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More than a law firm – that’s the
Foglers Advantage.
Scotia Plaza
40 King Street West, Suite 2400
P.O. Box #215
Toronto, ON M5H 3Y2
2025 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 litigation lawyers have wide-ranging experience in securities and broker/dealer proceedings and the breadth of remedies sought in securities cases. We are able to creatively and persuasively present or defend such claims on behalf of our clients.
We have represented investment dealers, mutual fund dealers, registered representatives, salespersons, compliance professionals and other market participants.
We have represented investment dealers, mutual fund dealers, registered representatives, salespersons, compliance professionals and other market participants.
Our securities litigators have been involved in a variety of securities-related litigation matters, including:
- 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
- representation in hostile take-over bids
- securities arbitration involving individual investors
- 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
- employment-related matters arising from the financial services sector
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 Real Estate litigation group is committed to finding the most favourable, cost effective solutions to real property disputes.
We represent vendors, purchasers, developers, builders, financial institutions, investors, financial brokers, contractors, owners, condominium corporations and board members in a wide variety of disputes, involving, but not limited to:
- enforcement of agreements of purchase and sale and other real estate contracts;
- representation of landlords and tenants with respect to forfeiture and termination of leases and the enforcement of rights and remedies granted by contract and applicable law;
- enforcement under the Condominium Act, 1998;
- condominium declarations, by-laws and rules enforcement;
- mediations/arbitration proceedings;
- secured transactions;
- construction contracts;
- construction defects;
- real estate investment partnerships;
- title insurance;
- specific performance;
- trespass/nuisance claims;
- adverse possession disputes, boundary disputes and access disputes;
- easements and rights of way disputes;
- by-Law and Regulatory infractions; and
- all aspects of land development before Courts and Tribunals.
From litigation involving tenants, landlords, subtenants, licensees, property managers, and related parties, through alternate dispute resolution, our sole objective is to achieve the best possible solution for our clients in the most cost effective manner possible.
We understand that litigation is bad for business. That’s why our Corporate and Commercial Litigation team is experienced, aggressive and results-oriented. Knowing our clients’ business and their interests in any particular dispute has allowed us to manage and direct the dispute to the desired outcome. Our lawyers have successfully represented individuals, partnerships and corporations of all sizes in commercial disputes through appearances before all levels of courts and tribunals.
Our lawyers are also well-versed in all modes of alternate dispute resolution including arbitrations and mediations. We spare no effort and overlook no detail when preparing a litigation strategy in consultation with our clients. To that end, we are able to provide creative and high-quality advice to resolve disputes favourably, so our clients can do what they do best – carry on with running their businesses.
Cases in which our litigators are frequently involved include:
- shareholder and partnership disputes
- minority shareholders oppression actions and derivative actions
- directors’ and officers’ liability
- banking litigation including bills of exchange, letters of credit, guarantees and financial services
- non-competition agreement disputes
- injunctions
- wrongful interference with contractual relations and unfair competition claims
- other tort claims, including negligence, misrepresentation, fraud, concealment, conversion, defamation, trade libel or breach of confidence and breach of fiduciary duty
- product liability claims
- secured and unsecured debt collection actions
- enforcement of franchise agreements and other business contracts
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
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