At Fogler, Rubinoff LLP, our litigators explore every avenue to resolve our clients most critical disputes with strategies that balance advocacy and pragmatism.
We view matters through the lens of our clients’ business objectives, drawing on the substantial experience of our firm across all major industry sectors. Our approach has created a long track record of success for our clients, from motion practice to strategic settlements, trials and on appeal.
When business and commercial disputes can’t be resolved through simple negotiation, we are positioned to take matters to the next level. Our litigators are problem-solvers, using the legal system – whether through mediation, settlement, or going all the way to trial – as the means through which we achieve creative yet practical results for our clients.
Specialized groups within the litigation department provide advice and advocacy in civil, quasi-criminal and administrative proceedings. We are committed to a client centered and practical approach to address your litigation needs. Our lawyers prepare and outline strategies offering imaginative, creative and ‘out-of-the-box’ advice with a view to achieving an early and favourable resolution of disputes. If settlement is not possible, our experienced lawyers and sophisticated support facilities allow us to forcefully advocate on our clients’ behalf throughout the litigation process.
We work with our clients to develop commercially reasonable solutions to problem transactions and situations, including the use of alternative dispute resolution mechanisms.
Specific industries are governed by legislation that is enforced and regulated by specialized administrative boards and tribunals. These boards and tribunals have their own rules and processes to conduct hearings and administer legislative and regulatory functions.
Our lawyers know these rules and know how to navigate them to get the best results possible for our clients. Many of our lawyers work exclusively with boards or tribunals in specific industries and maintain not only an exceptional knowledge of the law in that industry, but also the practical experience in that industry. This marriage allows our lawyers to provide sound legal advice that also takes into account the nuances of a particular industry.
Our administrative and regulatory practice group has considerable experience at all boards and tribunals, as well as conducting appellant and judicial review work at the Divisional Court. Some of the representative work done by our Administrative and Regulatory lawyers includes, but is not limited to matters at the:
Our lawyers are as experienced out of court as they are in court. This allows them to utilize numerous forms of Alternative Dispute Resolution to solve problems that appear otherwise incapable of resolution. Using arbitration, mediation and various negotiation techniques to increase the options available to manage conflict, our lawyers are able to create value and propose resolutions not available in a traditional courtroom setting.
By exploring alternative methods of resolving disputes, our lawyers are better able to understand our clients’ interests and work toward getting the result they want. In some cases, parties to dispute are best served by resolving the disputes in a way that preserves and maintains their previously favorable relationships. Alternative Dispute Resolution can be used in appropriate cases to achieve this objective.
Our litigation lawyers have wide ranging experience in securities and broker/dealer proceedings and the breadth of remedies sought in securities cases. We are able to creatively and persuasively present or defend such claims on behalf of our clients.
We have represented investment dealers, mutual fund dealers, registered representatives, salespersons, compliance professionals and other market participants.
We have represented investment dealers, mutual fund dealers, registered representatives, salespersons, compliance professionals and other market participants.
Our securities litigators have been involved in a variety of securities-related litigation matters, including:
We understand that litigation is bad for business. That’s why our Corporate and Commercial Litigation team is experienced, aggressive and results oriented. Knowing our clients’ business and their interests in any particular dispute has allowed us to manage and direct the dispute to the desired outcome. Our lawyers have successfully represented individuals, partnerships and corporations of all sizes in commercial disputes through appearances before all levels of courts and tribunals.
Our lawyers are also well versed with all modes of alternate dispute resolution including arbitrations and mediations. We spare no effort and overlook no detail when preparing a litigation strategy in consultation with our clients. To that end, we are able to provide creative and high quality advice to resolve disputes favourably, so our clients can do what they do best – carry on with running their businesses.
Cases in which our litigators are frequently involved include:
Our Employment and Labour group is committed to addressing our clients’ needs efficiently and effectively. In keeping with our client-centred approach, our lawyers prepare and outline strategies offering imaginative, creative and practical advice with a view to achieving an early and favourable resolution of disputes. If settlement is not possible, our experienced lawyers and sophisticated support facilities allow us to forcibly advocate on our clients’ behalf throughout the litigation process, at a reasonable cost.
To complement our employment litigation practice, our employment and labour lawyers provide opinions on various matters and represent clients in a wide variety of commercial and contractual disputes as well.
Our practice encompasses all aspects of employment litigation including:
Members of our Estates and Trust litigation group are well versed in issues involving estate planning and trust administration, and are experienced in mediating or litigating those issues. We provide clients with the consistency and continuity required to bring estate and trust controversies to successful conclusions.
We represent clients in a variety of cases, including, but not limited to:
Whether we are representing institutional trustees or individuals in disputes between beneficiaries, we tailor our litigation strategies to resolve the dispute favorably and expeditiously.
The Insurance and Tort group is committed to addressing our clients’ needs efficiently and effectively. In keeping with our client-centred approach, our lawyers prepare and outline strategies offering imaginative, creative and practical advice with a view to achieving an early and favourable resolution of disputes. If settlement is not possible, our experienced lawyers and sophisticated support facilities allow us to forcibly advocate on our clients’ behalf throughout the litigation process, at a reasonable cost.
Our practice encompasses all aspects of insurance and tort litigation including:
To complement our claims litigation practice, our insurance and tort lawyers provide opinions on coverage and policy interpretation and represent clients in a wide variety of commercial and contractual disputes.
Once our clients have acquired or developed intellectual property rights, it is essential to enforce such rights in order to maintain them. We assist our clients with every type of intellectual property litigation, including patent, copyright, trademark, and industrial design infringement actions, confidential information actions, cancellation proceedings, post-grant proceedings, passing off actions, domain name actions and complaint proceedings, and any other proceedings necessary to protect and enforce intellectual property rights, or to defend such proceedings which may be commenced against our clients. We also act in judicial review proceedings taken from decisions of the Registrar of Trade-marks or the Commissioner of Patents. Finally, we protect our clients’ rights in administrative proceedings decided by the Trade-marks Office and the Patent Office.
Our litigation team provides clients with comprehensive expertise when acting for both appellants and respondents in appeals and applicants or respondents in judicial reviews. We are equipped to assess the viability and feasibility of a potential appeal and to provide the focus and substantive law expertise required for a variety of complex judicial review matters.
With a creative mindset and the experience of managing a broad range of commercial and regulatory matters, we have the skills necessary to craft effective oral arguments to achieve our clients’ goals.
We act for professionals of all vocations including physicians, nurses, dentists and other health professionals, engineers, architects and accountants on issues of professional conduct and practice review.
We help our clients develop a plan and process, as well as provide strategic and legal advice and representation from the first professional council or college notification, through to hearings and appeals. We provide advice and act for clients on matters related to complaints, discipline, quality assurance, fitness, practice and registration issues.
Our Real Estate litigation group is committed to finding the most favourable, cost effective solutions to real property disputes.
We represent vendors, purchasers, developers, builders, financial institutions, investors, financial brokers, contractors, owners, condominium corporations and board members in a wide variety of disputes, involving, but not limited to:
From litigation involving tenants, landlords, subtenants, licensees, property managers, and related parties, through alternate dispute resolution, our sole objective is to achieve the best possible solution for our clients in the most cost effective manner possible.
Our litigators have wide ranging experience in securities and broker/dealer proceedings. We have extensive experience with the breadth of remedies that are sought in securities cases. We are able to creatively and persuasively present or defend such claims on behalf of our clients.
Our clients include brokers/dealers, individual investors, individual registrants and private and public companies. We also advise market participants in proceedings before securities commissions, stock exchanges, and self-regulatory organizations.
Our securities litigators have been involved in a variety of high-profile securities-related litigation matters, including:
Combining expertise in tax law with litigation skills, our Tax Litigation group represents clients at all levels with the Canada Revenue Agency and other government agencies and in tax disputes arising under provincial statutes such as provincial income and capital taxes, sales taxes and payroll taxes. Where resolution is not possible at the administrative level, we act as litigation counsel before the Courts.
Drawing on our extensive experience, knowledge, skill and resources, we strive to ensure that our clients receive excellent legal representation.
The Tax Litigation group consists of tax appeals including representation during audits, tax objections, voluntary disclosure (commonly known as tax “amnesty”) applications, fairness applications and appeals in the Tax Court of Canada, Federal Court of Canada and the Ontario Superior Court of Justice.
We have acted on behalf of clients on a wide range of issues including not only substantive tax matters, but also procedural matters such as search and seizure, claims for privilege and requirements to provide foreign-based information.
