We are thrilled to announce that Fogler, Rubinoff LLP has been voted as one of the top three law firms by Canadian Lawyer Magazine in their annual ranking of leading Ontario Regional Firms.

Canadian Lawyer Magazine surveyed lawyers, in-house counsel and clients from across Canada to nominate firms worthy of being ranked, and then created an open survey from that list which was distributed throughout the publication’s channels. Voters were asked to make their choices based on each firm’s “regional service coverage, client base, notable mandates, service excellence and legal expertise.”

Thank you to our peers, colleagues and clients for once again recognizing us with this honour, and congratulations to all of the firms ranked in the survey this year.

Click here to read the full rankings in Canadian Lawyer Magazine.

Congratulations to April Gougeon, Bill Hearn and Ronald Davis for winning a Mondaq 2023 Thought Leader Award for their article: What’s Ahead in 2023 for Privacy and Cybersecurity Law. The award showcases top authors based on readership across 15 countries and multiple areas of law.

Calling all 2SLGBTQ+ law students who will be applying to recruits in Toronto in 2023! We hope you’ll join us at this year’s in-person Toronto 2SLGBTQ+ Firm Hop. The Canadian Association of LGBTQ2S+ Lawyers is proud to be organizing the 2023 Toronto 2SLGBTQ+ Firm Hop, taking place from Monday, March 13, to Friday March 17, 2023. Students are able to choose which firms they’re interested in touring (each firm tour lasts 1 hour) but must choose a minimum of 7 (with the maximum number of available firm tours being 26).

Congratulations to our Partners on being recognized as leading lawyers in the 2023 Canadian Legal Lexpert® Directory.

Each lawyer was selected based upon a comprehensive annual survey, ongoing since 1994. They are acknowledged as leaders in their respective fields and are prominent lawyers in their practice areas. 

In the first decision of its kind, Fogler, Rubinoff lawyers Justin Jakubiak and Adam Varro were successful in obtaining a cost award against the Ontario Motor Vehicle Industry Council (OMVIC), Ontario’s motor vehicle sales regulator.

The application was made further to our client’s successful appeal to the Licence Appeal Tribunal (LAT) of OMVIC’s proposal to refuse his salesperson’s licence on account of alleged improper conduct as a sales manager of a large franchise dealership.  In her decision, the presiding member acknowledged the high burden to achieve a cost award but found it unreasonable that “the Registrar continued the hearing to completion (a startling 13 days of evidence), despite the case…showing multiple weaknesses early on and throughout the hearing.” The presiding member further found that OMVIC acted unreasonably by failing to entertain numerous offers to settle made before and during the hearing. 

Costs are rarely awarded at the LAT, and we are unaware of another decision where they have been awarded against a regulator. This decision serves as an important precedent for future instances where a regulator unreasonably pursues its case and in doing so causes unnecessary expense and prejudice to an applicant’s ability to participate in their industry of choice. The full decision can be found here.

Irani and Khan v. Registrar, Motor Vehicle Dealers Act, 2002, 2022 ONLAT MVDA 13303/13307Download

On October 7, the Inuvialuit Regional Corporation (IRC), was granted leave to intervene at the Supreme Court in the appeal of the Quebec Court of Appeal reference case on An Act respecting First Nations, Inuit and Métis children, youth and families. This will be a landmark constitutional case with respect to Indigenous peoples’ inherent jurisdiction and legislative authority over the well-being of their children, youth, and families.

Katherine Hensel, lead counsel to IRC, noted that the Inuvialuit child wellbeing law, Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat, is set to come into force and effect in November, 2022, and that the Inuvialuit law’s administration and operation “will be directly impacted by the outcome of the Court’s decision in this case, as will the laws being developed across Canada by other Indigenous governing bodies.”

The date for the hearing at the Supreme Court is scheduled for December 7 & 8, and the Court’s decision will be released in 2023.

IRC is represented in the case by Katherine Hensel and Kristie Tsang of Fogler, Rubinoff LLP

We are thrilled to welcome back in-person our 2022-2023 Articling Students. Learn more about each of them and their experiences on the students@foglers section of the website.

Wills & Estates Associate, Sasha Kraus is a recipient of the prestigious Trust and Estate Practitioner (TEP) designation. The TEP designation formally distinguishes qualified practitioners from non-specialists, and offers a competitive advantage in attracting clients.

It is with deep sadness that we announce the passing of our Partner, friend and colleague, Michael H. Appleton, Q.C.  Michael passed away on July 10, 2022.

Following his graduation from Osgoode Hall Law School in 1964, he practiced law for 56 years and was the Managing Partner for 33 years. During that tenure he oversaw the almost five-fold growth of our firm.  Michael was instrumental in building this firm and its continued success since the merger of Siegal, Fogler and Rubinoff & Rubinoff in 1982.  Fogler, Rubinoff LLP would not be what we are today without Michael’s leadership, business acumen, wisdom and sense of humour. His deep commitment to our clients and our firm was something we all admired.

Our hearts are with Michael’s family, who always mattered the most to him. He will be deeply missed by everyone who was privileged to work with and learn from him.

Congratulations to the following lawyers elected to the 2022-2023 OBA Section Executives