Our team provides forward-thinking and practical legal solutions to companies producing or using leading-edge technologies to transform and grow their businesses.
Representing businesses from start-ups to multinationals, we regularly advises technology, telecommunications, internet, e-commerce, and electronic media companies on a broad spectrum of business transactions and other legal and regulatory issues.
Our Technology Law practice provides a full range of legal services to a wide variety of clients, from technology start-up operations and research companies to multinational technology companies with complex commercial and technology-based requirements, and to clients involved in mergers and acquisitions and financings involving information technology (IT), emerging technology, clean tech, biotechnology and life science matters.
Our Technology Law practice is part of a broader spectrum of lawyers with experience in securities, corporate/commercial, administrative and regulatory, environmental and energy, and intellectual property law and in financial services, mergers and acquisitions and corporate finance practice areas.
We give practical advice to assist clients with many different IT business issues including:
commercialization of high technology products and services and related businesses, including assisting with early stage angel and venture capital financing and private equity and initial public offering opportunities
software and technology development, joint venture, distribution and licensing arrangements, and mergers and acquisition of technology companies, businesses and/or assets
outsourcing and cloud computing transactions and arrangements
internet and website development and hosting arrangements and e-commerce agreements and documents
protection, management and commercial exploitation of intellectual property
privacy compliance and data management and protection issues
resolving IT disputes
Having advised on a wide wide range of information technology (IT) transactions, our team readily understand our clients’ business issues and requirements and provide timely and relevant legal advice.
Our employment and labour lawyers provide advice on all aspects of the employment relationship and on labour law issues, including wrongful dismissal, employment standards, collective agreements, collective bargaining, human rights, occupational health and safety compliance and workers compensation.
We have extensive experience in civil litigation and labour and arbitration proceedings. We regularly appear before the Superior Court of Justice, the Divisional Court, the Court of Appeal, the Human Rights Tribunal of Ontario and the Ontario Labour Relations Board.
We provide practical and strategic advice on a broad range of employment-related issues, including:
wrongful dismissal actions
employment standards
workplace training
workplace investigations
drafting and negotiating employment agreements
drafting and negotiating independent contractor agreements
drafting restrictive covenants such as non-competition, non-solicitation and confidentiality agreements
drafting and implementing workplace policies and workplace policy manuals
commencing injunctive proceedings and responding to injunctive proceedings advising on privacy issues
assisting in corporate reorganizations
advising on terminations of employment
litigating all matters related to employment law.
Education law covers the laws and regulations that govern the delivery of education in Canada, including the administration and operation of educational institutions in each province, instructional methods, program content (curricula and materials), and mode of delivery (e.g. in person or online).
This area of law encompasses issues relating to school faculty, staff, and students, including school discipline and discrimination based on race, colour, national origin, sex, or disability in violation of the Human Rights legislation in each province. Education is within the jurisdiction of each province across Canada, as opposed to being federally regulated, although the growth of online or “distance” education has made the delivery of content much more “borderless”.
Members of our Corporate Commercial group are known for their business-savvy advice and creative approaches to deal-making, always mindful of the unique considerations that drive successful transactions.
Our lawyers negotiate, structure and advise on all aspects of corporate transactions and commercial agreements for both private and public companies. Whether managing the formation of new businesses, structuring and negotiating the purchase or sale of existing businesses, helping rapidly emerging companies navigate growth, building business continuity plans for closely held corporations, ensuring the successful creation of joint ventures, or guiding the buyout or restructuring of troubled companies, we have the precise skill and insight necessary to move our clients forward.
Our clients range from start-up companies to multinational corporations across various industries and jurisdictions. We help negotiate commercial agreements, purchase agreements of all types, shareholders’ agreements, partnership agreements, distribution agreements, joint venture agreements and other business agreements, such as dealership agreements, licensing agreements, non-disclosure and non-competition agreements.
Our practice is also international in scope, and we represent clients from many different countries and jurisdictions. We are well-versed in different approaches and in the sensitivities required to ensure a smooth and rewarding experience for our diverse client base. We also advise Canadian businesses on transactions outside of Canada, whether close to home in the United States of America or far abroad, including China, India, and Brazil.
Our Construction Law Group is a multi-disciplinary team which provides advice and counsel to a broad range of clients in the construction industry.
Through our many years of experience in solving problems and addressing the needs of our clients in the construction industry, we bring to the table a unique perspective in solving the multitude of issues encountered by participants in the construction industry on a daily basis.
We routinely act for property developers, sureties, design professionals, construction lenders, regulators, insurers, general contractors, subcontractors and manufacturers in the construction industry. Whether you are developing and constructing a hotel, a retail project, an office building, a condominium or an industrial building or involved in infrastructure or energy sector projects, we can assist you with:
contract preparations and negotiations using both construction industry standard documentation and customized construction and project management documentation
development related agreements
re-zoning matters
contractor’s disputes
construction litigation
construction liens
bonds, guarantees and other performance security
construction and project finance
Construction Claims Management
It is virtually impossible to avoid claims arising from construction projects. Construction claims can negatively affect corporate relationships, increase project costs and delay the completion of construction projects. Our construction group offers an alternative approach to assisting in the resolution of disputes arising on construction projects, thereby avoiding negative impact on relationships increased costs and delays. We have experience with construction claims including:
cost escalation
extended duration and construction delays
changes in project scope
geotechnical and site-related problems
weather and force majeure conditions
negligence in design, engineering and construction
Our Condominium Law Group acts as corporate counsel to hundreds of condominium corporations throughout the Greater Toronto area, Southern Ontario and “cottage country”. We pride ourselves on providing our clients with sound condominium-specific advice, based on our widespread knowledge and experience.
We are well known and regarded in the condominium industry, and participate frequently in publications, conferences and seminars. We are professional members of both CCI and ACMO. We work closely with Board members and property managers to help them face the many challenges involved with operating and managing a condominium corporation in today’s environment. Our focus is aimed at providing our clients with the highest level of legal services, which recognizes creativity and the appropriate legal documentation, in the most cost-effective manner.
Our team provides legal advice and services with respect to all aspects of the administration and operations of condominiums, including:
Condominium Documents – including Interpretation of Declaration and By-law provisions; Declaration and Description amendments, By-law and Rule enactment and amendments, and enforcement.
Condominium Meetings – including advising and attending at General and Special Owners’ meetings and board meetings, drafting of meeting documents and acting as independent chairperson.
Common Expense Collections – notices of lien, certificates of lien and power of sale, including chargeback of certain additional expenses to owners where applicable.
Contract Review and Drafting – including leases, shared facilities agreements, Section 98 alteration agreements, telecommunications agreements, bank loans, and employment agreements, submetering, management, major project/ construction/ restoration agreements.
Tarion/ Developer Issues – assisting with and conciliating Tarion warranty claims, first-year budget deficiencies, construction litigation and related matters.
Employment – including termination, discipline, litigation and union/ collective agreement issues.
Complete Litigation & Alternative Dispute Resolution Services – including mediation and arbitration, applications to the Superior Court of Justice, construction lien litigation, small claims court claims and defences, and human rights complaints.
Globalization presents businesses around the world with huge opportunities. But it also brings unique challenges of managing the risks of complying with complex national and international competition, trade and investment laws. Businesses with a global outlook require experienced counsel to advance their objectives, financial interests and reputation.
Our international business lawyers are well positioned to provide such counsel given the firm’s (a) ranking as a “highly regarded”, “leading firm” in corporate & commercial law in Chambers Canada, a peer-reviewed ranking service of the world’s best lawyers and (b) membership in the International Lawyers Network, an association of over 90 high-quality, full-service law firms with over 5,000 lawyers worldwide, in 67 countries on six continents. The experience and services of our lawyers include advising on:
Competition
merger notification and review
distribution and pricing (including refusal to deal, price maintenance, exclusive dealing, tied selling and market restriction)
abuse of dominance
deceptive advertising and marketing practices
conspiracies, cartels and bid rigging
competitor collaborations and strategic alliances
government/regulatory investigations
searches and seizures
Competition Bureau immunity and leniency programs
corporate compliance programs
Trade
trade remedies (including anti-dumping, anti-subsidy and safeguard proceedings before the Canada Border Services Agency (CBSA), the Canadian International Trade Tribunal (CITT) and in review proceedings before the Federal Court of Appeal and North American Free Trade Agreement (NAFTA) panels)
market access within Canada – i.e., freer inter-provincial/territorial trade via the Canadian Free Trade Agreement (CFTA)
market access outside Canada – i.e., freer international trade via the various World Trade Organization (WTO) Agreements, NAFTA, Canada-EU Comprehensive Economic and Trade Agreement (CETA) and Canada’s numerous bilateral free trade agreements including those with Chile, Israel, Korea, Peru and the Ukraine
export and import controls
economic sanctions
trade embargoes
Canada’s Foreign Extraterritorial Measures Act (FEMA) and orders issued under FEMA – in particular, the notification and compliance obligations on Canadian companies respecting US legal measures that prohibit trade or commerce between Canada and Cuba
customs and tariffs (including duty relief, recovery, refunds, drawbacks and deferrals, tariff classification, rules of origin, tariff treatment, country-of-origin marking, value for duty, and preferential tariff treatment)
anti-corruption/bribery
corporate social responsibility
anti-money laundering and anti-terrorist financing
Procurement
Government procurement, including advising public and private sector clients on:
the law of competitive bidding and contracting under CETA, CFTA, NAFTA, WTO, Ontario-Quebec Trade and Cooperation Agreement (OQTCA), New West Partnership Trade Agreement (NWPTA), and others;
the effect of Canada’s trade agreements and domestic legislation, regulations and practices on government procurement, for example on the operations and governance of municipal projects involving public-private partnerships (P3);
the bid protest procedures under established trade agreements (ie before the CITT) and the procedures being established under the new agreements (ie, CFTA, CETA) applicable to local governments;
the procurement challenges before all levels of courts re judicial reviews, injunctions, among other procedures;
the preparation and drafting of proposal documents and developing proposal strategies, helping clients access the right individuals within the public sector – whether at the political, administrative or C-suite level – to unlock projects; make a bid-no bid decision; develop and refine proposals; tests value propositions; polish presentation skills; create negotiations strategies; and assist throughout contract negotiations; and
the preparation and attendance on debriefing procedures and meetings.
Investment
foreign investment reviews and undertakings under the Investment Canada Act with regards to proposed business transactions
NAFTA’s Chapter 11 respecting investments by and protections for NAFTA investors
Canada’s bilateral investment promotion and protection agreements including those with Argentina, Barbados, Cameroon, Costa Rica, Hong Kong, Kenya, Kuwait, Lebanon and Mongolia.
Our Commercial Real Estate Practice is a cornerstone of the firm and a recognized leader in the industry. With years of experience navigating the real estate market in both upswings and downturns, clients trust us to help them establish forward-looking strategies for investing in, developing, financing, leasing and disposing of real estate-related assets.
We advise on all types of real estate projects—office, industrial, retail and residential. We act for public and private clients in all phases of commercial and residential development, commercial leasing, joint ventures, commercial acquisitions and dispositions, financing and equity arrangements, and debt restructuring and workouts.
Our team represents owners, developers, lenders, investors, REITs, financial institutions, and landlords in a broad array of commercial real estate transactions, including:
acquisitions and dispositions
commercial leasing
condominium law matters
construction
environmental law matters
infrastructure and public projects
real estate financing
municipal and planning law matters
property development
Clients appreciated our in-depth knowledge of the real estate market and our focus on business issues when formulating legal solutions. As a fully integrated practice, we can anticipate and address all of the issues that arise in the real estate arena, from tax implications to regulatory, financial and environmental obstacles. Our experience allows us to manage transactions with speed and efficiency. We always remain focused on our client’s motivation and objectives and advise on the best course of action for each real estate opportunity and challenge, whether buyer or seller, landlord or tenant.
Our team advises issuers, investment banks and investors in equity and debt transactions that raise capital through public and private capital markets both in Canada and abroad.
We have extensive experience in all aspects of securities law and corporate finance, including public offerings, private placements, venture capital financing, takeover bids, issuer bids, mergers and acquisitions and the day-to-day governance of both private and public companies.
We also help clients identify and access potential sources of capital and in structuring, negotiating and documenting financing transactions at all business stages, including seed, angel, venture capital, bridge, convertible, debt, private placements and public offerings.
We understand that success lies not only in managing the transaction but also in understanding our clients’ wider commercial goals. We provide a broad range of securities and corporate finance services to both private and public companies, issuers, investment dealers, and venture capital and private equity funds relating to:
public and private offerings of securities
equity and debt finance
mergers and acquisitions
stock exchange listing
public company maintenance and compliance
investments funds and asset management
securities registrant regulation and compliance
corporate governance
securities litigation
broker/dealer litigation
A key to the success of any business is effectively engaging its customers and advertising and marketing its brands, products and services.
Our Advertising and Marketing Group recognizes the important role that creativity and innovation play in today’s customer-centric, data-driven and fast-paced world. We have experience advising on Canadian advertising and marketing laws and practices, how they apply in the Canadian marketplace and how they are interpreted and enforced by Canadian regulators and courts. Our lawyers are recognized by peers as leaders in advertising and marketing law in several directories, including Chambers Canada, Lexpert, and Best Lawyers in Canada. We are prominent and active in the advertising and marketing industry generally and participate in initiatives of the Canadian Marketing Association (CMA), Ad Standards, the Pharmaceutical Advertising Advisory Board (PAAB) and the International Trademark Association (ITA), to name a few. Members of our Group regularly speak and write on topical issues in advertising and marketing to keep our clients up to date on industry best practices and legal developments.
Sectors, Experience and Services
We advise clients in a wide range of sectors, including the agricultural, alcoholic beverages, automotive, aviation, banking, cosmetics, consumer goods, education, energy, entertainment, fashion, food & beverage, film, gaming, health care (including pharmaceuticals, natural health products and medical devices), real estate brokers, retail, sports, textiles, telecommunications and transportation sectors.
Our experience and services include advising on:
sending commercial electronic messages and installing software compliant with Canada’s anti-spam laws (CASL) and defending clients in investigations by CASL’s regulators such as the CRTC, the Competition Bureau and the Office of the Privacy Commissioner of Canada (OPC)
online behavioural advertising (OBA), especially in the context of big data, customer analytics and programmatic advertising
data governance and privacy, including privacy policies, audits, protection of personal and other information and responding to data breaches
pre-clearing and resolving disputes before self-regulatory bodies like Ad Standards, the PAAB and the Ontario Motor Vehicle Industry Council (OMVIC)
investigations, inquiries and proceedings before the Competition Bureau, Competition Tribunal and the courts
contests and promotions, including those with user-generated content and on social media platforms, such as Facebook, Twitter and Pinterest
sponsorships
advertising agency agreements
gift cards and coupons
loyalty programs
direct mail marketing
telemarketing
comparative advertising claims
substantiating performance claims
disclaimers in advertising
consumer preference and other surveys
endorsements and testimonials
native advertising
marketing communications agreements
programmatic ad trading
environmental claims
pricing and distribution practices, including ordinary price claims, all-in pricing and drip pricing
minimum advertised price (MAP) policies
cross promotions and co-branding
protecting brands and trade-marks via registrations and proceedings with the Canadian Intellectual Property Office (CIPO)
advertising to children
provincial consumer protection laws, including disclosures for advertisements of consumer lease and finance offers
packaging and labelling
developing and implementing effective corporate compliance programs
public policy and lobbying respecting changes to Canadian advertising and marketing laws
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