At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

General

2021

SEPTEMBER 03

The Pandemic Pivot: Adaptability in the Face of Uncertainty

The COVID-19 pandemic and resulting economic uncertainty caused many organizations to reassess their business models and react quickly to a rapidly changing situation. Despite these challenges, we had the opportunity to support many of our clients as they adapted, innovated and even expanded their operations. In this series of interviews, we hope to highlight the adaptability and resilience of a few selected clients who have made some remarkable and swift changes over the
course of the pandemic.

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SEPTEMBER 02

The Acceleration of Digital Learning: A Q&A With Ian Schnoor, President & Founder of The Marquee Group

While the pandemic forced many organizations to fundamentally rethink their offerings to survive, others were able to adapt, and even expand despite the challenges posed by the past year. We sat down with Ian Schnoor, President & Founder of The Marquee Group, Canada’s leading provider of financial modeling training and consulting, to learn about how COVID-19 forced them to pivot their successful in-person financial modeling courses online – in turn making it available and on demand to a global audience.

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SEPTEMBER 02

Connecting People Through Play: A Q&A With Kristi Herold, Founder/CEO of JAM (powered by Sport & Social Group)

As small businesses across Canada continue to be impacted by unexpected challenges presented by the COVID-19 pandemic, we reached out to Kristi Herold, founder and CEO of Sport & Social Group, now rebranded as JAM, powered by Sport & Social Group, to understand how her business has been uniquely impacted by COVID-19. In our short
interview with Kristi, we learned about the dire early impact of COVID-19 and the organization’s lateral extension of its existing capabilities as a recreational sports league. Their successful pivot from in-person to online allowed them to engage with existing customers and find new ones.

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JULY 13

Extension of the Canada Emergency Rent Subsidy and Related Moratorium

A summary of CERS and the current moratorium is contained in the attached article.

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JUNE 16

Published in JUST: Forging Your Own Path: Alternative Routes to Big Law

Featured in the OBA's JUST Magazine:

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APRIL 16

Forging Your Own Path: Alternative Routes to Big Law

MARCH 23

Gavel game: Small but real differences between Canadian, U.S. legal systems

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.

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MARCH 21

Six-Minute Commercial Leasing Lawyer: Force Majeure and COVID-19 (Durham Barns case)

In the Durham Sports Barn Inc. Bankruptcy Proposal, an Ontario court considered for the first time the application of a force majeure clause (and to a lesser extent, a quiet enjoyment clause) in a commercial lease in the context of the COVID-19 pandemic. 


Paper presented at the Law Society of Ontario's Six-Minute Commercial Leasing Lawyer Program .

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MARCH 08

Forward with Foglers: Trends and Ideas

We are pleased to introduce Forward with Foglers: Trends and Ideas, a new quarterly publication designed to share our perspectives and insights around matters that are important to our clients both inside and outside the boardroom.  In honour of International Women's Day 2021 and the theme of Choose to Challenge, our first issue is focused on promoting discussions around gender.

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MARCH 08

Is it Time to Adjust Your Gender Lens?

In Ontario, the Human Rights Code (the "Code") prohibits discrimination on a number of grounds including sex, family status, gender identity, and gender expression. Despite these protections, we live in a world where global headlines still include "Transgender America: 30 Killed and Fatally Shot Already in 2020", "Teacher Fired over Transgender Pronoun Fight Files Suit", "Man arrested for allegedly spitting on transgender woman in subway", and "Activist who raised awareness for transphobia murdered in Toronto". These articles discussed, respectively, (i) how 2020 was the most violent year for transgender people in America over five years, (ii) the firing of a teacher who refused to use a transgender student's preferred pronoun, (iii) the story of a trans woman who was spit on, hit, and called transphobic slurs on the subway in New York City, and (iv) the murder of a trans activist in Toronto. These stories were all published between October, 2019 and October, 2020. Otherwise said, this is not "old news".

 

 

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MARCH 08

Celebrating International Women's Day

Last year, Foglers' FR Women's Network celebrated International Women's Day with guest speaker Connie Walker, an award-winning Cree investigative journalist who is leading the dialogue on Indigenous women's rights in Canada. At the event Connie described her career trajectory as a journalist at CBC; the influence of the Truth and Reconciliation Commission's report; how the coverage and reporting on Indigenous issues has evolved in the media; and the rise of social media and the platform it has provided.

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MARCH 08

Retention of Women in Law - An Opportunity for Fogler Rubinoff LLP

In the "Before Times" in 2020, I attended the Women in Law Summit, hosted by Canadian Lawyer magazine. The purpose of the conference was to focus on practical strategies that law firm leaders can employ to help attract and retain female lawyers. My biggest take away from the conference is that law firms and law firm leaders want to support women in law but there are still lots of questions, with no simple answers, about how to make this happen.

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FEBRUARY 22

Our Commitment in 2021

Our Managing Partner Michael Slan reflects on 2020 and reaffirms our commitment to our clients with a message that instils a sense of optimism as we all work together to chart a path forward.

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FEBRUARY 01

A New (and Needed) Cyber-Tort Emerges: Harassment in Internet Communications Caplan v. Atas, 2021 ONSC 670

Recently, Justice David Corbett of the Ontario Superior Court of Justice made a significant contribution to the evolution of cyber-remedies by recognizing the tort of harassment in internet communications in Caplan v. Atas, 2021 ONSC 670. The 65-page decision is remarkable in many ways, so much so that the story is the subject of a lengthy New York Times article. The focus of this article is the litigation significance of this landmark decision.

This article was published in the February 2021 Issue of the Toronto Law Journal.

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JANUARY 19

Weekday Update: Moratoriums on Evictions and Distraint Proceedings Against Commercial Tenants

In a bid to assist commercial tenants, there are currently two moratoria in place on the exercise of eviction and distress rights against commercial tenants, one which relates to the now defunct Canada Emergency Commercial Rent Assistance ("CECRA") program and the other which is tied to the Canada Emergency Rent Subsidy ("CERS") program.

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2020

NOVEMBER 12

Come See The Many Sides of "CERS": New Targeted Government Support Program to Help Businesses Through the Pandemic

On November 2, 2020, the Government of Canada introduced Bill C-9, which sets out details of the new rent support program called the Canada Emergency Rent Subsidy ("CERS"), which was previously announced on October 9, 2020. Bill C-9 would serve to amend the Income Tax Act (Canada). As of the date of this article, the legislation has yet to receive royal assent and remains subject to change.

The new rent subsidy provides support to qualifying businesses, charities, and non-profits that have suffered a revenue drop as a result of the COVID-19 pandemic. CERS effectively replaces the Canada Emergency Commercial Rent Assistance ("CECRA") program and provides more flexibility and accessibility to both commercial tenants and property owners.

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OCTOBER 02

A Primer on CRA’s Collection Powers and its Effect on Secured and Unsecured Creditors

The Canada Revenue Agency (“CRA”) has several collection powers under the Income Tax Act(“ITA”) and the Excise Tax Act (“ETA”) to ensure the remittance of taxes. When taxes are not remitted, the CRA has an arsenal of collection tools including the deemed trust, garnishment, and certification of tax debts with the Federal Court to obtain a judgment. These remedies have different impacts on secured creditors and unsecured (judgment) creditors. They are also treated differently in a bankruptcy situation, with some of the remedies maintaining Crown priority and others losing priority status. It is important to understand the distinctions between the collection mechanisms and how they operate under the ITA and the ETA in order to advise secured and unsecured creditors or lenders working with individuals who have a tax debt. This article examines each of the collection mechanisms and attempts to clarify the distinctions between them.

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JUNE 18

ILN Bankruptcy, Insolvency & Rehabilitation Proceedings Guide - Canada Chapter

MAY 21

Doing Business in Canada - 2020 Edition

This comprehensive guide provides an overview of the legal framework governing Canadian business operations and outlines key considerations for investing and conducting business in Canada. Find up-to-date information on the following topics:

  • Types of Business Organizations
  • Directors' Liabilities
  • Foreign Investment and Anti-Competition Legislation
  • Bankruptcy and Insolvency
  • Securities Regulation
  • Sales and Transfer Taxes
  • Income Taxes
  • Customs and Excise Duties
  • Intellectual Property
  • Investment Incentives
  • Immigration Restrictions for Non-Canadians
  • Employment Law
  • Environmental Law
  • Electronic Commerce
  • The French Language Requirements in the Province of Quebec
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MAY 20

Canada Emergency Commercial Rent Assistance Update: Relief is Almost Here, But Will Everyone Play Ball?

APRIL 28

Canada Emergency Commercial Rent Assistance: Relief Is On The Way, But The Devil May Be In The Details

While tenants attempt to negotiate relief from their lease obligations, landlords are concerned with the absence of relief from mortgage or realty tax payments, creating a clear tug-of-war between these parties during an increasingly difficult time.

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MARCH 19

COVID-19 Insurance Considerations: Is My Business Covered?

COVID-19 Insurance Considerations: Is My Business Covered? A question we are repeatedly hearing from clients is whether they have insurance coverage for business interruption and related losses as a result of COVID-19. Justin Jakubiak has outlined what you need to consider when reviewing potential insurance coverage. 

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MARCH 19

COVID-19 Travel Restrictions

An update regarding travel restrictions based recent COVID-19 announcements by the Federal Government. 

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MARCH 17

An Update From Fogler Rubinoff Regarding COVID-19

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 18th, 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.

 

 

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MARCH 13

Our Role and Responsibility to Clients as we Navigate Through COVID-19

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.

Michael Slan
Managing Partner, Fogler, Rubinoff LLP

 

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FEBRUARY 14

A life transformed, black awareness heightened

A feature article in the Queen's Law Reports  on Michael Coleman, Law' 17 and co-founder of the Black Law Students' Association of Canada - Queen's Chapter.

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FEBRUARY 13

Six-Minute Commercial Leasing Lawyer: I Can’t Hear Myself Think! (Part 2)

I Can’t Hear Myself Think! (Part 2): My Landlord is Undergoing Renovation/Construction:
What are Potential Tenant Rights and Remedies?

Paper presented at the Law Society of Ontario's Six-Minute Commercial Leasing Lawyer Program .

 

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2019

DECEMBER 12

Amendments to Canadian Insolvency Statutes: BIA and CCAA

The Bankruptcy and Insolvency Act (Canada) ("BIA") and the Companies' Creditors Arrangement Act (Canada) ("CCAA") comprise the statutory framework for individual and corporate insolvencies, restructuring, and bankruptcies in Canada. On November 1, 2019, the BIA and CCAA (the "Acts") were both amended to achieve better accountability and transparency in insolvency proceedings...

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JUNE 21

The Theory and Practical Aspects of Discount Rates for Quantifying Losses

The Theory and Practical Aspects of Discount Rates for Quantifying Losses, authored by  Milton DavisRon Davis and with the assistance of Beth Armstong, was presented at the Chartered Business Valuator Institute’s  2019 National Business Valuation Congress in Montreal.

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MAY 07

"Good Working Order" - What Does This Mean in the Context of a Commercial Real Estate Agreement of Purchase and Sale?

Including certain representations and warranties in commercial real estate agreements of purchase and sale is commonplace.  Although in a hot market, the nature and extent of such representation and warranties become more and more limited. 

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MARCH 19

Speaker: ICSC Legal Conference

Alex Kolandjian led a roundtable discussion at the ICSC Legal Conference.

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FEBRUARY 05

The Tides have Turned with Redwater: Provincial Environmental Obligations have Priority Over Secured Creditors in a Bankruptcy

In the much anticipated decision, Orphan Well Association et al. v. Grant Thornton Limited et al., (Redwater), the Supreme Court of Canada (SCC) held that a bankrupt estate is required to comply with environmental obligations imposed by a provincial regulator before distributing assets to secured or unsecured creditors...

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2018

JULY 03

Upcoming Changes to the Construction Lien Act

The construction industry should be alive to the imminent changes to the laws that affect them...

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MAY 09

Ontario’s Standard Form of Residential Lease

As of April 30, 2018, residential tenancies in Ontario that are subject to the Residential Tenancies Act, 2006 (i.e., most apartment, condominium, house and secondary unit tenancies, among others), must use a new standard form of residential lease...

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2017

JUNE 06

Ontario Bill 59: New Consumer Lender Regulations

The government of Ontario passed Bill 59, Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 (the Bill) on April 10, 2017 which amended several acts including the Consumer Protection Act (Ontario), the Collection and Debt Settlement Services Act and the Payday Loans Act. Bill 59 also enacts the Home Inspection Act, 2017, which requires home inspectors to be licensed, among other matters...

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APRIL 26

High Time To Enter The Cannabis Industry: Canadian Federal Government Introduces Legislation To Legalize Recreational Cannabis

On April 13, 2017, the federal government introduced the highly anticipated Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the "Act")...

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APRIL 21

Honsberger's Bankruptcy in Canada, Fifth Edition

Vern DaRe, is the co-author of Honsberger's Bankruptcy in Canada. The 5th Edition offers a concise, comprehensive description of bankruptcy in general, and the distinctive features of the Canadian system in particular. Not just the law, but also the basis of the law:

  • Coverage of both national and international dimensions of bankruptcy law
  • Reference to the jurisprudence of other countries as it relates to Canada
  • An authoritative explanation of history, constitutional law, comparative law, statutory construction and interpretation
  • Precise directions regarding practice and procedure

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2016

SEPTEMBER 20

In Search of a Voluntary Disclosures Program

In Search of a Voluntary Disclosures Program, authored by Harris Rosen and Karen HO was published by The Voice, the magazine of the Career Colleges of Ontario Association. The Article appears on page 19.

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SEPTEMBER 15

Craft Cannabis or Big Cannabis: How Will the Eventual Business Model Shape Investment in this Evolving Industry

Presentation: Craft Cannabis or Big Cannabis: How Will the Eventual Business Model Shape Investment in this Evolving Industry?, September 2016 Canadian Cannabis Business Conference

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SEPTEMBER 08

Michael Slan co-authors the Canada chapter in Establishing a Business Entity: An International Guide.

This collaborative electronic guide, produced by the International Lawyers Network (ILN), offers a summary of key corporate law principles in 22 countries across the globe, serving as a quick, practical reference for those establishing an entity in these jurisdictions.

To read the guide, please click here: Establishing a Business Entity: An International Guide.

 

Reproduced with permission by the International Lawyers Network

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MARCH 17

8 Tips for Building a Successful Alternative Fee Arrangement

Alternative Fee Arrangement (AFA) has become a buzzword in the legal community, and lawyers should expect clients to ask to enter into an AFA. Prepare yourself with these eight important tips for building an AFA.

http://www.oba.org/JUST/Archives_List/2016/March-2016/8-Tips-for-Building-a-Successful-Alternative-Fee-A

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2012

NOVEMBER 01

From the Schoolyard to Cyberspace: The Supreme Court of Canada Recognizes the Importance of Privacy for Victims of Cyber-bullying

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2009

OCTOBER 01

Carrier Remedies When Load Brokers Go Broke

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