PROFILE
Milton Davis was called to the bar in 1978. Since that time he has practiced in the area of commercial litigation. specializing in banking and real estate litigation, corporate and shareholder disputes, mortgage remedies and professional negligence claims. Mr. Davis was certified as a specialist in civil litigation in 1985.
Mr. Davis has been involved as counsel in over 200 reported decisions, at all levels including the Supreme Court of Canada. He has acted as counsel in an extensive number of leading cases involving professional negligence by lawyers and other professionals. Mr. Davis has also acted in many significant real estate and mortgage cases at both the trial and appellate level. In March 2012, Mr. Davis argued the first real estate case heard by the Supreme Court of Canada in 15 years. Two of the foremost appeals in Canada involving shareholders rights were successfully argued by Mr. Davis.
In addition to his courtroom experience, Mr. Davis has acted to recover millions of dollars for plaintiffs in lawyer malpractice cases. He has successfully prosecuted to trial or settlement, more than forty of these cases. Amongst those cases are precedent setting decisions that have defined the standard of care for lawyers practicing in various fields. He has also successfully defended lawyers and other professionals in malpractice claims.
For over thirty years, Mr. Davis has represented some of the largest financial institutions in Canada. Accordingly, he continues to be on the recommended list of counsel for one of Canada’s largest banks.
Since his call to the bar in 1978, Mr. Davis has been a frequent lecturer and instructor at the Law Society of Upper Canada and at the Osgoode Hall Law School, Trial Advocacy Program. He was a lecturer in civil procedure and trial advocacy for the Bar Admission Course from 1985 to 1990. He has lectured and written extensively in the areas of real estate, mortgage remedies, injunctions, civil procedure, evidence, and trial advocacy. He was a lecturer at the Canadian Bar Association Annual Institute in 1985, 1999 and 2000. In 2014, Mr. Davis edited the Debtor-Creditor Volume of Halsbury’s Laws of Canada.
Mr. Davis graduated from York University with a B.A. in 1973 and graduated from the University of Windsor with an LL.B. in 1976.
Publications
NOVEMBER 26 2019
Avoiding the Garden Path of Mathematics with the Barometer of Fairness: An Analysis of Discount Rates in Canadian Case Law, and Lessons for Business Valuator Experts
Authored by Milton Davis, Ronald Davis and Elizabeth Armstrong and published in the 2019 Journal of Business Valuation.
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.
JUNE 21 2019
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 Davis, Ron Davis and with the assistance of Beth Armstong, was presented at the Chartered Business Valuator Institute’s 2019 National Business Valuation Congress in Montreal.
AUGUST 21 2018
13 Fogler Rubinoff Partners Ranked in The Best Lawyers™ in Canada
Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2019 edition of The Best Lawyers in Canada.
- Jack D. Coop - Environmental Law
- Steven A. Cygelfarb - Real Estate Law
- Milton A. Davis - Legal Malpractice Law
- Albert Engel - Environmental Law
- Michael B. Fraleigh - Health Care Law
- Jeffrey B. Goldenberg - Real Estate Law
- William R. Hearn - Advertising and Marketing Law
- Ian N. Kady - Real Estate Law
- Gary Kissack - Aboriginal Law
- Martin L. Middlestadt - Real Estate Law
- Kenneth W. Movat - Construction Law
- Karen Rosen - Energy Law
- Colleen Spring Zimmerman - Intellectual Property Law
Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
FEBRUARY 01 2018
Halsbury's Laws of Canada - Debtor and Creditor
This valuable title deals with the collection by unsecured creditors of debts owed by solvent debtors and discusses the federal-provincial overlap in the area of insolvency that results in many provincial statutes having application to insolvent debtors.
DECEMBER 08 2017
What a Family Lawyer Must Know About PIPEDA
Paper presented by Milton Davis and Kyle Kuepfer, at the LSUC Six Minute Family Law Lawyer.
AUGUST 22 2017
10 Fogler Rubinoff Partners Ranked in The Best Lawyers in Canada
Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2018 edition of The Best Lawyers in Canada.
- Steven A. Cygelfarb - Real Estate Law
- Jack D. Coop – Environmental Law
- Milton A. Davis - Legal Malpractice Law
- Michael B. Fraleigh - Health Care Law
- Jeffrey B. Goldenberg - Real Estate Law
- Bill Hearn - Advertising & Marketing Law
- Ian Kady - Real Estate Law
- Martin Middlestadt – Real Estate Law
- Kenneth W. Movat - Construction Law
- Colleen Spring Zimmerman - Intellectual Property Law
Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
NOVEMBER 10 2016
Trial or Summary Judgment
Ronald Davis, Milton Davis and Johanne Pilon have co-authored “Trial or Summary Judgment” for the OBA program The Nuts and Bolts of the Summary Judgment Motion.
AUGUST 10 2016
Eight Fogler Rubinoff Partners recognized by The Best Lawyers in Canada
Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2017 edition of The Best Lawyers in Canada.
- Steven A. Cygelfarb - Real Estate Law
- Milton A. Davis - Legal Malpractice Law
- Michael B. Fraleigh - Health Care Law
- Jeffrey B. Goldenberg - Real Estate Law
- Bill Hearn - Advertising & Marketing Law
- Kenneth W. Movat - Construction Law
- Sheldon Silver - Tax Law
- Colleen Spring Zimmerman - Intellectual Property Law
Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
JUNE 28 2016
Eight Fogler Rubinoff Partners have been profiled as Leading Practitioners in the 2016 Canadian Legal Lexpert® Directory
The 2016 Canadian Legal Lexpert® Directory has profiled eight Fogler Rubinoff lawyers as leading practitioners:
Steven A. Cygelfarb - Property Leasing
Milton A. Davis - Professional Liability
Michael B. Fraleigh - Medical Negligence
Bill Hearn - Advertising & Marketing Law
Martin L. Middlestadt - Property Leasing
Kenneth W. Movat - Construction Law
Colleen Spring Zimmerman - Intellectual Property
Michael S. Wolfish - Property Leasing
The Canadian Legal Lexpert Directory ranks individual lawyers across 64 areas of expertise and firms in over 40 practice areas. Recommendations for lawyers in the annual publication are the product of an extensive peer review process, with firm rankings tabulated from the cumulative rankings of individuals within each practice area reviewed.
DECEMBER 09 2015
Bhasin v. Hrynew and the Duty of Good Faith
AUGUST 25 2015
10th Edition of The Best Lawyers in Canada
We are pleased to announce that Steven A. Cygelfarb, Milton A. Davis, Michael B. Fraleigh, Jeffrey B. Goldenberg, Martin L. Middlestadt, Kenneth W. Movat, Sheldon Silver, Q.C. and Colleen Spring Zimmerman have been selected by their peers for inclusion in the 10th Edition of Best Lawyers in Canada.
JULY 30 2015
Leading Practitioners in the 2015 Canadian Lexpert® Directory
Fogler, Rubinoff LLP is pleased to announce that the following lawyers are Listed as Leading Practitioners in the 2015 Canadian Lexpert® Directory:
NOVEMBER 18 2009
What's So Good About Good Faith?
Safe Guarding Real Estate Transactions - Protecting Your Clients from the Dangers of LItigation
SEPTEMBER 16 2009
Practice Gems: Best Practices for Tendering in Real Estate Transactions
Protecting Your Client When the Other Side Refuses to Close.
NOVEMBER 14 2007
Preparing for Tender
Safeguarding Real Estate Transactions - Mitigating the Risk of Litigation
FEBRUARY 16 2006
Arbitration of Commercial Leasing Disputes
NOVEMBER 16 2005
Arbitrations in Ontario - A Primer
Safeguarding Real Estate Transactions
JANUARY 01 1998
Suing and Defending Professionals
Law Society of Upper Canada, Continuing Legal Education Program
Practice Areas
Recognition
Recognized as a leading lawyer in The Best Lawyers™ in Canada, since 2008: Legal Malpractice Law
