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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
2024 Fogler, Rubinoff LLP
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 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.
The Insurance and Tort 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.
Our practice encompasses all aspects of insurance and tort litigation including:
- life and disability
- medical malpractice, hospital and nursing claims
- personal injury for plaintiffs and defendants
- property loss
- securities
- corporate
- CGL coverage
- construction insurance
- directors and officers liability
- errors and omissions
- professional liability including accountants, engineers and architects, insurance brokers, stock brokers, and real estate brokers
- product liability
- bad faith and breach of fiduciary duty
- fraud
- transportation related claims
To complement our claims litigation practice, our insurance and tort lawyers provide opinions on coverage and policy interpretation and represent clients in a wide variety of commercial and contractual disputes.
Our litigation team provides clients with comprehensive expertise when acting for both appellants and respondents in appeals and applicants or respondents in judicial reviews. We are equipped to assess the viability and feasibility of a potential appeal and to provide the focus and substantive law expertise required for a variety of complex judicial review matters.
With a creative mindset and the experience of managing a broad range of commercial and regulatory matters, we have the skills necessary to craft effective oral arguments to achieve our clients’ goals.
We regularly act for banks, other financial institutions and creditors in the collection of debts and enforcement of security. In particular, we are often engaged to realize on assets under debt instruments and through the use of the following legislation:
- PPSA (i.e., sales; foreclosures)
- BIA (i.e., interim or national receivers)
- Mortgages Act (i.e., power of sale)
- Repair & Storage Lien Act (i.e., possession of repaired or stored assets)
- OBCA and CBCA liquidation and wind up provisions
Our Health Law group has vast experience advising health care practitioners on all aspects of their relationships with regulatory colleges. As a health care practitioner, you recognize the significant degree of exposure you face in the event of a College complaint, and understand that expert representation is vital. In such cases, you’ll appreciate the confidence our experienced team brings to the representation of health care professionals subject to proceedings before their Regulatory College or at the Health Professions Appeal and Review Board.
Our expertise includes a variety of complex, sensitive and challenging matters relating to:
- defence of health care professionals in disciplinary matters before their college such as sexual impropriety, breaches of standards and conflicts of interest
- assisting new or foreign trained practitioners to obtain registration
- providing advice and representation to health care practitioners accused of being incapacitated, including assistance before boards of inquiry and fitness to practice committees
- representation of health care practitioners in peer review/assessment and before the quality assurance committees of the various regulatory colleges
- handling appeals and judicial reviews of adverse decisions
- advocating for physicians participating in the OMA’s Physician Health Program
The relationship between physicians and hospitals requires a balance of interests and priorities. Our Health Law group helps you maintain the best possible relationship while ensuring your interests as a health professional are consistently represented and protected.
We provide advice and representation in all aspects of the physician credentialing process and in response to immediate suspensions of privileges. Our effective and timely representation of physicians and midwives in privileges disputes includes the Credentials Committee, Medical Advisory Committee, Board of Governors and Health Professions Appeal and Review Board levels.
Medical malpractice claims can have devastating effects on all parties involved. The extensive litigation experience of our Health Law group positions our team to expertly assist you in the most complicated of medical and health care malpractice claims.
We have extensive experience acting for plaintiffs as well as defendants in medical malpractice litigation, with over 18 years experience in litigating medical malpractice claims. Our health law professionals also have extensive experience in medical malpractice and personal injury litigation, and have dealt with catastrophic cases where medical mistakes have led to paralysis, brain damage, compromised babies, wrongful death and other serious personal injury.
We can facilitate access to a wide variety of medical consultants in every field of specialty. Given the costly nature of medical malpractice litigation, we offer flexible fee arrangements, which reflect the unique nature of each case.
Our Health Law group provides advice and representation in matters involving the Mental Health Act, Health Care Consent Act and Substitute Decisions Act. Our lawyers have extensive experience in matters relating to the interpretation of legislation as it affects persons with mental illness. We understand the legislation and can advise as to its implications. In this sector, we represent physicians, patients, institutions and regulators.
