Litigation and Dispute Resolution

For forty years, we have tried and litigated complex commercial and civil cases, obtaining the best possible results for our clients. 

Our Litigation and Dispute Resolution Group delivers a full range of advocacy services, with expertise in a wide variety of commercial and corporate related matters. We are fully equipped to represent our clients in the resolution of complex substantive disputes and problems.

When business and commercial disputes can’t be resolved through simple negotiation, we are positioned to take matters to the next level. At Fogler Rubinoff, our litigators are problem-solvers, using the legal system – whether through mediation, settlement, or going all the way to trial – as the means through which we achieve creative yet practical results to move your business forward.

Specialized groups within the litigation department provide advice and advocacy in civil, quasi-criminal and administrative proceedings. We are committed to a client centered and practical approach to address your litigation needs. Our lawyers prepare and outline strategies offering imaginative, creative and ‘out-of-the-box’ 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 forcefully advocate on our clients’ behalf throughout the litigation process.

We work with our clients to develop commercially reasonable solutions to problem transactions and situations, including the use of alternative dispute resolution mechanisms.

Related Expertise

Administrative and Regulatory

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Administrative and Regulatory

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
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Arbitration and Alternative Dispute Resolution (ADR)

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Arbitration and Alternative Dispute Resolution (ADR)

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.

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Broker/Dealer Litigation

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Broker/Dealer Litigation

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
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Commercial Litigation

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Commercial Litigation

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 with 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
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Employment Litigation

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Employment Litigation

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
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Estate Litigation

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Estate Litigation

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.

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Insurance Litigation

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Insurance Litigation

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.

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Intellectual Property Litigation and Dispute Resolution

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Intellectual Property Litigation and Dispute Resolution

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.

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Judicial Reviews and Appeals

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Judicial Reviews and Appeals

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.

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Professional Regulation and Discipline

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Professional Regulation and Discipline

We act for professionals of all vocations including physicians, nurses, dentists and other health professionals, engineers, architects and accountants on issues of professional conduct and practice review.

We help our clients develop a plan and process, as well as provide strategic and legal advice and representation from the first professional council or college notification, through to hearings and appeals. We provide advice and act for clients on matters related to complaints, discipline, quality assurance, fitness, practice and registration issues.

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Real Estate Litigation

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Real Estate Litigation

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.

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Securities Litigation

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Securities Litigation

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
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Tax Dispute Resolution

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Tax Dispute Resolution

Combining expertise in tax law with litigation skills, our Tax Litigation group represents clients at all levels with the Canada Revenue Agency and other government agencies and in tax disputes arising under provincial statutes such as provincial income and capital taxes, sales taxes and payroll taxes. Where resolution is not possible at the administrative level, we act as litigation counsel before the Courts.

Drawing on our extensive experience, knowledge, skill and resources, we strive to ensure that our clients receive excellent legal representation.

The Tax Litigation group consists of tax appeals including representation during audits, tax objections, voluntary disclosure (commonly known as tax “amnesty”) applications, fairness applications and appeals in the Tax Court of Canada, Federal Court of Canada and the Ontario Superior Court of Justice.

We have acted on behalf of clients on a wide range of issues including not only substantive tax matters, but also procedural matters such as search and seizure, claims for privilege and requirements to provide foreign-based information.

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