As a health professional, you accept a degree of risk exposure but, to the greatest possible extent, take prudent measures to mitigate that risk. Despite that fact, at some stage of your career you may encounter civil action, in which case you will appreciate the extensive experience of our Health Law group. Members of our group have experience in the defence of civil actions against health care practitioners including negligence and other related claims.
We also accept retainers from insurers that may be providing coverage in the event of actions of this nature.
If you are planning to have a child through an assisted reproductive procedure or will either be using a Surrogate, sperm or egg donor or have been asked to assist in one of these ways, our Health Law group provides advice on all aspects of reproductive technologies. Our services include:
advice on assisted reproduction laws and their implications
drafting assisted reproduction agreements that meet individual needs, including egg and sperm donor contracts and surrogacy (gestational carrier) agreements
explaining rights and obligations under assisted reproduction agreements
answering questions and addressing concerns throughout the reproduction process
The purchase or sale of assets in insolvency situations poses some unique challenges to parties involved. We have a broad range of experience to meet these challenges, including:
acting for trustees in bankruptcy in asset sales
acting for private receivers and court-appointed receivers in the sale of assets
acting for debtors selling assets under the proposal provisions of the BIA
acting for purchasers acquiring assets in bankruptcy, proposal, receivership or CCAA proceedings
obtaining Bulk Sales Act exemptions for bulk sales
selling or purchasing assets under the PPSA
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
When restructuring under the BIA or CCAA or in receiverships, a debtor will often require interim financing. As a result of the last round of bankruptcy reforms, there are now statutory provisions under the BIA and CCAA allowing for DIP financing and DIP charges to be obtained by the debtor during the course of any such proceedings. In this regard, we have acted for the following:
DIP lenders in BIA Proposal, receivership and CCAA proceedings
debtors obtaining DIP financing in receiverships and BIA proposal proceedings
proposal trustees in support of the DIP financing and charge in proposal proceedings
secured creditors obtaining a “carve-out” from the DIP charge in BIA Proposal and CCAA proceedings
You have unique and complex needs for your real estate financing that demand experience and efficiency. Our Commercial Real Estate team has a reputation for excellence and we pride ourselves on our ability to propose innovative secured financing solutions for commercial properties to suit your needs. We regularly act on behalf of both lenders and borrowers, including leading financial institutions, investment dealers, real estate investment trusts, private partnerships, and investors.
We will assist you in all aspects of your commercial real estate financing, from the negotiating and drafting of loan agreements and commitment letters, to the preparation of all supporting documentation. We assist our clients with all types of financings, including:
acquisition financing
construction financing
conventional mortgage lending
securitizations
project financing
restructurings
All employers are required to provide a safe work environment and promote the safety of their employees and, where applicable, must have statutory insurance in place. We provide practical and strategic advice to our clients with respect to workplace safety issues, including:
applying the legislation
meeting statutory obligations
navigating the claims process
navigating the labour market re-entry process
providing representation before the applicable administrative tribunal
All employers are required to provide a healthy and safe workplace. We provide practical and strategic advice to our clients with respect to health and safety issues, including:
compliance with health and safety legislation drafting health and safety policies drafting workplace violence prevention policies
drafting workplace harassment policies
training workers on issues of workplace violence and harassment as required under Bill 168
advising employers about the minimum legal standards and duties of employers, managers, supervisors and employees
representing employers before regulatory authorities when there is a workplace accident or illness
defending against orders or penal offences
We provide practical and strategic advice to our employer clients on a broad range of labour-related issues, including:
applications for certification
best practices to avoid applications for certification
negotiating and interpreting collective agreements
responding to and/or commencing unfair labour practice complaints
collective bargaining and interest arbitration
advising on bad faith bargaining complaints
advising on de-certification applications
strikes, lockouts, injunctions, picketing
successor employer applications management training
offering strategic advice during grievance process
judicial review applications
representing our clients before Provincial and Federal labour relations boards and arbitrators
We provide practical and strategic advice to our clients with respect to human rights issues, including:
harassment
discrimination
accommodation
workplace investigations
drafting and implementing anti-harassment policies
drafting and implementing anti-discrimination policies
drafting and implementing accommodation policies
representing our clients before the Ontario Human Rights Tribunal, the Canadian Human Rights Commission and the Canadian Human Rights Tribunal
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