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.

This issue of the Banking and Finance Law Review, published by Thomson Reuters, analyzes legal developments in letters of credit, monetary transitions, demand guarantees, solicitors’ liens, bankruptcy and insolvency, cross-border banking, bank supervision, and the globalized governance of finance.

We are pleased to announce that Hensel Barristers and Fogler, Rubinoff LLP will be practising in association commencing July 1, 2021 and merging by January 2022.

Hensel Barristers has an established reputation of working with Indigenous peoples across Canada to advance and protect their Indigenous rights, cultures, territories and laws.

Katherine Hensel, the founder and principal lawyer at Hensel Barristers, is a seasoned litigator and consistently recommended lawyer in the 2021 Canadian Legal LEXPERT™ Directory in Indigenous Law. A citizen of the Secwepemc Nation, Katherine has built a diverse practice providing advice and acting in disputes concerning the assertion of Indigenous and treaty rights, the duty to consult, commercial matters, public inquiries (including British Columbia's Missing and Murdered Women's Inquiry, as counsel for the Native Women's Association of Canada), child welfare matters, and select criminal cases. Katherine is the recipient of a number of awards for her innovative and passionate advocacy for human rights and the advancement of social justice, including the Minaake Award for Human Rights and Advocacy from the Native Women’s Resource Centre and the Arleen Goss Young Advocates Award from the Advocates Society.

Joining Foglers with Katherine will be associates Ruth Ambros and Lauren Winkler. Together, they will bring a wealth of knowledge and experience acting for Indigenous peoples.

"The merger of Hensel Barristers with Foglers brings added depth and expertise to our Indigenous Law practice," says Gary Kissack, Chair, Indigenous Law Group. "Katherine and her team will become integral members of our firm's Indigenous Law Group and key contributors to our team's continued growth and success acting on behalf of Indigenous peoples across Canada."

For more information, please contact:

Gary Kissack, Chair Indigenous Law
Fogler, Rubinoff LLP
gkissack@foglers.com

Congratulations to David Levangie,  Bonnie Fish and our client Captain Kimberly Fawcett who were successful before the Veteran's Review and Appeal Board. After a 15 year legal odyssey, the Veteran's Appeal Board released its decision granting full compensation to our client, Capt. Kimberly Fawcett, for her injuries. Read the National Post article who reported on the decision: Soldier who lost her baby and a leg in horrific crash on duty wins 15-year battle with military

We are proud to announce that Fogler, Rubinoff LLP has been voted as one of the Top 5 Law Firms by Canadian Lawyer Magazine in their ranking of the Top 10 Ontario Regional Firms.

Every two years, Canadian Lawyer magazine asks lawyers, in-house counsel and clients from across the country to select their Top 10 Ontario regional law firms, based on the firms’ regional service coverage, client base, notable mandates, service excellence and legal expertise. 

We thank all of our clients and colleagues who took the time to vote this year.

Read about the firms profiled here:

 https://www.canadianlawyermag.com/surveys-reports/regional-law-firm-rankings/making-it-through-a-tough-year-top-10-ontario-regional-firms-for-2021/354924

Eight Foglers' lawyers have been rated as Leading Practitioners in their respective areas of practice by The Canadian Legal Lexpert^® Directory, 2021. Congratulations to the following:

• Steven A. Cygelfarb – Property Leasing
• Albert Engel  – Environmental Law
• Bill Hearn – Advertising & Marketing Law
• Eric Hoffstein – Estate & Personal Tax Planning and Estate Litigation
• Gary Kissack  –  Aboriginal Law
• Kenneth W. Movat – Construction Law
• Karen R. Rosen – Asset-Based Lending
• Mary Wahbi – Estate & Personal Tax Planning

The Canadian Legal Lexpert Directory  is an annual ranking of Canadian lawyers in over 40 practice areas, based on peer review surveys plus personal interviews with senior members of the profession.

Last night the firm had the opportunity to give back to those in need. Our sponsorship of a dinner with Lawyers Feed the Hungry provided  a meal to 310 individuals who gathered outdoors in the spring weather for al fresco dining.  

On Monday, October 26th,  we will be opening our doors virtually to 2L students so that you can find out what makes Foglers such a great place to work! View the attached PDF for more details.

RSVP to Teresa Calvi at tcalvi@foglers.com

Register today and find out why Foglers is the best kept secret at King & Bay.

Congratulations to Colleen Spring Zimmerman on being nominated in the area of trademarks law. Now in its 10th edition, Expert Guides: Women in Business Law  profiles leading female practitioners in 31 practice areas across 86 jurisdictions.

Foglers is proud to be recognized by Chambers and Partners in the 2021 Canada Guide as a Highly Regarded Corporate/Commercial firm in Ontario.

"Well-known mid-sized firm with a full-service commercial law practice in Toronto.
Advises both public and private companies on M&A, corporate governance and regulatory compliance, as well as commercial litigation. The team represents entrepreneurs and family-owned businesses and provides noted securities expertise. It also operates an esteemed real estate practice."

The sixth edition of the guide recommends leading lawyers and law firms across the country, based on extensive research. 

Congratulations to Bill Hearn on being recognized by Chambers and Partners in the 2021 Canada Guide in Band 2 for Advertising & Marketing law nationwide.

Accoridng to Chambers:

“Bill Hearn is a "wonderful lawyer" who has experience across a broad range of industries, including agriculture, consumer products and the retail sector. He possesses significant expertise in a raft of consumer protection areas, including deceptive marketing, pricing and anti-spam compliance. 

Congratulations to Don Bourgeois on being recognized by Chambers and Partners in the 2021 Canada Guide in Band 2 for Gaming & Licensing law nationwide. 

 According to Chambers:

“The well-respected Don Bourgeois is hailed as a "fantastic gaming lawyer" by sources and is particularly respected for his knowledge of gaming regulation. He is reputed for his impressive gaming background having worked within a number of regulatory bodies including the Alcohol and Gaming Commission of Ontario.” 

Congratulations to Rick Moscone on being recognized by Chambers and Partners in the 2021 Canada Guide for Corporate/Commercial law in Ontario.

According to Chambers:

“Rick Moscone receives recognition for his transactional work, frequently handling securities and M&A matters. Market sources describe him as a "very practical lawyer and a deal maker." He is well equipped to assist clients with transactions in the cannabis industry.”

Fogler Rubinoff is pleased to announce that the following 22 lawyers were selected by their peers for inclusion in the 2021 edition of The Best Lawyers in Canada. Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.

• Tammy Anklewicz - Trusts and Estates
• Don Bourgeois – Gaming Law
• Steven Cygelfarb - Real Estate Law, Commercial Leasing Law
• Milton A. Davis - Legal Malpractice Law
• Tim Duncan - Municipal Law
• Albert Engel - Environmental Law
• Michael B. Fraleigh - Health Care Law, Medical Negligence
• Jeffrey B. Goldenberg - Real Estate Law
• Bill Hearn - Advertising and Marketing Law
• Eric N. Hoffstein – Trust and Estates
• Ian N. Kady - Real Estate Law
• Gary Kissack - Aboriginal Law
• Ross MacDougall – Construction Law
• Rick Moscone - Cannabis Law
• Kenneth W. Movat - Construction Law
• Young Park – Corporate and Commercial Litigation
• Karen Rosen - Energy Law
• Howard Rubinoff – Banking and Finance Law
• Colleen Spring Zimmerman - Intellectual Property Law
• Mary Wahbi – Trusts and Estates

Kevin Shipley has been listed in the 2020 edition of IAM Strategy 300: The World’s Leading IP Strategists. IAM Strategy 300 identifies the individuals who are leading the way in the development and implementation of strategies that maximise the value of IP portfolios.

According to IAM: "With a background in mechanical engineering, a can-do attitude and entrepreneurial spirit, Kevin always strikes the perfect tone in prosecution and licensing scenarios. The lawyer and patent agent also provides trenchant advice to start-ups, putting strategies in place and enabling them to capitalise on opportunities."

In the article A Grand Idea Whose Time Had Come, Michael Coleman, speaks with Queen's Law about the establishment of the Queen's Law Chapter of the Black Law Students' Assoication and the role the Association has played in empowing a new community of legal professionals.

June is National Indigenous History Month, and 21 June National Indigenous People’s Day. There is no more fitting time to honour the history, heritage and diversity of Indigenous peoples in Canada. We encourage all Canadians to join us in learning more about the Indigenous history in the communities where we live and work, acknowledging the systemic racism and discrimination that exists in our institutions in Canada and elsewhere, and supporting and effecting the changes which are needed to combat that injustice.

Congratulations to Albert Engel, Samantha Green, Olga Samsonova, Jared Schwartz and Bill Taggart on being elected to the 2020-2021 Ontario Bar Association's Section Executive.

Kevin Shipleyhas been recognized in the 2020 edition of IAM Patent 1000: The World's Leading Patent Professionals. IAM Patent identifies the top patent professionals in key jurisdictions around the globe. According to IAM Patent, Kevin “takes a pragmatic approach to his work. Bright and pragmatic, he is great at thinking about clients’ business needs and offering them easily applicable solutions.”

In response to the public outcry against the killing of George Floyd and other acts of police violence against BIPOC (Black, Indigenous, Peoples of Colour) in the US and Canada, and in support of the movement against anti-Black racism and systemic racism in Canada,  we think it is important to acknowledge that Canada is a very multi-cultured society in which systemic racism exists.  We must acknowledge the ingrained biases and lack of understanding that apply to our friends, colleagues and citizens who are members of the Black and Indigenous communities and many others.  

As Justice Doherty of the Ontario Court of Appeal wrote in his decision in R v Parks (1993 CanLII 3383 (ON CA): “Racism, and in particular anti-black racism, is a part of our community's psyche. A significant segment of our community holds overtly racist views. A much larger segment subconsciously operates on the basis of negative racial stereotypes. Furthermore, our institutions, including the criminal justice system, reflect and perpetuate those negative stereotypes. These elements combine to infect our society as a whole with the evil of racism. Blacks are among the primary victims of that evil.”

Fogler, Rubinoff condemns the anti-Black violence and racism that has taken place in cities across North America, including in our own, in recent years.  We acknowledge that this is not merely a recent phenomenon and that there has been racism against BIPOC communities since the founding of our country.  Through conversations with peers and the extraordinary ongoing media coverage, we know that the Black community across North America is going through an intensely difficult time. We want to acknowledge the terrible pain and trauma that many of those around us are experiencing now, and have been for many years.

Our Firm's Diversity and Inclusion Committee was formed to make strides towards a more inclusive and respectful workplace for everyone at Fogler, Rubinoff. We send this message of support because Foglers and the D&I Committee want to commit to doing the hard work that is necessary to face these challenges and help to better understand the racial injustices that are prevalent in our society. We will continue to strive to seek out, listen, learn, and integrate the perspectives of the people who are underrepresented, and most vulnerable. We will push ourselves to do it better, through ongoing learning, continued dialogue within our team and community, improved training, and by building partnerships with organizations making important contributions to these issues.

As part of these efforts, we would like to share the following resources:

If You Wish to Learn:

We found the following articles helpful as resources to gain understanding and awareness about BIPOC issues in Canada:

• How to become a better ally: https://lnkd.in/dQCwuFT
• What our black colleagues may be feeling right now: https://lnkd.in/dpcUjPY
• Make this moment the turning point for real change: https://lnkd.in/dhMD9k8
• https://www.greatbigstory.com/guides/how-to-become-a-better-black-lives-matter-ally
• In this article, writer Shanequa Golding provides an opinion piece on her experience coping with work in the aftermath of the death of George Floyd, Ahmaud Arbery, Breonna Taylor and others.

 If You Wish to Donate:

The following organizations support BIPOC communities by fighting against systemic racism, supporting Black Owned Businesses, supporting health and mental health of BIPOC communities and providing safe spaces for Black and racialized members of the LGBTQ2S community in Canada:

• Canadian Civil Liberties Association (https://ccla.org/)
• Across Boundaries (http://www.acrossboundaries.ca/)
• Black Legal Action Centre (https://www.blacklegalactioncentre.ca/)
• Black Youth Helpline (https://blackyouth.ca/)
• Caribbean African Canadian Social Services (https://cafcan.org/)
• The Black Business and Professional Association (https://bbpa.org/)
• Black Health Alliance (http://blackhealthalliance.ca/)

Rick Moscone, co-chair of the cannabis marketing group with the Canadian Marketing Association. Shares his perspective with The GrowthOp the challenges cannabis companies face as they grapple with the regulations and try to figure out how to develop a brand within the government’s restricted framework. Read the full article: Let's talk about celebrities and their weed brands. How do they get around Health Canada's marketing rules?

Published by Thomson Reuters, The Law of Acute Care Medicine addresses the complexities that arise when medicine, law, and ethics intersect in the treatment and caring for acutely ill patients.

This practical guide provides greater clarity and expert guidance into this interplay – a rapidly evolving area of concern. Written by Laura Hawryluck a critical care physician and Michael Fraleigh, The Law of Acute Care Medicine is the first Canadian resource to focus exclusively on the needs of acute care professionals and those providing them with legal advice. 

Don Bourgeois talks about gambling law, the legality of sports betting and addressing money laundering in the gaming sector – and we’re betting you’re going to love it!
 https://lnkd.in/eU7T8aA

We are pleased to announce that seven of our Partners have been named as leaders in their field in the 2020 Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory  is an annual ranking of Canadian lawyers in over 40 practice areas, based on peer review surveys plus personal interviews with senior members of the profession. Fogler Rubinoff lawyers profiled in this year's edition include:

• Stanley Berger  –  Environmental Law;
• Steven A. Cygelfarb – Property Leasing;
• Albert Engel  – Environmental Law
• Bill Hearn – Advertising & Marketing Law;
• Eric Hoffstein – Estate & Personal Tax Planning, Estate Litigation and Charities/Not-for-Profit Law;
• Gary Kissack  –  Aboriginal Law;
• Kenneth W. Movat – Construction Law;  and
• Kevin Shipley– Intellectual Property Law

On the podcast Law Firm ILN-telligence, host Lindsay Griffiths interviews Michael Slan to discuss discuss the importance of  communication in this time of pandemic, why deep cuts may not be the best cuts, and what leadership looks like in the face of market downturns and global lockdowns.

Listen to the ILN-telligence podcast episode here:  https://anchor.fm/lindsay-griffiths/episodes/Episode-2-Michael-Slan--Fogler-Rubinoff-LLP-ed3aue/a-a20bs02

Acritas Stars are lawyers who are identified as standouts for their quality of work, business and commercial savvy and their ability to turn legal advice into practical solutions. According to Acrtias' client interviews, Michael was recognized for his level of service, attention to detail, quality of work and timeliness of response.

Acritas is a leading source of client and market research for law firms around the world. The Star lawyers included in their annual rankings are identified by senior in-house counsel in large organizations, whom Acritas interviews for its global Sharplegal study.

As we all continue to adjust to the rapidly changing news around COVID-19, the health and safety of our employees, clients, and those in our broader community remain a priority. We are taking cues from public health officials about prudent steps to protect everyone, and effective March 18^th, 2020 lawyers and staff will be primarily working remotely until further notice. We are implementing our business continuity plan to ensure our people will remain safe while our clients continue to be well served. 

Please see our attached update regarding COVID-19 and what this means for our clients.

At Fogler, Rubinoff LLP the health, safety and wellbeing of our employees, clients, contacts, and colleagues is foremost in our minds as we continue to closely monitor the COVID-19 outbreak.

While we are currently maintaining business as usual operations, we are closely following the guidance of Toronto Public Health and will adjust protocols as the local authorities issue new guidance.

We understand the need for our firm to provide continuous and uninterrupted legal services, and want to take this opportunity to update you on the proactive steps we are taking to be prepared for the evolving situation with COVID-19. 

Should the outbreak result in our office closure, we have contingency plans in place that enable us to provide you with uninterrupted service. Our plan includes enhancements to our remote work capabilities and technology to ensure our accounting systems and data are available and secure. By modifying our operations and working remotely, our lawyers and staff will continue to be responsive to your legal and business needs.

In keeping with public heath guidelines, and to ensure the safety of all our employees, colleagues, clients and visitors in our offices, the firm has limited client meetings and moved to teleconferencing where appropriate. Policies on travel, office sanitation and health and safety have been enhanced and enforced, and we have adopted the following measures:

Clients and visitors should refrain from visiting our offices, if:

• They have traveled to any highly affected area or hot spot including but not limited to China, South Korea, Iran or Italy or have been in close contact with someone who has travelled to those areas at any time in the past 14 days; or
• They have any reason to believe that they might otherwise have been exposed to a confirmed case of COVID-19 in the past 14 days; or
• They are exhibiting any symptoms of infection (e.g. fever, dry cough, shortness of breath or other breathing difficulties).

Our lawyers and staff are working under the same guidelines.

We will continue to keep you informed of any changes we may implement as the situation progresses, with information provided via our website and e-mail updates.

Please do not hesitate to contact your Fogler, Rubinoff lawyer, or myself, if you have any questions, or if we can be of assistance in guiding you through these new challenges.

We wish everyone well as we collectively navigate this global health challenge.

Foglers is proud to announce that Karen Rosen has been included on the 2020 ReferToHer list of experienced female legal practitioners in Canada. We encourage members of the legal community to nominate other great female lawyers to ReferToHer. Learn more: https://refertoher.com/en/

Fogler, Rubinoff LLP partnered with Abuse Hurts and five other Bay Street law firms to hold a winter clothing drive to benefit Indigenous women who have been the victims of abuse. The clothing drive collective 68 bags which were donated to a Toronto First Nations youth centre, and will be distributed from there to their network of shelters and agencies who help Indigenous women.

Abuse Hurts is a charitable organization that aims to raise awareness about the true cost of abuse and supports organizations that help individuals whose lives have been impacted by abuse.

To learn more about Abuse Hurts or to make a monetary donation, please visit their website.

We are excited to have been recently named as a PCT Network Top 100 Member Firm of 2019. We are proud to be among the firms who exemplify excellence in the five core values of The Network: quality, integrity, transparency, professionalism, and community. 

On February 6, Samantha Green will be co-chairing the OBA Institute: Litigation in the Digital Age: A Guide to the Paperless Practice. Ron Davis will also be presenting at the program on the topic of “What You Need to Know in a Digital Practice.”

On January 8, US and Canadian legal specialists, together with business entrepreneurs and consultants, will discuss the impact and future of blockchain in business.  The panel will discuss the evolving legal landscape, and the exciting entrepreneurial opportunities presented by blockchain and digital currencies.

In the article, Stan discusses a recent Ontario report on the flooding that occurred this past fall and its impact on a lawsuit launched by the State of New York against the International Commission on the Great Lakes. 

Albert Engel shares his perspective with the Hamilton Spectator about the Chedoke Creek sewage spill in the article Sewage Disclosure Motion Hits Snag

Authored by Milton Davis, Ronald Davis and Elizabeth Armstrong and published in the 2019 Journal of Business Valuation.

We congratulate our Partner Nina Perfetto, on being selected as the recipient of this year’s CIBPA Business / Professional Excellence Award.

Dedicated to her clients and her community, Nina is a tireless advocate and deserving leader. We applaud her success!

This award honours an individual who demonstrates outstanding achievement in his or her profession, entrepreneurialism, innovation, philanthropy, community involvement or contribution to the arts. Nina was presented the award on Friday, October 4th at the 67th Annual CIBPA President’s Ball. 

People give up control of their estate administration when they fail to make a will, says Foglers wills & estates lawyer Mary Wahbi. Read her perspective in the Advocate Daily article: Dispelling the myth that creating a will is unnecessary

Bill Hearn quoted in The Globe and Mail about multi-pronged legal campaign for Jim Balsillie and the Center for Digital Rights aimed at holding Canada’s federal political parties accountable for breaking their data protection promises to Canadians and for violating Canadian laws on privacy, competition, elections, and anti-malware.

Changes in the last few years concerning trusts and the principal residence exemption have fundamentally altered the estate planning process, says wills & estates lawyer Mary Wahbi. Read her perspective in the article Residence Exception Rule Changes Impact Capital Gains Taxes. 

Euromoney's Expert Guides: Women in Business Law

Colleen Spring Zimmerman has been recognized by Euromoney's Expert Guides: Women in Business Law, 2019. Colleen is recognized as a leading practitioner in Trademarks. 

Since its inception in 1994, the Expert Guides series has provided in-house counsel in large corporations worldwide with access to pre-eminent legal practitioners in a variety of practice areas for the purpose of instruction on an international basis.

Congratulations, Colleen!

Fogler Rubinoff is pleased to announce that the following 19 lawyers were selected by their peers for inclusion in the 2020 edition of The Best Lawyers in Canada.

• Don Bourgeois – Gaming Law
• Steven Cygelfarb - Real Estate Law, Commercial Leasing Law
• Milton A. Davis - Legal Malpractice Law
• Albert Engel - Environmental Law
• Michael B. Fraleigh - Health Care Law, Medical Negligence
• Jeffrey B. Goldenberg - Real Estate Law
• Bill Hearn - Advertising and Marketing Law
• Eric N. Hoffstein – Trust and Estates
• Ian N. Kady - Real Estate Law
• Gary Kissack - Aboriginal Law
• Ross MacDougall – Construction Law
• Martin L. Middlestadt - Real Estate Law
• Kenneth W. Movat - Construction Law
• Young Park – Corporate and Commercial Litigation
• Karen Rosen - Energy Law
• John Rowinski – Aboriginal Law
• Howard Rubinoff – Banking and Finance Law
• Colleen Spring Zimmerman - Intellectual Property Law
• Mary Wahbi – Trusts and Estates

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

While summer is the perfect time to relax at the cottage, it may also be the ideal opportunity for families to start considering what will happen with that property once the parents who own it pass away, says Toronto wills and estates lawyer Mary Wahbi.  

In the article, "Discussing future of cottage can alleviate family disputes" Mary shares her perspective on how to plan for the family cottage succession.

IP Lawyer Colleen Spring Zimmerman, speaks with Cottage Life magazine about the trademark battle brewing between beer companies over a Muskoka chair logo.  Read about it here.

Congratulations to Bill on his appointment as Chair of the OBA Aboriginal Law Section Executive for 2019-2020. Bill was previously a member-at-large with the OBA Aboriginal Law Section Executive.

Wills & Estates Partner, Eric Hoffstein, will be a panelist on the Practical Advice for Serving Today’s Clients session at the STEP Canada National Conference.  The session  and multidisciplinary panel will offer practical tips for communicating effectively with older clients and their families. Topics include recognizing and dealing with incapacity and undue influence, defensive note-taking skills, understanding the concerns of the relatives of older clients, assisting a surviving spouse in managing the family assets, communicating effectively with older clients, and communicating with clients who refuse to listen to professional advice.

Introducing our fantastic 2019 Summer Students! We are thrilled to have Matthew Rutledge, Sahar Sayyad, Kristie Tsang, Sean Nouch, Aida Nabavi and Sabrina Alaimo join our team.

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We are pleased to announce that seven of our Partners have been named as leaders in their field in the 2019 Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory  is an annual ranking of Canadian lawyers in over 40 practice areas, based on peer review surveys plus personal interviews with senior members of the profession. Fogler Rubinoff lawyers profiled in this year's edition include:

• Steven A. Cygelfarb – Property Leasing;
• Michael B. Fraleigh – Medical Negligence;
• Bill Hearn – Advertising & Marketing Law;
• Eric Hoffstein – Estate & Tax Planning and Estate Litigation;
• Martin L. Middlestadt – Property Leasing;
• Kenneth W. Movat – Construction Law; and
• Matthew Norris – M&A, Lawyers to Watch.

Mary Wahbi tells Advocate Daily that family law counsel should consider a transfer of insurance ownership or an insurance trust when securing future support payments after a series of controversial decisions involving the proceeds from life insurance policies. 

Rick was featured in the Globe & Mail article: Federal Cannabis-ad Rules Have Been a Buzz-kill for Canadian Brands. According to Rick, "there are certain players who have taken a bit of an aggressive approach, waiting for regulators to come say something. It creates a non-level playing field when some are willing to take that approach and others aren’t." 

IP and Trademark lawyer Colleen Spring Zimmerman, shares with the CMA what to expect when the new trademark laws come into force this June. Scents, holograms, 3D objects and even texture can now be registered as part of your brand. Read about it in the Canadian Lawyer article: Canada’s impending trademark law changes to affect how IP lawyers protect fate of clients’ brands

According to Stan, the significance of the decision is that they’re prepared to consider proportionality as a factor in the application of section 12 under the Charter, and not under a statute. For more details, read the article: Quebec Court of Appeal decision broadens fundamental rights for legal persons. Can be viewed here: 

While electronic forms of wills may be common one day, there are a number of hurdles that have to be dealt with to get there, Toronto wills and estates lawyer Mary Wahbi tells AdvocateDaily.com. Click Here to Read the Article.

According to Wills & Estates Lawyer Mary Wahbi, the bottom line is that when a borrower dies, the mortgage on their property still binds their estate, and must be dealt with. The lender will, one way or the other, get repaid. Read her perspective in Advocate Daily.

In the final instalment of a two-part series, Toronto wills and estates lawyer Mary Wahbi discusses opposing rulings regarding the use of multiple wills. A recent Superior Court justice's ruling asserting the validity of multiple wills provides “a solid basis” to expect a contradictory decision will be overturned, Toronto wills and estates lawyer Mary Wahbi tells AdvocateDaily.com. Read the full article here.

Vote for Fogler Rubinoff LLP in Canadian Lawyer Magazine's annual Top Ontario Regional Law Firms survey. You can access the survey here.

Canadian Lawyer magazine has once again shortlisted Fogler Rubinoff LLP as one of the top Ontario Regional law firms and is currently conducting a survey to narrow the list down to the Top 10 Regional firms for 2019.

We wanted to make sure that our valued clients, colleagues, and friends were given the opportunity to have their say.

As always, we appreciate and value your continued support and confidence and wish you all the best in the new year.

Congratulations to Bill Hearn on being recognized among Canada’s leading Advertising & Marketing practitioners in the The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. The Guide profiles the “Most Frequently Recommended” lawyers across Canada in approximately 35 practice areas identified via an annual peer survey.

Mary Wahbi speaks with STEP Canada about the recent decision involving multiple wills and called into question the judge’s decision to treat the will as a trust: “A will is a testamentary document, and it can create a trust, but it is not one itself…Between them, the wills cover all the assets, so even if you have to treat them as a single document, they shouldn’t be ruled invalid.” Read the article: Superior Court Decision on Multiple Wills Raises Questions for Canadian Practitioners.

In part one of a two-part series, wills and estates lawyer Mary Wahbi discusses the fallout from a controversial decision concerning multiple wills in the article "Multiple Wills Decision Fallout: Why the Judge Got it Wrong"

Fogler Rubinoff congratulates Matthew Norris on being a recipient of the 2018 Lexpert Rising Stars: Leading Lawyers Under 40 Award. Matt received this prestigious recognition during the Lexpert Rising Stars Awards Gala on November 8th in Toronto.

This honour is given to lawyers under the age 40 who have 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 nominated by their peers as being at the top of their game in leadership, professional achievements, business acumen, adaptability, teamwork and interpersonal skills.

Matt is a Partner in the firm's Business Law Group. His practice focuses on assisting businesses on broad range of corporate, commercial and business matters, including domestic and cross-border mergers and acquisitions, private equity investments, financing transactions and corporate structuring and restructurings.

In addition to his transactional practice, Matt regularly advises a wide range of clients, from start-ups to institutional clients, on day to day corporate and commercial matters impacting their business.  Matt helps business owners with all aspects of their shareholder and partnership arrangements, including buy/sell arrangements and succession planning. Matt often works with entrepreneurial clients in helping them establish, grow, operate and organize their businesses.

Congratulations to Matt on this well-deserved distinction.  

Read Bill's perspective in the article "OPC understaffed as mandatory data breach reporting comes into effect" published by Canadian Lawyer.

Read the article "Tired from GDPR? Get ready — next is the ePrivacy Regulation" 

Rick Moscone co-led the Canadian Marketing Association's Working Group on Cannabis that produced the CMA Guide on Permitted Cannabis Marketing Activities. The Guide was recently featured in the Globe & Mail article: Marketing group releases guide as cannabis sector wrestles with new advertising rules. Click here to read about the Guide. 

Bill Hearn quoted in The Globe and Mail on Oct 17, 2018 regarding the likelihood of a Charter challenge of the strict prohibitions on promoting cannabis under the federal Cannabis Act. 

Eric Hoffstein will be presenting on Will Interpretation Issues for Solicitors at the LSO's flagship Estates and Trusts Summit. 

Bill Hearn, has been ranked in the 2019 edition of Chambers Canada as a leading lawyer in Advertising & Marketing law. Chambers' editorial highlighted the regulatory compliance aspects of Bill's practice and his thought leadership. Also, the firm was once again recognized as a highly regarded Corporate/Commercial Firm in Ontario in the 2019 edition.

Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2019 edition of The Best Lawyers in Canada.

• Jack D. Coop - Environmental Law
• Steven A. Cygelfarb - Real Estate Law
• Milton A. Davis - Legal Malpractice Law
• Albert Engel - Environmental Law
• Michael B. Fraleigh - Health Care Law
• Jeffrey B. Goldenberg - Real Estate Law
• William R. Hearn - Advertising and Marketing Law
• Ian N. Kady - Real Estate Law
• Gary Kissack - Aboriginal Law
• Martin L. Middlestadt - Real Estate Law
• Kenneth W. Movat - Construction Law
• Karen Rosen - Energy 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.

Leaving the family cottage for the next generation to enjoy often sounds like a wonderful idea to parents who want their children and grandchildren to continue making memories, but that’s not an approach wills and estates lawyer Mary Wahbi recommends lightly. Read her perspective here: The Perils of Bequeathing the Family Cottage. 

In her article Up Close and Personal, Sheryl describes the workplace climate during and following the initial foray of the #MeToo movement. Read her perspective here.

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"

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.

Congratulations to Rob Macdonald who has on his been appointed as Vice-Chair of the Commercial Litigation Practice Group with the Advocates' Society for the 2018-2019 term.

Congratulations to Kathryn Balter on her recent appointment to the 2018-2019 OBA Trusts & Estates Law Section Executive. 

Albert will continue to be the CPD Liaison for the 2018-2019 term and this will be his 5th year on the Environmental Law Section Executive.

Congratulations to Dan Hirsh on his recent appointment to the OBA’s 2018-2019 Business Law Section Executive as a Member-at-Large.

Congratulations to Samantha Green on her recent appointment to the OBA’s 2018-2019 Civil Litigation Section Executive as a Member-at-Large.

Bill Hearn has been elected to the Board of Directors of the Canadian Marketing Association. The CMA is the preeminent voice, advocate and advisor of the Canadian marketing profession. 

A long-established practice to use primary and secondary wills is running up against some turbulence in the courts, Fogler's wills and estates lawyer Mary Wahbi tells AdvocateDaily.com. Read her perspective here.

Alex Kolandjian and Josh Freeman led a roundtable at the Annual ICSC Legal Conference on the topic of Accepting Partial Payment by a Tenant on a Default. Steven Cygelfarb also led a roundtable “Tenant Checklist: Top Ten Items to Review in the Landlord’s Form of Offer”.

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.

Fogler Rubinoff is saddened to announce the passing of our friend and Partner Norman May.

Norman joined the firm on February 1, 1986, and was an active member of our Fogler Rubinoff family. Norman significantly enhanced the firm’s reputation, both within the profession and the community at large.  His wit, intelligence, warm demeanour and wisdom will be sadly missed by his many colleagues, clients and friends.  He was always the consummate gentleman and a scholarly lawyer who mentored and provided guidance to many lawyers and staff in our firm.

We send our condolences to his family at this very sad time.

 Sheryl Johnson discusses how addressing and responding to sexual misconduct in the workplace is complex and involves many facets.  Read her perspective "Balanced Response Key to Workplace Sexual Misconduct Allegations" in the Lawyer's Daily. 

Mary Wahbi talks about the life events that should trigger a review of your will. In this instalment, she explores changes in family life situations that should spur you to update your will. Read Part 2 "Triggers to Update your Will: Family Changes" of a three-part series featured in Advocate Daily.

Kathryn is Chair's this OBA Institute trusts & estates law program that will explore recent case law and statutory amendments, as well as essential practice management advice. Click here for more information and to register.

In the article “Keeping up with the influencers”, Bill discusses how regulators are paying more attention to the use of social media influencers in online advertising and marketing. According to Bill, “For a number of years, it was the Wild West.” However, that is no longer the case. “The rules are in place. There is no excuse not to disclose.”

Bill Hearn co-chairs the Advertising & Marketing law program at the Marriott Bloor Yorkville January 22-23, 2018.

Stan Berger is quoted in the Law Times article discussing rising legal concerns around flooding. According to Stan, “The major challenge when you’re a practitioner in this area is the co-ordination of various levels of authority.”

Justin Jakubiak is listed in the 2017 Lexpert US/Canada Cross-Border Guide – Litigation as a Litigation Lawyer to Watch

According to Jack, "while the court had the best intentions to do what is just, it may have inadvertently changed the factors or principles for such motions. As someone who litigates a lot of environmental civil actions, we do want to be assured that cost rules are being applied fairly and equally to all groups, including even meritorious environmental groups.” 

Jack recently authored an update on the Yaiguaje v. Chevron saga, and its importance  to environmental lawyers, particularly given the recent growth of interest by governments in encouraging corporate social responsibility by companies operating extractive industries on foreign soil.

Accroding to Jack, the minister's decision to skip environmental review is illegal because the ministry didn't consult the First Nations and overlooked "widespread public concern" generated by the plan, which the province has refused to share publicly.

Many high-net-worth Ontarians have two wills to avoid paying high probate fees, but there are pitfalls to the practice, Foglers wills and estates lawyer Mary Wahbi tells AdvocateDaily.com in the article Beware of Traps with Multiple Wills

Fogler Rubinoff is pleased to announce that Bill Hearn, is ranked in Chambers Canada  as a leading lawyer in Advertising & Marketing law. According to Chambers, Bill has substantial experience in advertising, and is commended for doing "phenomenal work." His practice focuses particularly on consumer protection and regulatory compliance.

To view the Chambers Canada rankings, please click here.

Jack Coop has been recognized as a Noted Practitioner by Chambers Canada in Environmental Law.

Fogler, Rubinoff is pleased to be recognized as a highly regarded Corporate/Commercial Firm in Ontario by Chambers Canada 2017.

To view the Chambers Canada Guide results, please click here.

The Rising Stars competition showcases Canadian lawyers that have an outstanding track record of success with complex transactions, contributed to their communities and profession and demonstrated leadership within their law departments.  Finalists were also selected for being team players, who demonstrated business acumen and adaptability to change.

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.                            

Justin Jakubiak has been recognized as a Certified Specialist in Civil Litigation. Justin is one of 285 litigators recognized by the LSUC with this designation. 

In the article, Mary discusses how the fill-in-the-blanks approach is not suited to estate planning. Read her perspective on AdvocateDaily.com

"Why Morneau wants to tighten rules on private companies: Experts say measures won't hit only the wealthy"

The 2017 eiditon of Who's Who Legal: Canada Recognizes Colleen Spring Zimmerman and Jack Coop as leading practitioners in Trademarks and Environmental Law, respectively. 

Congratulations to Alexa Peng on being elected to the OBA's Real Property Law Section and the Women Lawyers Forum executive committees.

In honour of Asian Heritage Month, FACL profiled 31 awesome lawyers in our community who are making inspirational contributions in and outside of the office.

Click here to Read Rebecca’s profile.

The 63^rd release of Stan Berger’s quarterly loose-leaf The Prosecution and Defence of Environmental Offences has been release by Thomson Reuters.The publication examines all aspects of environmental offences in Canada and draws on case law and directives from across the country, the U.S. and Europe, and key regulatory guidance documents used at both the provincial and federal levels.

Ashlee Froese shares her perspective with CTV News, The National and CBC Radio, about Luxury retailer Louis Vuitton going after the landlord of a Toronto-area flea market over the alleged sale of counterfeit goods on its property.

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.

Gary Kissack discusses the success of EDIP Sovereign Wealth Solutions — a roster of advisers working together to provide expertise to help First Nations communities achieve financial independence in the Canadian Lawyer InHouse  article "Building Future Wealth for First Nations"

Although the estate administration tax has some lawyers and their clients focusing on probate fee reduction strategies including the transfer of assets to a joint owner, this can have negative results, Toronto wills and estates lawyer Mary Wahbi discusses with The Advocate Daily. Read her perspective on how joint ownership to reduce probate fee can prove problematic.

The article profiles Ashlee’s fashion industry expertise and how as a lawyer, she helps educated and empower entrepreneurs to protect their most sacred asset: their creativity.

Stanley Berger shared his perspective with Law Times  in the article "Company Found Liable for Contamination" which discussed the recent Ontario Superior Court decision Huang v. Hillary's Limited. According to Stanley, the implications of the decision could be significant for compensation orders in prosecutions related to historic contaminations.

Although probate of a deceased's will isn't mandatory, it is often required by financial institutions and government agencies as judicial confirmation that the will is valid and that the executor is authorized to act in the estate. Read more of Mary Wahbi's perspective in the Lawyers Weekly article: Pitfalls of Reducing Probate Fees with Joint Ownership.

Fogler, Rubinoff  was proud to host the Ontario Chamber of Commerce's  International Women's Day Panel: Building a 21st Century Economy in Ontario  featuring Panelists: Joanna Griffits, Founder & CEO Knix Wear Inc., Dr. Linda Maxwell, Executive Director, Biomedical Zone, Ryerson University and Andrea Stairs, Managing Director, eBay Canada.  The discussion was Moderated by Fogler, Rubinoff Partner, Ashlee Froese.

Every year, Fogler, Rubinoff donates a portion of the money collected from Casual Fridays to the Toronto Kiwanis Boys and Girls Club for their holiday Adopt-a-Family program.  We are proud to support these charities who help to make a difference in our community.

Robert Saunders was profiled by Advocate Daily in an article titled: Business law the perfect fit for logical thinker Saunders

AdvocateDaily.com profiled Mary Whabi and her move to Fogler, Rubinoff. Click here to read the profile piece.

Ashlee Froese has been recognized in the 2017 edition of WTR 1000 – The World’s Leading Trademark Professionals  as a leading trademark lawyer in prosecutions and strategy. The World Trademark Review  is the only standalone publication to recommend individual practitioners and their firms exclusively in the trademark field, and identifies the leading players in 71 key jurisdictions globally. According to WTR, Ashlee Froese is “an excellent lawyer: she understands both the business and legal sides of trademarks, and is very commercially minded. She really knows her craft.”

Nina Perfetto and Bonnie Fish co-authored "All in the Family - Using the Oppression Remedy to Resolve Family Business Disputes" published in Carswell's Annual Review of Civil Litigation 2016.

Regularly cited by appellate courts across Canada including the Supreme Court of Canada, the Annual Review of Civil Litigation has been providing leading edge coverage of the issues that matter to you for more than 10 years.

Each article in the 2016 Edition is designed to help you understand how new developments in Canadian law will affect your practice. Topics were carefully chosen and written by authors from across Canada. The Annual Review of Civil Litigation 2016  has a truly national flavour, relevant and appealing to litigators in every province and territory.

David Levangie, winner of the 2016 University of Ottawa Outstanding Alumni Award, gave the address at the University of Ottawa's Remembrance Day Ceremony. According to David, “If we are truly going to make Remembrance Day meaningful, we also have to remember the soldiers who have come home and who are injured and need help and resources. We need to remember those soldiers who have committed suicide. They may not have died in battle but they are still casualties of the battlefield.”

Denis Chamberland has been recognized in the 2017 edition of The Legal 500  as a leading lawyer in procurement law.

The Legal 500  assesses the strengths of law firms and lawyers in 106 jurisdictions, on the basis of feedback from clients worldwide, submissions from law firms and interviews with leading private practice lawyers.

On November 8th, Fogler, Rubinoff lawyers once again gathered at The Law Society of Upper Canada to prepare and serve hot and healthy meals to those in need. The firm is a proud supporter of the Lawyers Feed the Hungry program. The event offered a chance for members of our firm to work together as a team and give back to the community in a way that is much needed.

The Lawyers Feed the Hungry program fights hunger year-round in Toronto, London, Ottawa and Windsor. The generosity of donors and the tireless support of volunteers, allows the organization to provide meals to the hungry and financial support to charitable agencies that help with hunger relief.

Fogler, Rubinoff Partner Ronald Snyder, represented Atomic Energy of Canada Ltd. in the case. To read the article and Ronald's perspective on what the consequences of this decision will mean for federally regulated employers, please click here, a go to page 8 in the digital edition.

Fogler, Rubinoff is pleased to be recognized as a highly regarded Corporate/Commercial Firm in Ontario by Chambers Canada 2017.

To view the Chambers Canada Guide results, please click here.

Fogler Rubinoff is pleased to announce that Bill Hearn, is ranked in Chambers Canada  as a leading lawyer in Advertising & Marketing law. According to Chambers,  Bill is regarded as a "quintessential advertising and marketing lawyer."

To view the Chambers Canada rankings, please click here.

Fogler Rubinoff Partner Bonnie Fish speaks with Law Times  about her involvement over the last six years with the Kehilla Residential Programme and their annual Sukkahville event. To read the aritlce click here.

During the week of September 19, Dunniel Medina was a member of the Toronto Stock Exchange’s capital markets delegation to Israel. The delegation met with venture capital funds, start-up and tech entrepreneurs, and other market professionals in Tel Aviv. On September 19, Dunniel presented at the TSX Capital Markets and Liquidity in North America Seminar in Tel Aviv.  Dunniel and other members of the Toronto Stock Exchange panel shared insights on capital raising and deal structure, unique attributes of the Toronto Stock Exchange, Canadian investor appetite and how to succeed post-IPO.

Justin Jakubiak is interviewed by LawPro Magazine on the topic of  limited scope representations. Click here to read the article: Limited Scope Representation: With the right safeguards, possibilities abound.

Fogler, Rubinoff partner David Levangie has been honoured with the University of Ottawa’s Faculty of Social Sciences’ Outstanding Alumni Award for his exceptional contributions to the community.

The Faculty of Social Sciences' Outstanding Alumni Award is presented annually in recognition of exceptional contributions to the community. The purpose of the award is to recognize Faculty alumni who have enhanced the reputation of their academic unit, of the Faculty and of the University through their outstanding career, public service, community service or academic achievements. The Faculty wishes to demonstrate the pride it has in its alumni all the while providing inspiration to other alumni as well as to current students.

Adam Szweras speaks with Canadian Lawyer Magazine about the opportunities the legalization of Marijuana will bring for investors and legal professionals.  To read the article “Marijuana Inc.” click here.

Congratulations to Fogler, Rubinoff Partner Justin Jakubiak for being selected as a Finalist in Lexpert’s Rising Stars – Leading Lawyers Under 40 competition. 

The Rising Stars competition showcases Canadian lawyers that have an outstanding track record of success with complex transactions, contributed to their communities and profession and demonstrated leadership within their law departments.  Finalists were also selected for being team players, who demonstrated business acumen and adaptability to change.

Myriah Graves and Yadira Flores were interviewed by Lexpert  Magazine in the article “Beyond Grades” which discusses how law firm are not just looking at transcripts when evaluating applicants – volunteer and previous work experience can also give you a leg up. Read the article here.

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.                            

Ashlee Froese speaks with CBC News on the topic of copyright infringement in the fashion industry and how she works with designers to educate them on the fundamentals of intellectual property law, including how to safeguard their products with copyright and trademark protection.  According to Ashlee "there's an onus on designers to understand how intellectual property can help them so they can then protect their greatest asset, which is their creativity."

Click here to read the articles:

Zara accused of stealing from indie artists, shoppers call for boycott

Montreal artist frustrated by fashion giants allegedly ripping off designs

Fogler Rubinoff Partner Ronald Snyder, shares his perspective with Canadian Lawyer  on the recent Supreme Court of Canada decision in Wilson v. Atomic Energy of Canada Ltd.

According to Ronald, who represented Atomic Energy of Canada Ltd., “This decision will undoubtedly be regarded by all federally regulated companies across Canada as a highly disappointing and disconcerting one”.

Ashlee was interviewed by CBC’s The National in a segment titled ”Lack of funding pulls plug on Toronto Fashion Week” and The Huffington Post also published her opinion piece “Government Support Could Have Saved Toronto Fashion Week”.

Read the coverage in “An Afternoon with Canadian Fashion and Branding Lawyer, Ashlee Froese".

Nina Perfetto and Albert Engel, successfully acted for Coco Paving Inc. in its defence before the Ontario Provincial Offences Court involving an Environmental Protection Act charge laid by the Ministry of Environment and Climate Change (MOECC) in response to a gas line that was struck by a CPI employee.

This was the first case in which an Ontario trial court has had the opportunity to consider a defendant’s evidence of due diligence in a MOECC  prosecution resulting from a gas line strike.   Read our perspective on the matter and what it means for contractors involved with excavations in the vicinity of underground utilities.

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.

 Fogler Rubinoff Partners, Ian Katchin and Martin Kaplan, were successful before the Ontario Superior Court with respect to defeating an Easement By Prescription and related relief claims on behalf of a development client.

Business Law Partner, Matthew Norris speaks with PROFIT BusinessCast about the legal matters start-ups need to consider to safeguard their assets and be successful down the road.

Click here to listen to the podcast titled Six Legal Matters You Should Tackle at Start-up. (iTunes is required to listen to the audio)

We are pleased to welcome our second year summer law students, Michael J. Coleman, Karen Ho, Taleen Ohanessian, Liza Quail, Tamar Silverbrook and Amanda J. Stevens. 

Dunniel Medina, a Partner with the firm’s Capital Markets & Securities law practice, is part of the delegation travelling to Israel and the West Bank this week with Premier Kathleen Wynne.

The focus of the business mission and delegation, comprised of government officials as well as approximately 130 business, academic and research representatives, will be establishing Ontario as a top innovation and knowledge economy partner and investment destination for businesses.

Business Law Associate Ryan Hayes presented the winner of the 2016 Blueprint competition, Daniel Bordenave of B.I.S.E.P., with the Foglers Legal Start-up Package, an in-kind legal package valued at over $5000.

https://brocku.ca/brock-news/2016/04/b-i-s-e-p-wins-blueprint-competition/

We are pleased to welcome Lawrence D. Adelberg to Fogler, Rubinoff.  Lawrence will be joining our corporate department to continue his broad commercial practice in corporate, real estate and leasing. 

On 19 January 2016, Ronald M. Snyder, Partner, argued before the Supreme Court of Canada that Federally regulated non-unionized employees can be dismissed without cause.  This follows on the heels of Ronald’s success before the Federal Court of Appeal in 2015 where he overturned nearly 40 years of arbitral jurisprudence that held that such employees could only be dismissed for “just cause”.   Please review “1 of 5 most important cases to be heard by SCC in 2016” and “SCC could topple landmark decisions on without cause dismissals” for further details. 

We are pleased to announce Michael S. Slan has been appointed Managing Partner effective January 1, 2016.

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

• Charles W. Skipper, 2015 Legal Trends and Developments: What Corporate Counsel Need to Know to be On the Cutting Edge
• Kenneth W. Movat, Insolvency Law for Uncertain Economic Time
• Colleen Spring Zimmerman, Protecting Intellectual Property in Commercial Contracting

Program - Bill Hearn, Co-Chair

Scott R. Venton co-presented at the Ontario Craft Brewers Conference and Suppliers Marketplace 2015 on October 22, 2015 at the Allstream Centre in Toronto on the topic of The Brewery Dragon’s Den: Start up/Operational Dos & Do Nots.

Ashlee Froese is quoted in The Huffington Post Canada on December 1, 2015 on business considerations in the fashion industry. Click here to read the full article.   

Presentation by Bill Hearn

Presentation by Bill Hearn

Program - Bill Hearn, Keynote Speaker

Presentation by Bill Hearn

Program - Bill Hearn, Speaker

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.

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 Rudy's presentation.

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 Andrea's presentation.

Author, Bill Hearn

Author, Bill Hearn

We are pleased to welcome Bill Hearn to Fogler, Rubinoff.  Bill will add his expertise in corporate and commercial law and regulatory law to our Business Law Department.

Fogler Rubinoff LLP is proud to be co-hosting the upcoming Canadian PCT Roundtable being held on October 26 and 27, 2015, in Gatineau, Quebec. The Roundtable provides a forum for exchange of ideas to improve and facilitate the PCT process, with full participation from representatives of WIPO, CIPO, EPO and the USPTO.  Our own Maxine Adams will be representing our firm as a participant and as part of the steering committee.

Fogler, Rubinoff is pleased to once again be named as one of the top 10 Ontario Regional firms by Canadian Lawyer for 2015-2016.

We congratulate Andrea Marsland on her two-year appointment to the Editorial Board of JUST magazine.

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

We congratulate Norman May on his appointment to the Board of Directors of CBC/Radio-Canada. To learn more about Norman and his appointment, follow the link below:

http://www.cbc.radio-canada.ca/en/explore/board-of-directors/norman-may/

Colleen Spring Zimmerman was interviewed and quoted in this article about changing attitudes towards protecting intellectual property.

Read it here: http://www.theepochtimes.com/n3/1717362-change-in-attitude-critical-for-protecting-intellectual-property/

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

Ronald Snyder's successful appeal ruling in Wilson v. Atomic Energy of Canada Limited was highlighted in Canada News Wire - "Employees Do Not Have a Right to a Job says Federal Court of Appeal", February 26, 2015. Please click on the link to read more: http://www.newswire.ca/en/releases/archive/February2015/26/c5700.html

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".

We are pleased to welcome Milton Davis, Robert MacDonald and Samantha Green to our Litigation Department.

Cathryn Sawicki appears as a guest panelist on Rogers TV's 'Toronto Speaks: Legal Advice' (hosted by Natalka Falconer) to discuss immigration law.

Time: June 9, 2014 at 9:00pm.
How to watch: Channels 10 & 63

Like the 'Toronto Speaks' Facebook page to learn more!

On May 23, 2014, in Suncor Energy Products v. Town of Plympton-Wyoming, 2014 ONSC 2934 (“Suncor”), Ontario’s Superior Court of Justice confirmed that the provisions of any municipal by-law that purport to prohibit the construction and operation of wind turbines at provincially approved locations will be of no force and effect, and cannot interfere with the issuance of building permits for such turbines.

This decision should provide renewable energy developers with added certainty that provincially approved renewable energy projects may be constructed despite municipal by-laws to the contrary.

Albert Engel and Yadira Flores acted for Suncor in this matter.

We are pleased to welcome Greg Azeff to our Insolvency & Restructuring Group to continue his busy practice.

We are pleased to welcome Noah Schein to our Corporate Department.

We are pleased to welcome Young Park to Fogler, Rubinoff's Litigation Department to continue his diverse commercial litigation practice.

We are pleased to welcome Rebecca to our Litigation Department to carry on her diverse practice in commercial litigation with clients in both Canada and China. 

We are pleased to welcome Howard who has joined our Securities Department to continue his practice in corporate finance and mergers and acquisitions. 

We are pleased to welcome Brent to our Litigation Department to continue his practice which includes particular emphasis on corporate governance issues, shareholder rights, cross border litigation, jurisdictional issues and complex commercial disputes.

Joshua Freeman and Martine Garland (Student-at-Law) were featured in the February 2014 edition of 'The Transportation Lawyer', a joint publication of Transportation Lawyers Association and Canadian Transport Lawyers Association.

Download

Sheryl Johnson appears as a guest panelist on Roger TV's 'Toronto Speaks: Legal Advice' (hosted by Natalka Falconer) to discuss the area of employment and labour law.

Time: September 16, 2013 at 9:00pm.
How to watch: Channels 10 & 63

Like the 'Toronto Speaks' Facebook page to learn more!

We are proud to announce Fogler, Rubinoff LLP has been named one of the top 10 law firms in Ontario. Click on the link below to read more:

Read the International Lawyers Network's profile of one of our Partners, Blair Bowen.

ILN-terviews: Blair Bowen, Fogler, Rubinoff LLP

See Ronald Snyder's comments regarding the impact of a recent Federal Court ruling on Crown corporation employees in The Lawyers Weekly article "Court makes 'game-changing' decision on employees" written by Christopher Guly.

See Details.

David Tsubouchi joins Steve Paikin on TVO's "The Agenda" to discuss the struggles his parents faced in Canada as they were interned during the Second World War. He details his family's history and his own political history in his new memoir: "Gambatte: Generations of Perseverance and Politics."

The interview airs on Monday, July 29th.

Tammy Anklewicz is the recipient of the Jewish Foundation of Greater Toronto's 2013 PAC Award of Excellence.

David Tsubouchi will be making an appearance on CTV News Channel's "PM Express" on  Friday May 31st to discuss the release of his book, Gambatte: Generations of Perserverance and Politics.

David Tsubouchi is making an appearance on Ontario Today (CBC Radio) with host Kathleen Petty to talk about the current state of the political landscape in Ontario, as well as his book, Gambatte: Generations of Perserverance and Politics. 

May 2013 edition of Lexpert "Big Deals" names Ottawa Sports and Entertainment Group and City of Ottawa Partnership to Redevelop Lansdowne Park. Fogler, Rubinoff LLP represented OSEG on certain matters (including the acquisition of the Ottawa 67's, dealings with the Canadian Football League and the Ontario Hockey League and other matters relating to the sports teams) with a corporate/commercial/tax team led by Bill Berger including Peter Guselle, Pinar Ozyetis, Matt Norris and Michael Orfus and a real estate/leasing team led by Jeffrey Goldenberg including Michael Wolfish and Steven Cygelfarb.

Read about the launch of Fogler, Rubinoff's innovative new website   

See Grant Sawiak's comments regarding additional disclosure requirements imposed on junior companies in the Financial Post article "Corporate governance only for firms that can afford it?" written by Barry Critchley

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Grant Sawiak , Partner, discusses his concerns about corporate governance in the junior mining sector in a Financial Post article written by Barry Critchley entitled "Mining industry veteran decries Canada's corporate governance practices"

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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.

Ontario Justice Education Network (OJEN) just celebrated its 10th Anniversary. It is an organization dedicated to promoting understanding, education, and dialogue to support a responsive and inclusive justice system. It does so through the development and delivery of public legal education information and programs to students and others. A video was created as part of OJEN's celebration. Amongst the speakers on the video is Fogler, Rubinoff's Michael Donsky .

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Denis Chamberland has been recognized in the 2018 edition of The Legal 500  as a leading lawyer in public procurement law.

The Legal 500  assesses the strengths of law firms and lawyers in 106 jurisdictions, on the basis of feedback from clients worldwide, submissions from law firms and interviews with leading private practice lawyers.