Stresses 'Reasonable' Agreements".

Representative Work

Ledore Investments Limited (Ross Steel Fabricators & Contractors) v. Ellis-Don Construction Ltd.

Ross MacDougall and Robin Joffe were recently successful before the Court of Appeal in the matter of Ledore Investments Limited (Ross Steel Fabricators & Contractors) v. Ellis-Don Construction Ltd.

 In the decision released June 20, 2017, the Court of Appeal overturned a decision of Morrisette J. of the Ontario Superior Court of Justice, thereby reinstating a commercial arbitration award rendered by Larry Banack, which dismissed a delay claim of Ellis-Don Construction Ltd. of approximately $1 million. The long road to success first required Ross and Robin to obtain leave, which was granted by the Court of Appeal on December 23, 2016.

 In overturning the lower court’s decision, the Court of Appeal accepted Ross and Robin's argument that the arbitrator's finding that a “claims made in writing” clause in the parties’ construction contract required more than notice of a prospective claim, was reasonable. The appeal raised important issues relating to the interpretation of claims provisions in construction contracts and the standard of review of arbitration decisions.

 The Court of Appeal’s decision may be found at http://www.ontariocourts.ca/decisions/2017/2017ONCA0518.htm.

Memberships

  • Canadian Bar Association
  • Medico-Legal Society of Toronto
  • Law Society of Upper Canada
  • Advocates Society

Education

  • University of Toronto, LL.B., 2003
  • University of Ottawa, B.A., 2000

Professional Designation

  • Admitted to Ontario Bar, 2004
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