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More than a law firm – that’s the
Foglers Advantage.
77 King Street West
Suite 3000, P.O. Box 95
TD Centre North Tower
Toronto, ON M5K 1G8
2023 Fogler, Rubinoff LLP
We are involved in every facet of bankruptcy law. Our practice includes acting for trustees in bankruptcy, debtors and creditors. We routinely provide the following services:
- advise trustees in bankruptcy in all matters under the BIA and other legislation
- advise individual and corporate debtors of their rights and obligations under the BIA
- advise creditors of their enforcement options in bankruptcy situations
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:
- will and trusts contests
- judicial interpretation of wills and trusts
- breach of fiduciary duty claims
- challenges to testamentary capacity
- dependent support claims
- variation of trust proceedings
- elections and claims pursuit
- estate tax litigation
- claims by or against estates
- removal and/or replacement of executors and trustees
- competency proceedings
- passing of accounts
- mediation of estate disputes
- providing legal opinions regarding disputed matters
- seeking guidance in respect of estate administration
- assuming the role as administrator in contested estates
Whether we are representing institutional trustees or individuals in disputes between beneficiaries, we tailor our litigation strategies to resolve the dispute favorably and expeditiously.
Our team of corporate and tax lawyers will help you effectively structure and restructure commercial enterprises, in virtually all industries. You need effective, responsive advice, and we provide this in a comprehensive manner to ensure that your tax and other corporate objectives are addressed. We possess the knowledge and experience to address all aspects of corporate, commercial and Canadian tax matters and planning and can provide you with advice relating to:
- mergers and acquisitions
- divestitures
- loss utilization
- reorganizations and restructurings
- partnerships, joint ventures and trusts
- estate freezes and succession planning
- reorganizations for in-house loss utilization within a corporate group
- freshening strategies for expiring losses
- structuring forms of new business to achieve quickest use of start-up losses
- providing advice and planning on share and asset sales, purchases, business combinations and divestitures
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 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:
- wrongful dismissal actions
- commencing injunctive proceedings and responding to injunctive proceedings
- negotiating and interpreting collective agreements
- collective bargaining and interest arbitration
- advising on bad faith bargaining complaints
- advising on de-certification applications
- strikes, lockouts, injunctions, picketing
- offering strategic advice during grievance process
- judicial review applications
- representing our clients before the Ontario Labour Relations Board
- harassment and discrimination
- accommodation
- workplace investigations
- representing our clients before the Ontario Human Rights Tribunal
- representing employers before regulatory authorities when there is a workplace accident or illness
- defending against orders or penal offences
- navigating the claims process
Patents and Industrial Designs are valuable assets of a business. You need to ensure that your Patents and Industrial Designs are available, protected, properly used, maintained and enforced, both in Canada and around the world, so that you are taking advantage of the most up to date protection, and so that your ability to compete is not threatened. We advise businesses on:
- Patentability opinions for new inventions, freedom to operate opinions, and Patent and Industrial Design Registration validity opinions
- Preparation and prosecution of Patent and Industrial Design applications in Canada and globally
- Patent and industrial design infringement lawsuits
- Licensing of Patents and Industrial Designs
- Due Diligence on Patents and Industrial Designs involved in business transactions
Trademarks are often among the most valuable assets of a business. You need to ensure that your trademarks are available, protected, properly used, maintained and enforced, both in Canada and around the world, so that you are taking advantage of the most up to date protection, and so that your ability to compete is not threatened. We advise businesses on:
- clearance of new trademarks, brands, slogans, tag lines, logos, sound marks, colour marks, product configurations, distinguishing guises, official marks, university marks, and certification marks
- preparation and prosecution of trademark applications in Canada and globally
- trademark infringement and passing off lawsuits, including the prevention of counterfeits
- licensing of trademarks
- due diligence on trademarks involved in business transactions
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:
- Ontario Securities Commission
- Ontario Land Tribunal
- Licence Appeal Tribunal
- Health Professions Appeal and Review Board
- Ontario Energy Board
- Labour Relations Board
- Human Rights Tribunal
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:
- corporate class action litigation involving security disclosure issues
- class actions against securities dealers in connection with recommendations of their analysts
- actions involving investment advisors including allegations regarding suitability, unauthorized discretionary trading, negligence, breach of contract and breaches of fiduciary duties
- representation of various registrants in proceedings instituted by self-regulating organizations or provincial securities commissions
- arbitrations brought under the Arbitration Program of the Investment Dealers Association of Canada
- representation of management in hostile takeover bids
- securities arbitration involving individual investors
- litigation relating to registration and issuing of securities
- corporate governance disputes
- shareholder derivatives and similar actions for public companies
- valuations and relating claims for private companies
- injunctive and other proceedings relating to departing sales representatives including matters relating to allegations of breaches of fiduciary duties, confidentiality terms and/or restrictive covenants
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.