As a partner in the Employment and Labour Group, Andrea represents employers in wrongful dismissal actions and provides advice to employers in all facets of employment law including negotiating and drafting employment agreements, severance packages, confidentiality agreements, non-competition agreements, non-solicitation agreements, termination letters and human resource policies.
Andrea also provides advice to employers regarding employment standards, human rights and human resource issues. Andrea frequently attends the workplace itself to provide training seminars and to conduct workplace investigations. She has significant experience in injunctive proceedings as they relate to the enforcement of restrictive covenants contained in employment contracts.
Andrea publishes a newsletter entitled Employment Matters and is bilingual in English and French.
Ross is a Partner in the firm’s Litigation and Dispute Resolution group.
Ross has a broad practice, including commercial litigation, construction law, tax litigation, estate litigation and health law matters. Ross has appeared before various courts and tribunals in Ontario.
Ross is recognized by his peers in The Best Lawyers™ in Canada, in the area of Construction Law.
Rob Macdonald is a Partner in the firm’s Litigation and Dispute Resolution Group. Rob maintains a general civil and commercial litigation practice with a focus on debtor and creditor disputes, mortgage litigation, bankruptcy and insolvency litigation, real estate disputes and insurance litigation.
Rob has acted for individuals and corporations, including banks, financial lenders, developers, and energy companies in a variety of matters including shareholder and partnership disputes, oppression remedy proceedings, insurance coverage disputes, negligence claims, injunctive proceedings, contractual disputes and a variety of debtor-creditor disputes. Rob has appeared at every level of the Court in Ontario, including the Court of Appeal for Ontario, and various administrative tribunals.
Rob completed his undergraduate studies at McGill University before attending the University of New Brunswick for law school.
Prior to joining Fogler, Rubinoff in 2014, Rob articled and practiced with a commercial litigation firm in Toronto. Rob was admitted to the bar in Ontario in 2011.
David is a Partner in Fogler, Rubinoff LLP’s Litigation Group, recognized for his tenacity, strategic judgment, and relentless pursuit of results in complex commercial disputes.
David regularly acts as lead counsel in complex litigation and arbitrations before all levels of court in Ontario and the Federal Courts, as well as before arbitral and administrative tribunals. His practice spans a broad range of commercial matters, including shareholder and partnership disputes, fraud and asset recovery, and large-scale insolvency and restructuring-related litigation. He has extensive experience managing multifaceted disputes involving multiple stakeholders, high financial exposure, and urgent strategic considerations.
He has particular expertise in obtaining and defending extraordinary equitable remedies, including Mareva, Anton Piller, and other interlocutory injunctions. David is frequently retained in urgent, high-risk situations requiring immediate court intervention to preserve assets, secure evidence, or maintain the status quo. He is adept at navigating the evidentiary and strategic complexities of these motions and has a strong track record of success in time-sensitive proceedings.
Beyond the courtroom, David is a trusted advisor, valued for his commercial insight, responsiveness, and ability to anticipate risk and opportunity. He has built a significant independent practice and is known for coordinating multidisciplinary teams to deliver seamless, strategic outcomes.
David exhibits leadership within and beyond the firm. He currently chairs the firm’s Artificial Intelligence Taskforce and plays an active role in diversity and inclusion initiatives. A committed mentor, he is deeply invested in developing junior lawyers and fostering excellence within the profession.
A former member of the Canadian Armed Forces, David brings discipline and resilience to his practice. He was a recipient of the Lexpert Rising Stars award for leading lawyers under 40 in Canada, and the University of Ottawa’s Outstanding Alumni Award.
Case Highlights
David acted for a director and owner of Canada’s largest private lending enterprise in a $1.5 billion action brought by PwC which was appointed as receiver over the enterprise by the Court. The action alleges a pattern of misconduct, including breaches of fiduciary duty, oppression, fraud, and the misappropriation and diversion of investor funds, in connection with the management and deployment of hundreds of millions of dollars raised from investors.
David obtained a $12 million judgment on behalf of a large Singapore-based casino against a China-based billionaire. Following judgment, he successfully traced and located assets that had been moved into Canada, secured a Mareva injunction freezing approximately $35 million, and ultimately leveraged that recovery strategy to achieve a favourable negotiated resolution.
David defended a client in connection with actions brought by senior and subordinate construction lenders to enforce guarantees for $200 million and $595 million related to one of the largest development projects in Canada.
David defended former executives of a large technology/payroll management company from a $20 million claim alleging that the departing executives had breached their restrictive covenants, established a competing business, and stole confidential information. David succeeded in having the plaintiff’s injunction dismissed at the interlocutory injunction stage and obtained a six-figure cost award for his clients. More importantly, his clients were free to continue pursuing their new enterprise.
David acted as counsel for Kimberley Fawcett in her high-profile and precedent-setting case stemming from a catastrophic accident in which she lost her infant son and sustained life-altering injuries, including the amputation of her leg. In the years that followed, Captain Fawcett pursued disability benefits and recognition from the federal government, challenging decisions that denied or limited her entitlement to compensation on the basis of how the incident was characterized under applicable military compensation regimes. David advanced her claims through a complex and protracted process, challenging adverse determinations and pressing for a fair interpretation of the governing compensation framework. His advocacy succeeded in elevating the case, both legally and publicly, and in holding decision-makers accountable for Captain Fawcett’s injuries and recognizing her service.
Alex is a Partner in the Commercial Real Estate group.
He acts for landlords, tenants, REITs, First Nations, developers, franchisors, franchisees, lenders and property managers in respect of industrial, commercial, retail, renewable energy, residential, restaurant, cannabis and office leases.
Alex also acts for clients on a number of corporate/commercial matters, including advising on, drafting and negotiating various commercial contracts.
Alex has written articles on commercial leasing, led roundtables and made presentations at the International Council of Shopping Centres and the Law Society of Ontario.
Gary has extensive experience working as a lawyer and advisor in various industries. He practices in a number of areas of business law, including mergers and acquisitions, private equity and venture capital, capital markets and securities, corporate finance, energy and technology.
He regularly advises Canadian and international companies, underwriters, investors and professional advisors on a range of transactions, including IPO’s, private placements, RTO’s, mergers, acquisitions and divestitures, corporate governance, compensation programs, private equity, venture capital, partnerships, joint ventures and reorganization transactions. He has managed many legal teams on significant, complex transactions.
Gary also represents a number of Indigenous Communities, and their institutions across Canada on business transactions, the formation of economic development groups and other matters focused principally on governance and wealth creation. Gary often works as co-counsel to leading national law firms specializing in Aboriginal law who focus on land claims negotiations, aboriginal and treaty rights advocacy, and consultations with government and industry. Gary provides advice on major commercial and industrial developments and impact benefit agreements throughout Canada, including in respect of infrastructure, energy transmission, renewable energy generation, logistics and transportation projects.
Gary is a repeatedly recommended lawyer in the Canadian Legal LEXPERT™Directory in Indigenous Law, as well as a leading lawyer in The 2024 Best Lawyers™ in Canada publication in the area of Indigenous Law.
Gary has been a member of the Board of Directors of a number of publicly traded and private corporations in various industries. Currently, he is a director of a publicly-traded wireless technology company, a private utility company providing clean energy solutions, a private managed equipment services company providing turn-key and fully financed equipment solutions in the health care sector, and a private project management and service delivery platform company providing wealth generation systems for First Nations and their service providers. He has sat on various committees of these Boards, including the Audit and Risk Management Committee, Corporate Governance Committee (Chair) and Compensation and Human Resources Committee. As a result of his legal training and past involvement in various private businesses as an investor, owner and operator, he is actively sought out as a sounding board by his clients on both legal and business matters.
Eric practices corporate and commercial litigation and dispute resolution with a special focus on trust, estate and charity/not-for-profit law. Eric also has extensive experience in construction litigation and real property disputes.
Eric also mediates commercial and estate/trust/capacity disputes, helping the parties find a mutually beneficial resolution. The parties, and their lawyers, appreciate Eric’s ability to understand what is truly important to each person and help them develop solutions which allow them to move on, leaving the litigation behind them.
Eric has appeared as counsel at all levels of Ontario courts and at the Supreme Court of Canada.
Eric regularly appears before the Toronto Estates List. His broad experience in trust and estate disputes includes passing of accounts, will challenges, guardianships, dependant relief applications, interpretations, variations, rectifications, and related proceedings.
Eric’s experience in construction, real property and commercial leasing disputes includes construction lien and trust claims, professional negligence, product liability, mining, land rights, boundary and mortgage enforcement proceedings.
As a corporate commercial litigator, Eric has helped clients with fraud investigation and recovery, shareholder disputes, oppression remedies, debt collection, foreign judgement enforcement and risk management advice for private companies.
Alan’s practice focuses on Commercial Real Estate and Commercial Leasing. Alan works with clients to maximize their financial and business objectives.
Alan’s practice includes commercial real estate transactions consisting of acquisitions, dispositions and financing of revenue producing properties including joint ventures, construction, design/build projects and development projects. Alan also specializes in commercial leasing in the office, retail and industrial sectors for both landlords and tenants, representing and advising owners, developers, asset managers, hospitals, banks, Reits, retail chains and retailers in all aspects of leasing, negotiations, rights, remedies, operational and management matters.
Alan frequently speaks on real estate and commercial leasing matters for industry groups and professional organizations. He is also the co-organizer of a series of Annual Seminar Programs featuring guest CFO Hospital speakers who are Alan’s clients. These seminars are uniquely created for the Hospital sector to focus on creating and maximizing Retail Leasing Revenue for Hospitals. Prior to joining the firm, Alan was Senior Vice President and General Counsel of Olympia & York, an international real estate developer and owner, for 13 years.
Joseph’s practice focuses on commercial real estate transaction, commercial mortgages, and mortgage enforcement proceeding acting for both institutional and private investors.
Clients appreciate Joseph’s ability to navigating them through the challenging process of enforcing mortgages, both residential and commercial. Joseph also has significant experience in all facets of real estate work-outs and restructurings and acts as real estate counsel for receivers.
Joseph is recognized as a leading lawyer in The Best Lawyers™ in Canada for real estate law.
Martine is a partner in the firm’s Litigation and Dispute Resolution Group, with a focus on commercial litigation.
Martine acts for a broad range of clients, including individuals and corporations, both big and small. She recognizes that every client needs advice and a legal strategy that best suits their needs, with consideration of the financial costs of litigation. She has acted in a variety of matters, including cases involving real estate and property disputes, shareholder disputes, oppression remedy proceedings, Mareva and other injunctive proceedings, negligence claims, contractual disputes and estate litigation.
Prior to becoming a lawyer, Martine devoted an extensive amount of her life to training for and playing hockey at the highest level. She was a Division I All-American at the University of New Hampshire, and also played for the Team Canada Under 22 women’s hockey team program for several years. Martine worked her way up from being at the bottom of the Under 22 program’s rankings (and not making the team her first year), to becoming part of the Team Canada Senior National team. Martine achieved a lifelong dream of playing for the Senior National Team at the Four Nations Tournament in Sweden in front of her family.
Martine brings to the court room the same work ethic, intensity and intelligence that she did to the arena. While she is a fierce advocate, she also recognizes that not all problems require litigation and early resolution is often the best result for clients. Where litigation is necessary, Martine will take a practical and strategic approach in order to advance her clients’ interests.
When she is not litigating, Martine and her wife, Suzanne, try to keep up with their two wonderful and exhausting children, Jack and Shea. She also tries to find time to stay active, either golfing and trying to keep her drives on the fairway, or playing hockey.
Martine is a member of the firm’s Diversity & Inclusion Committee, and understands the importance of making the firm a more diverse and inclusive place to work.
Representative Work
Represented an individual shareholder in an arbitration. The arbitrator dismissed the opposing parties’ claims of oppression against the client and further denied their request to wind up the corporation.
Represented a commercial landlord and successfully received an order for security for costs against a defaulting tenant corporation.
Represented a dentist in a claim against him relating to the sale of his dental practice.
Represented an individual shareholder who jointly owned a motor vehicle dealership with a friend. The client alleged oppression against the defendants. The Court found the defendants had oppressed our client, and awarded damages: Tahmasebi v Hamid, 2021 ONSC 3775 (CanLII).
Represented a mortgagee in obtaining judgment against defaulting mortgagor following power of sale.
Represented First Nations’ client in action involving dispute over reserve land.
Represented a corporation in an oppression remedy application brought by a shareholder.
Represented a commercial landlord in an action for unpaid rents against a tenant that vacated the premises prior to the expiry of the lease.
Represented an exporter in a claim against a supplier for breach of the Sale of Goods Act.
Represented a corporation and its principal in a defamation lawsuit against a former business partner.
Represented a musician in a breach of contract claim by a former manager.
Represented a motor vehicle dealership in defending claim by a former customer.
Represented a not-for-profit corporation in dispute against former partner in a project.
Represented a manufacturer of goods against a distributor in a claim for breach of contract, unjust enrichment and a claim for fraudulent conveyance under the Fraudulent Conveyances Act. Martine successfully obtained a Mareva injunction against the defendants at the outset of litigation: S. Cohen Inc. v FD Apparel Limited, 2017 ONSC 2734 (CanLII).
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