Congratulations to Marie Lussier who has been recognized as a leading Trademark lawyer by World Trademark Review. The WTR 1000 has established itself as the definitive ‘go-to’ resource for those seeking world-class legal trademark expertise.
Justin Jakubiak and Bree Pierce, members of Foglers’ litigation group, successfully represented a family-owned trucking school before the Licence Appeal Tribunal in response to an immediate suspension order and a proposal to refuse to renew the school’s education program. After a grueling 7 day hearing the Tribunal ordered the Private Career Colleges Branch of the Ministry of Colleges and Universities to immediately lift the suspension and directed the Superintendent not to carry out the proposal.
The decision is particularly important and noteworthy as victories for registrants against the Ministry are few and far between. The result is life-changing for our clients as they can resume their family-owned business which has 3 locations in Ontario and employs dozens of people.
A summary of the case follows:
Our client is a truck driver training school which has been registered under the Private Career Colleges Act since 2020 with locations in Mississauga, London and Hamilton.
The Private Career Colleges Branch of the Ministry of Colleges and Universities (the “PCCB”) sent out two Superintendent’s letters, one in 2021 and one in 2022, to all trucking schools suggesting that there was an uptick in non-compliance with the Private Career Colleges Act. The letters warned that trucking schools would begin to see increased enforcement action. In stepping up enforcement, the PCCB bypassed their own “progressive compliance model”, which emphasized education before enforcement.A disgruntled former employee filed an unfounded complaint that led to a superficial investigation. This investigation led to an immediate suspension and a notice of proposal was issued to strip our clients of their registration.
The investigation, per the decision of the Tribunal, was replete with confirmation bias and unsupportable assumptions. It mischaracterized the responsiveness of our client and disregarded their efforts to work with inspectors and investigators to ensure compliance. The investigation was not adequately thorough to merit the suspension or the notice of proposal. In fact, the investigator was admonished for his “apparent haste to embrace” the disgruntled former employee’s “rather dramatic exposé”. The Tribunal Ordered that the suspension should be lifted immediately, the notice of proposal should not be carried out, and our client’s registration should be renewed with reasonable terms and conditions immediately.
The decision is a reminder to all registrants that regulators and government actors are not immune to making mistakes and government overreach is real. Legal advice should always be sought in response to complaints, discipline, charges or proposals levied against a licensee by their regulator. The regulator may be wrong (and in our experience often make mistakes).
For more information about this case, or if you have any questions about your licence or regulated business, please contact Justin Jakubiak at: [email protected].
This annual event celebrates leading lawyers under 40 who have demonstrated an outstanding track record of success in their field, are recognized leaders in the community, and are contributors to their firm’s success. They are selected by Lexpert’s advisory board for being at the top of their game in leadership, professional achievements, and teamwork.
On behalf of the whole firm, we congratulate David and all of the accomplished lawyers recognized by Lexpert on this well deserved recognition!
Our Fogler Rubinoff family strongly condemns the unprecedented, barbaric attack by Hamas terrorists on Israel.
While we in Canada live with the privilege of having the expectation of a peaceful existence, the Middle East presents a much different matrix of facts which make peaceful co-existence idealistic when the government in Gaza is a terrorist group that denies Israel’s right to exist. It is important to speak out against organizations like Hamas who wish to annihilate the Jewish people.
We support Israel and all its people. Our thoughts and prayers go out to all the innocent victims of this tragedy. We specifically pray for the safe return of the kidnapped civilian bystanders.
Congratulations to Don Bourgeois on being recognized by Chambers and Partners in the 2024 Canada Guide in Band 2 for Gaming & Licensing law nationwide.
Don Bourgeois of Fogler, Rubinoff LLP is reputed for his impressive gaming background, having worked within a number of regulatory bodies, including the Alcohol and Gaming Commission of Ontario. He is particularly well known for his knowledge of gaming regulation.
Chambers & Partners, Canada 2024
To mark the National Day for Truth and Reconciliation and Orange Shirt Day, this week Foglers welcomed Tracey Lindberg, an award-winning academic writer, Professor of Law and acclaimed author of Birdie. Professor Lindberg shared with us her perspective on reconciliation and what meaningful relationship building looks like. Today and beyond, we encourage everyone to reflect on the trauma committed against Indigenous Peoples, to educate themselves on the Calls to Action of the TRC and begin putting reconciliation into action as allies.
To recognize her work as a leading Indigenous lawyer, Katherine Hensel has been named on to Top 25 Most Influential Lawyers by Canadian Lawyer Magazine.
Katherine is being recognized for her work as a leading Indigenous rights lawyer and is described as “a passionate advocate for the assertion of Indigenous and treaty rights, the duty to consult and child welfare matters.” She is featured in the Human Rights, Advocacy and Criminal Law category.
22,0000 individuals took part in the voting process this year to determine members of this exclusive list. Lawyers who are selected often contribute to the most nationally significant and strategic legal questions, cases, deals and disputes. Winners are selected across five different categories from hundreds of nominees.
Foglers is pleased to announce that the 41 lawyers were selected by their peers for inclusion in the 2024 edition of the Best Lawyers in Canada and Best Lawyers: Ones to Watch.
Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
Hailey Abramsky – Corporate & Commercial Litigation “Ones to Watch”
Tammy Anklewicz – Trusts and Estates
Kathryn Balter – Trusts and Estates
Leonard Bosschart – Trusts and Estates
Don Bourgeois – Gaming Law
Blair Bowen – Corporate & Commercial Litigation
Jennifer Campbell – Mining Law
Denis Chamberland – Public Procurement Law
Steven Cygelfarb – Real Estate Law and Commercial Leasing Law
Milton A. Davis – Legal Malpractice Law
Roberto De Pasquale – Corporate Law “Ones to Watch”
Michael Donsky – Administrative and Public Law
Tim Duncan – Municipal Law
Albert Engel – Environmental Law
Joel Farber – Expropriation Law, Municipal Law and Real Estate Law
Michael B. Fraleigh – Health Care Law and Medical Negligence
Joseph Fried – Real Estate Law
Jeffrey B. Goldenberg – Real Estate Law
Bill Hearn – Advertising and Marketing Law
Katherine Hensel – Aboriginal Law / Indigenous Practice
Eric N. Hoffstein – Charities/Non-Profit, Construction Law, Corporate and Commercial Litigation and Trusts and Estates
Ian N. Kady – Real Estate Law
Gary Kissack – Aboriginal Law / Indigenous Practice
Ross MacDougall – Construction Law
Kenneth W. Movat – Construction Law
Young Park – Administrative and Public Law and Corporate & Commercial Litigation
Marko Petrovic – Corporate & Commercial Litigation “Ones to Watch”
Lori Prokopich – Banking & Finance Law
Karen Rosen – Banking & Finance Law, Corporate Law and Energy Law
Richard Rotchtin – Real Estate Law
Howard Rubinoff – Banking and Finance Law
Leneo Sdao – Real Estate Law
Immi Sikand – Immigration law
Michael S. Slan – Natural Resources Law
Charles W. Skipper – Construction Law
Colleen Spring Zimmerman – Intellectual Property Law
Avi Sugar – Real Estate Law
William J. Taggart – Aboriginal Law / Indigenous Practice
Scott Venton – Insolvency and Financial Restructuring Law
Mary Wahbi – Trusts and Estates
Larry Winton – Real Estate Law
We are pleased to share that the following lawyers will play important roles as members of the 2023-2024 OBA Section Executives.
Kathryn Balter, incoming Vice Chair, OBA Trusts & Estates Law
Alexander Evangelista, incoming Public Affairs Liaison, OBA Young Lawyers Division (Central)
Samantha Green, incoming Vice Chair, OBA Civil Litigation
William Taggart, incoming Technology Liaison, OBA Aboriginal Law
Gary Kissack and Brian Gosse will present at the 29th Annual Conference & AGM for the Council for the Advancement of Native Development Officers (CANDO) which is being held at Membertou First Nation. Their session will focus on best practices in structuring the ownership of Indigenous economic development entities.
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