In the first decision of its kind, Fogler, Rubinoff lawyers Justin Jakubiak and Adam Varro were successful in obtaining a cost award against the Ontario Motor Vehicle Industry Council (OMVIC), Ontario’s motor vehicle sales regulator.
The application was made further to our client’s successful appeal to the Licence Appeal Tribunal (LAT) of OMVIC’s proposal to refuse his salesperson’s licence on account of alleged improper conduct as a sales manager of a large franchise dealership. In her decision, the presiding member acknowledged the high burden to achieve a cost award but found it unreasonable that “the Registrar continued the hearing to completion (a startling 13 days of evidence), despite the case…showing multiple weaknesses early on and throughout the hearing.” The presiding member further found that OMVIC acted unreasonably by failing to entertain numerous offers to settle made before and during the hearing.
Costs are rarely awarded at the LAT, and we are unaware of another decision where they have been awarded against a regulator. This decision serves as an important precedent for future instances where a regulator unreasonably pursues its case and in doing so causes unnecessary expense and prejudice to an applicant’s ability to participate in their industry of choice. The full decision can be found here.
On October 7, the Inuvialuit Regional Corporation (IRC), was granted leave to intervene at the Supreme Court in the appeal of the Quebec Court of Appeal reference case on An Act respecting First Nations, Inuit and Métis children, youth and families. This will be a landmark constitutional case with respect to Indigenous peoples’ inherent jurisdiction and legislative authority over the well-being of their children, youth, and families.
Katherine Hensel, lead counsel to IRC, noted that the Inuvialuit child wellbeing law, Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat, is set to come into force and effect in November, 2022, and that the Inuvialuit law’s administration and operation “will be directly impacted by the outcome of the Court’s decision in this case, as will the laws being developed across Canada by other Indigenous governing bodies.”
The date for the hearing at the Supreme Court is scheduled for December 7 & 8, and the Court’s decision will be released in 2023.
IRC is represented in the case by Katherine Hensel and Kristie Tsang of Fogler, Rubinoff LLP
We are thrilled to welcome back in-person our 2022-2023 Articling Students. Learn more about each of them and their experiences on the students@foglers section of the website.
Wills & Estates Associate, Sasha Kraus is a recipient of the prestigious Trust and Estate Practitioner (TEP) designation. The TEP designation formally distinguishes qualified practitioners from non-specialists, and offers a competitive advantage in attracting clients.
It is with deep sadness that we announce the passing of our Partner, friend and colleague, Michael H. Appleton, Q.C. Michael passed away on July 10, 2022.
Following his graduation from Osgoode Hall Law School in 1964, he practiced law for 56 years and was the Managing Partner for 33 years. During that tenure he oversaw the almost five-fold growth of our firm. Michael was instrumental in building this firm and its continued success since the merger of Siegal, Fogler and Rubinoff & Rubinoff in 1982. Fogler, Rubinoff LLP would not be what we are today without Michael’s leadership, business acumen, wisdom and sense of humour. His deep commitment to our clients and our firm was something we all admired.
Our hearts are with Michael’s family, who always mattered the most to him. He will be deeply missed by everyone who was privileged to work with and learn from him.
Congratulations to the following lawyers elected to the 2022-2023 OBA Section Executives
Kathryn Balter, Trusts and Estates Law – Secretary
Alexander Evangelista, Younge Lawyers Division – Member-at-large
Samantha Green, Civil Litigation – CPD Liaison
Jared Schwartz, Health Law – Member-at-large
Interested in learning more about our 2L Summer Program?
Join Myriah Graves, Director of Professional Development, on Wednesday June 15th, as we open our doors virtually to 2L law students, Register today and find out what makes Fogler, Rubinoff LLP such a great place to work.
Foglers takes pride in recruiting, supporting, and fostering the careers of women lawyers.
In honour of International Women’s Day, weare thrilled to announce the creation of our women@foglers mentorship program, spearheaded by Teodora Prpa and Hailey Abramsky, two young and driven female lawyers at our firm.
women@foglers is an internal program designed to cultivate our firm’s female talent by maximizing career development through guidance, support and one-to-one mentoring.
We are saddened to inform you that our friend and colleague Bill Perks, passed away on Christmas Day.
Bill Perks and Suzanne Hanson merged their boutique tax firm known as Perks & Hanson with Fogler Rubinoff’s Tax, Wills and Estates Department on September 1, 2008. Bill has continued to be an active member of the firm during his semi-retirement in recent years.
Bill obtained his accounting degree in 1974 and was called to the Ontario bar in 1976. He was well known by tax professionals, enhanced Fogler Rubinoff’s reputation within the legal and accounting professions, and had a great passion for golf. His intelligence, sense of humour, and wisdom will be sadly missed by his many colleagues, clients and friends. He was an excellent lawyer who mentored and provided guidance to many lawyers in our firm.
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.
