PROFILE
I practice primarily in the area of Corporate and Commercial Law. I have a varied practice which has included Securitization, particularly CMBS, mergers and acquisitions, shareholder disputes, restructuring, financing and advising public and private companies and their boards on corporate governance issues. When the economy slows down, I move into restructuring mode and have been involved in numerous large and high profile CCAA and restructurings. I have also been involved in billions of dollars of CMBS transactions, both public and private, and have acted for numerous clients in such transactions, including originators and sellers of CMBS, B buyers, master servicers and special servicers. I have worked extensively in negotiating and finalizing contracts for numerous private hydro-electric power plants.
My view in how to properly service a client is to provide quality professional service and expertise in a businesslike manner with a view to always creating value for the client. I do this by focusing on what the client actually wants and creating a solution or negotiating an agreement that keeps that in mind. I get the job done without extraneous delay or extra costs on trivial matters concentrating on getting the transaction finished and the clients needs, all resulting in better value for the client.
I am a member of the firm's Business Development Committee and am one of two partners who represent the firm at the International Lawyers Network. The ILN is an association of 91 independent law firms with over 5,000 lawyers in 66 countries.
Publications
OCTOBER 29 2020
Doing Business More Effectively: Ontario Proposes Changes to the Business Corporations Act
The Government of Ontario recently introduced Bill 213, Better for People, Smarter for Business Act, 2020 to reduce regulatory burdens and remove barriers to economic growth, opportunity and innovation.
AUGUST 27 2020
22 Lawyers Profiled Across 17 Areas of Law in The Best Lawyers In Canada
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
MARCH 20 2020
COVID-19 and Performance of Contractual Obligations
As the global community works to respond to the challenges presented by the spread of COVID-19, many Canadian businesses have been impacted by market and supply chain disruptions, as well as government mandated travel and business restrictions. This article considers the utility of force majeure clauses in commercial contracts, and whether COVID-19 may be invoked as an excuse to non-perform, or delay the performance of, contractual obligations.
AUGUST 21 2019
19 Fogler Rubinoff Partners Ranked in The Best Lawyers™ in Canada
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.
Practice Areas
Representative Work
Mortgages
Portfolio of mortgages in excess of $75 million
Real Estate
Real estate restructuring of mortgage trust in excess of $75 million
Purchase and Financing
Purchase of businesses and financing involving multiple jurisdictions in excess of $10 million
Shareholder Disputes
Shareholder disputes and buyouts involving several million dollars
Mortgage Purchase
Purchase of portfolio of mortgages in excess of $100 million
CMBS Financing
CMBS financings in the billions of dollars, both public and private, acting for sellers, b-buyers and servicers
Memberships
- Canadian Bar Association
- Law Society of Ontario
Education
- University of Windsor Law School - LLB - 1983
- Detroit College of Law - 1980
- York University - B.A. - 1979
Community Service
- Served on the Board of Directors and Executive of Shaarei Beth-El Synagogue in Oakville, Ontario for 15 years, including 3 years as President
Awards & Distinctions
Recognized as a leading lawyer in The Best Lawyers™ in Canada: Banking and Finance Law