PROFILE
Samantha is a strong litigator with wide-ranging experience in real estate litigation, professional liability disputes and business disputes.
Samantha is a diligent and strategic lawyer and clients appreciate her ability to find creative solutions to litigation in a variety of alternative dispute resolution settings. She has acted as counsel in trials and motions for summary judgment involving solicitor negligence claims, disputes over breached real estate agreements, and other contractual disputes before the Ontario Superior Court, the Court of Appeal for Ontario the Supreme Court of British Columbia.
Since 2018 Samantha has served on the Civil Litigation executive of the Ontario Bar Association. Samantha regularly chairs professional development seminars for the OBA.
Samantha takes an active role in mentorship and associate development at Folgers and leads FR Litigation Lab seminars focused on associate skills development and practice management.
Publications
APRIL 04 2022
Conflicts of Interest in Joint Retainers
Joint retainers must be started and ended with caution and conducted with due regard for all of the clients that a lawyer jointly serves.
Recent news reports from the Rogers family litigation provide an example of the risks of conflicts of interest in joint retainers.
Not all situations will be as headline-grabbing as the Ontario Superior Court Application by three Rogers family members seeking to prevent a Bay Street law firm from acting, but the story serves as a good reminder of the procedures in creating and carrying out the joint retainer.
MARCH 08 2022
Women in Real Estate
In honour of International Women’s Day, this issue focuses on women in real estate. Over the past two years, the real estate industry has seen a transformation in how and where we live, work and shop. In this issue we had the pleasure of profiling Shirley Bai and Amanda Carew, both are partners in our commercial real estate group. It was a great opportunity to get to know some of the faces of Foglers better and learn about their practice. We also had the opportunity to interview Jennifer Suess, Senior Vice President, General Counsel & Corporate Secretary at RioCan, Paula Gasparro, Vice President Real Estate Finance at CMLS Financial, and Marnie Taylor, Commercial Real Estate Counsel at Skyline Asset Management Inc. In our conversations with these women, they shared their perspective on leadership, the transformative changes in the real estate sector and what they each foresee as the ‘new normal’ as we enter 2022.
Articles in this issue:
- Don’t be Afraid to Take a Chance on Yourself: A Conversation with Jennifer Suess
- Leading By Example: A Q&A with Paula Gasparro and Marnie Taylor
- Helping Clients Stay One-Step Ahead: A Profile on Shirley Bai, Partner Commercial Real Estate
- Bringing Maritime Charm to Bay Street: A Profile on Amanda Carew, Partner Commercial Real Estate
NOVEMBER 18 2021
Does the Duty of Good Faith Create an Obligation to Agree to Extensions of a Closing Date?
Since 2014, the Supreme Court has released a trilogy of cases finding and expanding on the duty of good faith in contractual performance. Parties to an agreement of purchase and sale are under a duty to act in good faith and have an obligation to take all reasonable steps to complete the contract. The majority of real estate contracts have clauses providing that time is of the essence. This article considers whether the duty of good faith changes parties' obligations on closing of a real estate transaction. When faced with a request to extend the closing date, is the counterparty obliged by the duty of good faith to agree? Is time still of the essence?
MAY 27 2021
Virtual Hearings Best Practices
Wondering what should happen in civil litigation when the "new normal" arrives? Samantha Green interviews Anne Posno, David Steinber and Nadia Campion on virtual hearings best practices. To read their perspective visit the OBA article link here: https://www.oba.org/Sections/Civil-Litigation/Articles/Articles-2021/May-2021/Interview-with-Anne-Posno-David-Steinberg-and-Nad
MAY 19 2021
To Whom It May Concern: Reminder on the Importance of Retainer Letters
On April 7, 2021, in Goldentuler v. Simmons Dasilva LLP, 2021 ONCA 219 (CanLII) the Court of Appeal dismissed the Plaintiff lawyer’s claim for negligence against the Defendant lawyers on the basis that the Defendants had not been retained by the Plaintiff, and therefore the Plaintiff had no legal capacity to sue the Defendant lawyers.
MAY 05 2021
Asking a lawyer to give an opinion on their own negligence? When Discovery goes too far.
In Marshall v. Jackson, 2021 ONSC 2361 (CanLII), released April 1, 2021, Justice Morgan overturned, in part, a Master’s decision to require a lawyer sued for negligence to answer two questions refused on discovery.
JUNE 19 2020
Congratulations to the Foglers lawyers elected to the 2020-2021 OBA Section Executive
Congratulations to Albert Engel, Samantha Green, Olga Samsonova, Jared Schwartz and Bill Taggart on being elected to the 2020-2021 Ontario Bar Association's Section Executive.
MARCH 20 2020
COVID-19: Is Your Agreement of Purchase and Sale Enforceable?
In this new and sudden reality, some people are facing this significant question: do agreements of purchase and sale signed before the outbreak remain enforceable?
FEBRUARY 06 2020
Litigation in the Digital Age: A Guide to the Paperless Practice
On February 6, Samantha Green will be co-chairing the OBA Institute: Litigation in the Digital Age: A Guide to the Paperless Practice. Ron Davis will also be presenting at the program on the topic of “What You Need to Know in a Digital Practice.”
JUNE 12 2018
Congratulations to Samantha Green on her OBA Civil Litigation Section Executive Appointment
Congratulations to Samantha Green on her recent appointment to the OBA’s 2018-2019 Civil Litigation Section Executive as a Member-at-Large.
MARCH 17 2016
8 Tips for Building a Successful Alternative Fee Arrangement
Alternative Fee Arrangement (AFA) has become a buzzword in the legal community, and lawyers should expect clients to ask to enter into an AFA. Prepare yourself with these eight important tips for building an AFA.
Practice Areas
Publications
"Administrative Justice and Innovation: Beyond the Adversarial/Inquisitorial Dichotomy", by Samantha Green and Lorne Sossin, The Nature of Inquisitorial Processes in Administrative Regimes, ed. Laverne Jacobs and Sasha Baglay (Ashgate), 2013
Speaking Engagements
- Program Chair, Ethics and Civility in Litigation in the Changing Social Dynamic, OBA Insurance Law Program, November, 2020
- Program Chair, Litigation in the Digital Age: A Guide to the Paperless Practice, OBA Institute, February, 2020
- Speaker, Privacy Litigation and Regulatory Update, Lexpert's 10th Annual Privacy and Data Protection Seminar, November, 2018
Memberships
- Ontario Bar Association, 2021-2022 CPD Liaison, Civil Litigation Section Executive and Member-at-Large, Women Lawyers Forum
- The Advocates' Society
- Canadian Bar Association
- Law Society of Ontario
Education
- University of Toronto, Juris Doctor, 2012
- University of Ottawa, Bachelor of Social Studies in Political Science and Public Administration, 2009
Community Involvement
Samantha is a member of the Grants Committee for Proaction, Cops and Kids, an organization that funds interactive programs for police officers and youth.
