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More than a law firm – that’s the
Foglers Advantage.
Scotia Plaza
40 King Street West, Suite 2400
P.O. Box #215
Toronto, ON M5H 3Y2
2025 Fogler, Rubinoff LLP
As a health professional, you accept a degree of risk exposure but, to the greatest possible extent, take prudent measures to mitigate that risk. Despite that fact, at some stage of your career you may encounter civil action, in which case you will appreciate the extensive experience of our Health Law group. Members of our group have experience in the defence of civil actions against health care practitioners including negligence and other related claims.
We also accept retainers from insurers that may be providing coverage in the event of actions of this nature.
If you are planning to have a child through an assisted reproductive procedure or will either be using a Surrogate, sperm or egg donor or have been asked to assist in one of these ways, our Health Law group provides advice on all aspects of reproductive technologies. Our services include:
- advice on assisted reproduction laws and their implications
- drafting assisted reproduction agreements that meet individual needs, including egg and sperm donor contracts and surrogacy (gestational carrier) agreements
- explaining rights and obligations under assisted reproduction agreements
- answering questions and addressing concerns throughout the reproduction process
The purchase or sale of assets in insolvency situations poses some unique challenges to parties involved. We have a broad range of experience to meet these challenges, including:
- acting for trustees in bankruptcy in asset sales
- acting for private receivers and court-appointed receivers in the sale of assets
- acting for debtors selling assets under the proposal provisions of the BIA
- acting for purchasers acquiring assets in bankruptcy, proposal, receivership or CCAA proceedings
- obtaining Bulk Sales Act exemptions for bulk sales
- selling or purchasing assets under the PPSA
Whether representing the creditor or the debtor, the situation is often urgent and requires timely action. The creditor may need to take immediate enforcement steps against the debtor to collect an outstanding debt whereas the debtor may have to counter those steps by quick action. We have acted on both sides of such conflicts. In particular, we regularly represent the following:
- banks, other financial institutions, and other creditors enforcing their security under the Bank Act, BIA, PPSA and Mortgages Act and pursuant to the terms of debt instruments granted by the debtor.
- private receivers and court-appointed receivers in receivership proceedings
- debtors seeking protection or restructuring under the BIA proposal provisions or CCAA
When restructuring under the BIA or CCAA or in receiverships, a debtor will often require interim financing. As a result of the last round of bankruptcy reforms, there are now statutory provisions under the BIA and CCAA allowing for DIP financing and DIP charges to be obtained by the debtor during the course of any such proceedings. In this regard, we have acted for the following:
- DIP lenders in BIA Proposal, receivership and CCAA proceedings
- debtors obtaining DIP financing in receiverships and BIA proposal proceedings
- proposal trustees in support of the DIP financing and charge in proposal proceedings
- secured creditors obtaining a “carve-out” from the DIP charge in BIA Proposal and CCAA proceedings
All employers are required to provide a safe work environment and promote the safety of their employees and, where applicable, must have statutory insurance in place. We provide practical and strategic advice to our clients with respect to workplace safety issues, including:
- applying the legislation
- meeting statutory obligations
- navigating the claims process
- navigating the labour market re-entry process
- providing representation before the applicable administrative tribunal
All employers are required to provide a healthy and safe workplace. We provide practical and strategic advice to our clients with respect to health and safety issues, including:
- compliance with health and safety legislation drafting health and safety policies drafting workplace violence prevention policies
- drafting workplace harassment policies
- training workers on issues of workplace violence and harassment as required under Bill 168
- advising employers about the minimum legal standards and duties of employers, managers, supervisors and employees
- representing employers before regulatory authorities when there is a workplace accident or illness
- defending against orders or penal offences
We provide practical and strategic advice to our employer clients on a broad range of labour-related issues, including:
- applications for certification
- best practices to avoid applications for certification
- negotiating and interpreting collective agreements
- responding to and/or commencing unfair labour practice complaints
- collective bargaining and interest arbitration
- advising on bad faith bargaining complaints
- advising on de-certification applications
- strikes, lockouts, injunctions, picketing
- successor employer applications management training
- offering strategic advice during grievance process
- judicial review applications
- representing our clients before Provincial and Federal labour relations boards and arbitrators
We provide practical and strategic advice to our clients with respect to human rights issues, including:
- harassment
- discrimination
- accommodation
- workplace investigations
- drafting and implementing anti-harassment policies
- drafting and implementing anti-discrimination policies
- drafting and implementing accommodation policies
- representing our clients before the Ontario Human Rights Tribunal, the Canadian Human Rights Commission and the Canadian Human Rights Tribunal
We advise our clients on a wide range of private equity and venture capital transactions, drawing on the expertise of our finance, corporate, tax, intellectual property and securities teams. We act for investors and investees in financing transactions, and buyers and sellers in exit transactions. Our clients include debt and equity funds, angel investors and high net worth individuals, as well as investees that range from start-up companies to well-established businesses. We provide practical and strategic advice on all aspects of private equity arrangements, including:
- fund formation and capital raising
- structuring debt and equity investment transactions
- shareholder/investor and management team arrangements
- IP structures and protections
- follow-on financings
- liquidity events, including IPOs and M&A transactions
- financial restructurings
- shareholder and investor disputes
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