In celebration of Black History Month, our firm had the pleasure of learning from Chef Deon King, founder and CEO of King Catering and enjoying his fabulous Caribbean cuisine.

On February 9, 2024, the SCC released its decision in Attorney General of Québec, et al. v. Attorney General of Canada, et al., an appeal of a Quebec reference case relating to the constitutionality of An Act respecting First Nation, Inuit and Metis children, youth and families (the “Federal Act“).

Katherine Hensel and Kristie Tsang of Fogler, Rubinoff LLP acted for the intervener, Inuvialuit Regional Corporation (IRC), offering an Inuit and territorial perspective to the legal issues before the SCC. The Court upheld the Federal Act in its entirety as constitutional, including the Federal Act’s:

This is a successful result for IRC’s child wellbeing law, Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat, which will ensure that Inuvialuit children, youth, and families are supported wherever they live, for the benefit of Inuvialuit and Inuvialuit culture, and to mitigate and prevent the documented harm caused by non-Inuvialuit and non-Indigenous child welfare practices. This is also welcome news for our Indigenous clients currently engaged in developing their own child wellbeing laws or participating in coordination agreement discussions.

While the SCC refrained from commenting directly on the existence, scope, and extent of a s. 35 Aboriginal right to self-government, it confirmed that it remains open to Parliament to do so and act in accordance with that position. Stay tuned for an article on what this means going forward for Indigenous governing bodies and the child and family services sector

Congratulations to Marie Lussier who has been recognized as a leading Trademark lawyer by World Trademark Review. The WTR 1000 has established itself as the definitive ‘go-to’ resource for those seeking world-class legal trademark expertise.

Justin Jakubiak and Bree Pierce, members of Foglers’ litigation group, successfully represented a family-owned trucking school before the Licence Appeal Tribunal in response to an immediate suspension order and a proposal to refuse to renew the school’s education program.  After a grueling 7 day hearing the Tribunal ordered the Private Career Colleges Branch of the Ministry of Colleges and Universities to immediately lift the suspension and directed the Superintendent not to carry out the proposal.

The decision is particularly important and noteworthy as victories for registrants against the Ministry are few and far between. The result is life-changing for our clients as they can resume their family-owned business which has 3 locations in Ontario and employs dozens of people.

A summary of the case follows:

Our client is a truck driver training school which has been registered under the Private Career Colleges Act since 2020 with locations in Mississauga, London and Hamilton.

The Private Career Colleges Branch of the Ministry of Colleges and Universities (the “PCCB”) sent out two Superintendent’s letters, one in 2021 and one in 2022, to all trucking schools suggesting that there was an uptick in non-compliance with the Private Career Colleges Act.  The letters warned that trucking schools would begin to see increased enforcement action. In stepping up enforcement, the PCCB bypassed their own “progressive compliance model”, which emphasized education before enforcement.A disgruntled former employee filed an unfounded complaint that led to a superficial investigation. This investigation led to an immediate suspension and a notice of proposal was issued to strip our clients of their registration.

The investigation, per the decision of the Tribunal, was replete with confirmation bias and unsupportable assumptions. It mischaracterized the responsiveness of our client and disregarded their efforts to work with inspectors and investigators to ensure compliance.  The investigation was not adequately thorough to merit the suspension or the notice of proposal. In fact, the investigator was admonished for his “apparent haste to embrace” the disgruntled former employee’s “rather dramatic exposé”.  The Tribunal Ordered that the suspension should be lifted immediately, the notice of proposal should not be carried out, and our client’s registration should be renewed with reasonable terms and conditions immediately.

The decision is a reminder to all registrants that regulators and government actors are not immune to making mistakes and government overreach is real.  Legal advice should always be sought in response to complaints, discipline, charges or proposals levied against a licensee by their regulator. The regulator may be wrong (and in our experience often make mistakes).

For more information about this case, or if you have any questions about your licence or regulated business, please contact Justin Jakubiak at: jjakubiak@foglers.com.

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Congratulations to David Levangie who was recognized as one of Lexpert’s Rising Stars: Leading Lawyers Under 40. 

This annual event celebrates leading lawyers under 40 who have demonstrated an outstanding track record of success in their field, are recognized leaders in the community, and are contributors to their firm’s success. They are selected by Lexpert’s advisory board for being at the top of their game in leadership, professional achievements, and teamwork.

On behalf of the whole firm, we congratulate David and all of the accomplished lawyers recognized by Lexpert on this well deserved recognition!

Our Fogler Rubinoff family strongly condemns the unprecedented, barbaric attack by Hamas terrorists on Israel.   

While we in Canada live with the privilege of having the expectation of a peaceful existence, the Middle East presents a much different matrix of facts which make peaceful co-existence idealistic when the government in Gaza is a terrorist group that denies Israel’s right to exist. It is important to speak out against organizations like Hamas who wish to annihilate the Jewish people.  

We support Israel and all its people.  Our thoughts and prayers go out to all the innocent victims of this tragedy. We specifically pray for the safe return of the kidnapped civilian bystanders.  

Congratulations to Don Bourgeois on being recognized by Chambers and Partners in the 2024 Canada Guide in Band 2 for Gaming & Licensing law nationwide. 

Don Bourgeois of Fogler, Rubinoff LLP is reputed for his impressive gaming background, having worked within a number of regulatory bodies, including the Alcohol and Gaming Commission of Ontario. He is particularly well known for his knowledge of gaming regulation.

Chambers & Partners, Canada 2024

To mark the National Day for Truth and Reconciliation and Orange Shirt Day, this week Foglers welcomed Tracey Lindberg, an award-winning academic writer, Professor of Law and acclaimed author of Birdie. Professor Lindberg shared with us her perspective on reconciliation and what meaningful relationship building looks like. Today and beyond, we encourage everyone to reflect on the trauma committed against Indigenous Peoples, to educate themselves on the Calls to Action of the TRC and begin putting reconciliation into action as allies.

To recognize her work as a leading Indigenous lawyer, Katherine Hensel has been named on to Top 25 Most Influential Lawyers by Canadian Lawyer Magazine.

Katherine is being recognized for her work as a leading Indigenous rights lawyer and is described as “a passionate advocate for the assertion of Indigenous and treaty rights, the duty to consult and child welfare matters.” She is featured in the Human Rights, Advocacy and Criminal Law category.

22,0000 individuals took part in the voting process this year to determine members of this exclusive list. Lawyers who are selected often contribute to the most nationally significant and strategic legal questions, cases, deals and disputes. Winners are selected across five different categories from hundreds of nominees.

Foglers is pleased to announce that the 41 lawyers were selected by their peers for inclusion in the 2024 edition of the Best Lawyers in Canada and Best Lawyers: Ones to Watch.

Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.