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More than a law firm – that’s the
Foglers Advantage.
77 King Street West
Suite 3000, P.O. Box 95
TD Centre North Tower
Toronto, ON M5K 1G8
2024 Fogler, Rubinoff LLP
For 19 years Ron Davis and some of Canada’s finest musicians have donated their time and talents to bring music and cheer to the less fortunate at the annual Lawyers Feed the Hungry Christmas Dinner. The Lawyers Feed the Hungry program was established in 1998 to support those residents living with food insecurity, in poverty, or homelessness. It is one of the City’s few year-round programs providing approximately 60,000 meals each year. For Ron, who volunteers with a number of organizations that support the Arts, volunteering with Lawyers Feed The Hungry has been one of his most rewarding experiences –allowing him to help those in need, and spread some holiday cheer through music.
Ron, tell us how you first become involved with Lawyers Feed The Hungry?
I had the privilege of being involved as a volunteer serving with the founder of the program Martin Teplitsky. When I started in the 90’s, the program took place once a week and we served breakfast. The program has grown over the years to offer dine-in meals four times a week and has pivoted to take-out meals during the pandemic.
As a volunteer with Lawyers Feed the Hungry, what did you do to help out?
Early on my involvement consisted only of serving meals to those in need. However, sometime before 2000, I was asked, in addition to serving meals, to bring my band to perform for the annual Lawyers Feed the Hungry Christmas Dinner. I had no trouble rounding up some of the greatest musicians in Canada to come and volunteer their time play for two hours because the joy that we could see on the clients’ faces at those holiday events was unimaginable. Music is the glue that brings us all together – and to be able to provide two hours of music, with some of the greatest jazz musicians in Canada, was really a joy. Through the program I had the pleasure of meeting a part of my community that I wouldn’t otherwise have had the chance to meet. To my surprise, I even met many fellow musicians who were in the program.
Given your experience with Lawyers Feed the Hungry has been so rewarding, what advice do you have for a young lawyer who is looking for opportunities to give back to the community?
I have three pieces of advice for young lawyers looking to give back.
First, in my experience it’s about quality, not quantity. If there is a concern that you don’t have five hours a week or ten hours a month to participate, then find a cause that moves you and interests you and do as much as you can. It might be five hours a year, or the odd email to your network to help promote the cause. Don’t presume something is undoable if it is something that’s meaningful and important to you.
Second, don’t lose sight of the fact that giving back to your community may impact your work as a lawyer as much as your work as a lawyer may impact your giving back to the community. Volunteering gives you a set of superpowers – it provides you with an understanding of your community and the people within it that you may not necessarily get from law.
Finally, and perhaps most importantly, it is a mistake to focus on what contributing to the cause can do for you. Focus on what you can do for the cause without expecting anything in return other than contributing to the community. In my experience the rewards have always presented themselves when I’ve just thrown myself into something without expecting anything in return. It was always unintentional, but I can’t tell you how many gigs I got just through performing for the Lawyers Feed the Hungry program.
To learn more about Lawyers Feed the Hungry, visit http://www.lawyersfeedthehungry.ca/index.html
Alex Kolandjian is a Partner in our Real Estate practice who volunteers his time behind the scenes at the Pomegranate Film Festival as part the organizing committee – a group of young Armenian professionals bound by a passion for film and culture. The Pomegranate Film Festival, established in 2006 stems from the Toronto Chapter of the Hamazkayin Armenian Educational and Cultural Society. Now in its 15th year, the Pomegranate Film Festival is a unique community event celebrating Armenian inspired films.
Tell us how you got involved with The Pomegranate Film Festive?
I actually met one of the founders of the festival through the Armenian Bar Association (he’s also a lawyer). The festival focuses on Armenian-inspired film (be it the subject of a film, actors, directors, producers, etc.) so being of Armenian descent, it hits close to home. Pair it with my love of film and it was a natural fit.
In your volunteer role with the Festival, what are your activities and what do they involve?
I’m the head of sponsorship, so I deal directly with a lot of our business and individual sponsors, try and find new sponsors and co-ordinate other volunteers. I also love being hands-on with the festival with everything from screening films, event planning, selling tickets and welcoming patrons to the films. From time to time, I also introduce the films during the festival and run Q&A sessions with actors/actresses, directors and producers.
You’ve been with the Festival for eight years, what motivates you to stay involved?
It’s a way of giving back to my community and promoting the arts. Like I said, I really enjoy the films as well and meeting some of the actors, directors, producers. The other volunteers, sponsors and patrons are also fantastic people and many have become close friends and even clients over the years.
In your opinion, what is the most important work that the Pomegranate Film Festival does?
The goal of the Festival is to promote the arts, give a voice to the voiceless and draw attention to issues around the world through film. We’ve screened films from over 60 countries over the years with over 37,000 attendees. Through our POMgrant bursary program, the festival provides up-and-coming and aspiring film makers with funding towards their cinematic efforts.
What has been the most rewarding aspect about volunteering with this organization?
The festival has an on-going program with a local Armenian high school where the students have been creating their own short films. It’s amazing to see their work and be introduced to the next generation that will run the festival one day. I’m hoping that my daughter, Sophia, will take an interest when she is older. I’d love to think that the festival may inspire the next Atom Egoyan (The Sweet Hereafter, Ararat, Chloe, Remember) or Sev Ohanian (Searching, Run, Judas and the Black Messiah). Many of the films that we screen have serious subject matter, including genocide, human rights and war. It’s amazing that the festival draws attention to those issues.
While volunteering, you will meet people from all different walks of life. Have you had the experience where those paths cross with your law practice?
Absolutely. I’ve gained clients through my involvement in the festival, from individuals to businesses for corporate, real estate and litigation work.
Does this experience volunteering with the Pomegranate Film Festival give you a different perspective – that you bring to your law practice?
It really lets me see things from a different perspective and appreciate the trials and tribulations of artists and small business owners. As a part of a non-for-profit organization, the goal of the festival is not to make money, but rather to cover its expenses and contribute to the arts and the next generation of film makers. In terms of my practice, this helps me by putting myself in the shoes of business owners and understanding their varying goals.
What advice would you give to a new lawyer who is looking for an opportunity to give back to their community?
Find something you’re interested in (it doesn’t have to have anything to do with the law), figure out how you can get involved and give back. Find the time (having an incredibly patient wife helps) and try to balance work, family and volunteering.
To learn more about The Pomegranate Film Festival visit http://pomegranatefilmfestival.com/
Each year millions of refugees make the difficult decision to flee their homelands in search of a safe place to call home. For Adam Varro, an associate in our litigation practice, volunteering his time on the Board of Directors of Adam House to help refugees establish new lives in Toronto has been a rewarding experience. Adam House is more than just a shelter. The sense of community and friendship the envelops anyone who walks through their doors is shared by the staff, volunteers and residents – many of whom come back as volunteers themselves.
Tell us how you got involved with Adam House?
I was looking for a summer job in my first year of law school. My church’s young adult Facebook page posted an ad for a Volunteer Summer Teams Coordinator with Adam House through the Canada Summer Jobs program. It looked like a good opportunity to get involved with an organization doing good work for vulnerable populations. I applied and got the job. The following summer I worked for Adam House on a part-time basis, and then I was asked to join the Board of Directors in 2018, where I have served since along with eight other board members.
In your volunteer role on the board, what are your activities and what do they involve?
As a Board member, I attend quarterly board meetings to discuss all matters relating to the operation of our properties (we now have three). Projects that the Board has discussed this year include the acquisition of our latest property (Booth House) and planning out a renovation project on the main property. I also assist in between meetings on sub-committees to provide strategic advice. I also try to stay active with Adam House simply as a member of the community. I attend their events throughout the year, including World Refugee Day, the Scotiabank Charity Challenge Run, and Friday night socials. I have gotten members of my church involved in these initiatives as well.
Given your busy schedule what motivates you to stay involved?
It’s the people that keep me motivated to stay involved. It can be difficult to set aside the time for my volunteer commitments, but I always feel fulfilled when I turn to my work with Adam House. Everyone on the Board is committed to helping Adam House thrive, and many board members have been serving for many years. Beyond the Board, I love seeing and interacting with the residents of the house, the staff, and the volunteers. There is a certain bond we all share in that we’re working toward the same goal of helping refugees and making the transition to Canada easier for them. I’ve gotten to know various refugee families and individuals, many of whom have transitioned into comfortable and successful lives in Toronto and the GTA. Knowing these people have endured such hardship in their country of origin and seeing them approach life here with such positivity helps me remember how important this work is.
In your opinion, what is the most important work that this organization does? Adam House gives refugee claimants more than a place to live, but a sense of community in an otherwise isolating and stressful time. Adam House supports refugee claimants financially, socially, and spiritually, addressing needs and meeting them. This requires time, patience, and creativity, and I am fortunate to be a small part of that good work.
What advice would you give to a new lawyer who is looking for an opportunity to give back to their own community?
Think about the causes you’re passionate about and how to leverage any community involvement or networks you already have. You may not realize your unique skills and knowledge could be very helpful to an organization. You sometimes just need to ask if they need help. My primary sources for volunteer work are my church and the connections I made through my law school extracurricular activities. Keeping an open mind and staying in touch with people you enjoyed working or volunteering with can sometimes lead to really interesting opportunities. That is how I remain connected to Adam House, the Fair Change Legal Clinic, and Pro Bono Ontario.
Does this experience with Adam House give you a different perspective, which you can bring to your law practice?
It helps me understand the specific needs of non-profit organizations from the perspective of a client. I see how important legal advice is to Adam House’s everyday operations, such as a compliant employee manual, and larger scale things like acquiring a new property and Building Code compliance. It helps me bring a greater sense of duty to my practice when I’m advising clients on the best way to move forward in their disputes. While many of Adam House’s matters can be dealt with by the organization’s staff and directors, many require legal assistance, and that can be invaluable in resolving issues in a timely manner. Most of the subject matter I deal with through Adam House does not relate to my litigation practice at all, but I have been able to assist fellow board members and staff on a preliminary basis with certain legal questions. I often realize that I am maybe the only lawyer that some people know.
To learn more about Adam House visit www.adamhouse.org
Fogler Rubinoff (FR) supports the principles of equality, diversity and inclusion (EDI) which require fairness and respect to all individuals.
We strive to ensure that each and every person in our workplace and professional environment is valued regardless of their race, religion, gender, disability, sexual orientation, age or any other protected ground under the Human Rights Code. We recognize that all forms of discrimination, including discrimination against women, racialized persons, Indigenous persons, LGBTQ2+[1] persons, persons with disabilities, and religious groups, must be eliminated. EDI is intrinsic to the character and reputation of our firm, of who we are, and who we strive to be.
To achieve these important goals we are committed to adopting EDI in all aspects of our firm culture. We strive to achieve EDI in hiring our staff and lawyers, in our relationships and daily interactions with the lawyers, staff, administration and clients of our firm, and in our dealings with other members of the legal profession.
We are also committed to eliminating systemic discrimination, promoting equality, and preventing harassment in all aspects of our firm culture and in our relationships with our staff, lawyers, clients, other members of the profession and the public at large. We understand that ending systemic discrimination and promoting equality is important to the health, safety and job satisfaction of everyone at our firm and to our success as a business and professional organization. We understand that this is not just a professional and legal obligation but also the right thing to do.
We are proud to publicly state the firm’s commitment to achieve measurable progress in EDI. To this end, we have created an EDI Committee to work on key areas that require attention and to review EDI action at our firm and create programs which teach and advance EDI principles for the entire firm.
EDI requires ongoing effort. The following is a summary of the principles we are committed to advancing and the initiatives we are working on to achieve them:
Accountability
Fogler Rubinoff is committed to ensuring that our offices are accessible to our staff and the public both physically and emotionally. To ensure accountability respecting our commitment to EDI we:
- have in place procedures to respond to discriminatory behaviour toward our clients, lawyers or employees in professional or community settings and to hold members of our firm accountable for discriminatory behaviour; and
- conduct internal diversity surveys on an ongoing basis which are reviewed by the EDI Committee and acted upon as appropriate.
Respect and Understanding
FR understands that respect and understanding are crucial to our EDI initiatives. We are willing to learn and expand our knowledge and core beliefs regarding race, racism and all forms of discrimination. In order to foster respect and understanding we acknowledge that:
- anti-black racism and discrimination against women, racialized persons, Indigenous persons, religious groups, LGBTQ2+ persons and persons with disabilities exists and must be eliminated;
- women, racialized persons, Indigenous persons, LGBTQ2+ persons, persons of various religious backgrounds, and persons with disabilities encounter barriers in their careers.
Education
Education is fundamental to our EDI policy. We acknowledge that EDI education is essential to serving our clients and to fostering an open and inclusive firm environment. FR is committed to educating members of the firm on concepts such as anti-racism, anti-oppression, and unconscious bias, in order to better work with and serve all members of our community. Our educational initiatives include:
- ongoing EDI training for all firm members focusing on anti-racism, discrimination, anti-oppression, and unconscious bias;
- offering and maintaining firm resources on anti-racism, equity, intersectionality, privilege, equality, inclusion, diversity, anti-oppression, unconscious bias, and anti-discrimination;
- maintaining an EDI page on our website;
- publishing a quarterly EDI newsletter to all firm members encouraging participation and learning about EDI issues;and
- reviewing this EDI policy annually and updating it as required.
Inclusive Workplace
FR is committed to creating an inclusive workplace which includes:
- supporting outreach programs and public associations which promote equality and inclusion;
- establishing safe avenues within FR to report and address non-inclusive behaviour and gaps in inclusion;
- encouraging positive recognition of diversity and differences to ensure all members of the firm feel safe, valued and welcomed; and
- facilitating access to learning and development opportunities with regard to inclusivity.
Recruitment
FR believes that valuing and enhancing diversity and inclusion will help us attract and retain the best talent and better serve our clients. We are committed to creating a diverse workplace that reflects the community in which we live. Our goal is to attract, develop, and advance people of all backgrounds and genders. For this purpose FR has engaged in initiatives to:
- ensure that everyone involved in firm interviewing and recruitment processes is well versed on our diversity and inclusion policy;
- provide ongoing education and training to identify and address unconscious biases that may impact our hiring process; and
- attract and recruit a diverse group of candidates.
Advancement/Equality of Opportunity/Retention
FR recognizes that women, racialized persons, Indigenous persons, LGBTQ2+ persons, persons of various religious backgrounds, and persons with disabilities often face barriers and challenges that impact their ability to reach their potential. FR is committed to ensuring all members of the firm have equal opportunities to participate, gain experience, and excel. We recognize that this is for the betterment of our firm and society in general. FR is committed to ensuring that:
- all members of the firm have an equal opportunity to work, succeed, advance, and excel as professionals;
- our staff and lawyers are mentored by individuals who can assist them in their professional and personal development and growth; and
- all firm members are given clear expectations as to performance, accommodations, promotions, and advancement, through an effective performance review process which takes EDI principles into consideration.
[1] By using LGBTQ2+ we intend to include all groups which identify with this acronym. We are committed to being as inclusive as possible.
Foglers was successful on behalf of our client, a car dealership, in bringing an application under s.24(2) of Charter to challenge the validity of a search warrant and to exclude the evidence gathered thereunder.
The team included, Justin Jakubiak, Martine Garland, Adam Varro and Paniz Rahdari.
September 30, 2021 marks Canada’s first National Day of Truth and Reconciliation.
On this day of reflection, our lawyers and staff came together to hear from Chief Laurie Carr of Hiawatha First Nation, who spoke to us about the injustices that occurred at Residential Schools, the 60s Scoop and the present-day MMIWG.
Today, we encourage everyone to take the time to reflect, learn and have meaningful conversations about the harm committed against Indigenous Peoples.
Fogler, Rubinoff LLP is pleased to announce that the firm has been recognized as a highly regarded firm in Ontario in the area of corporate/commercial law.
In addition, 3 of the firm’s partners have been recognized in the 2022 Guide as leaders in their areas of practice:
- Don Bourgeois is recognized in the area of Gaming & Licensing
- Bill Hearn is recognized in the area of Advertising & Marketing
- Rick Moscone is recognized in the area of Corporate/Commercial
According to Chambers:
Fogler, Rubinoff is a well-known mid-sized law firm with a full-service commercial law practice in Toronto. The corporate department advises both public and private companies on M&A, corporate governance and regulatory compliance, as well as commercial litigation. The firm also represents entrepreneurs and family-owned businesses and provides noted securities expertise. It also operates an esteemed real estate practice.
Chambers Canada: Canada’s Leading Lawyers for Business, 2022
Chambers and Partners publishes one of the most respected legal directories in the world and is a trusted source of information for the legal community. The Chambers Canada Guide covers lawyers and law firms practicing in all provinces and territories in Canada and recommends lawyers and law firms in over 40 specialist practice areas.
As the Ontario government has moved ahead with implementing proof of vaccination requirements for businesses and organizations, what does this mean for condominium corporations?
Carol Dirks presented at the CAI Canada V-CON(DO) 2021 conference, on a panel that weighed-in on the various considerations and challenges from a legal, management and board perspective in implementing a proof of vaccination policy for residents (as well as employees and contractors), and a discussion about how best to enforce.
David Theil presented at the CAI Canada V-CON(DO) 2021 conference, as part of a national panel which examined Capital Repair/Maintenance Obligations.
The session discussed how the tragic collapse of a condo in Florida has brought to the forefront concerns about how condos are repaired and maintained. Can something like this happen here, north of the 49th parallel?
The panel drilled down on the roles and responsibilities of condo corporations when it comes to maintaining, repairing and replacing common elements and assets of condo corporations in Alberta, Ontario and Québec. The panel also discuss how this vital work is planned and financed over the life cycle of condo corporations. Who determines what needs to be repaired/replaced; when, by whom and at what costs?
Despite our best intentions, research shows we all have it – unconscious, unintentional bias. Unconscious attitudes and beliefs are shaped by all kinds of influences – some of which we would not agree with or accept on a conscious level.
Yet, these unconscious thoughts influence decision-making and can have a profound impact in the workplace on talent management decisions, including recruiting and hiring. The key is to learn how to recognize your own unconscious biases as well as practical ways to interrupt them.
In this interactive DE&I leadership workshop, guest speaker Kathleen Nalty lead lawyers and staff through the following concepts:
- Unconscious bias – how it is formed
- Implicit cognitive biases and how to interrupt them
- 10 hidden barriers that cause higher attrition rates for attorneys in underrepresented groups
- How to recognize implicit bias in ourselves
- Specific research-based strategies for interrupting or mitigating individual biases
- What law firms are doing to fight bias at an organizational level
- Inclusion nudges and bias interrupters
- Specific changes in recruiting and hiring processes to interrupt bias
- Cognitive biases that are implicated in hybrid work models and how they can be addressed
- Development of personal action plans to interrupt implicit bias
