Practice Specialties - Toronto Law Firm - Himelfarb Proszanski Himelfarb Proszanski, Toronto, Ontario. Our services include personal injury, corporate law, civil litigation, real estate, employment law, and international business. http://www.himprolaw.com/practice-specialties 2016-05-27T04:02:23+00:00 Himprolaw info@himprolaw.com Joomla! - Open Source Content Management Corporate Commercial 2011-10-25T16:35:05+00:00 2011-10-25T16:35:05+00:00 http://www.himprolaw.com/practice-specialties/corporate-commercial Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/corporate-commercial.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Himelfarb Proszanski is a full service law firm and is committed to utilizing all available resources to provide the most comprehensive representation possible and assist clients both domestically and internationally. Our multi-disciplinary approach to providing excellent legal services allows us to better represent business clients, anticipate issues and formulate solutions, and present all options when it comes to making critical business decisions.</p> <p>The firm is also a member of CONSULEGIS, an international association of law firms comprised of over 1600 lawyers located in over 40 countries around the world. In addition to increasing the firm’s reach across the globe, this affiliation provides our domestic and international business clients with a network of contacts and allows us to provide seamless representation no matter where clients or their business interests are located. Additionally, our lawyers have undergraduate and graduate degrees in business administration as well as Canada Securities Course qualification, substantially increasing the value of our legal advice to business clients.</p> <p>Please feel free to contact us regarding any of the following matters:</p> <ul> <li>Incorporation, Business Formation, Shareholder Agreements/Disputes, and Corporate Governance</li> <li>Business Financing</li> <li>Corporate Reorganizations</li> <li>Business Purchases and Sales</li> <li>Contracts/Franchises</li> <li>Labour and Employment Law</li> <li>Bankruptcy and Reorganization</li> </ul> <h2>Incorporation, Business Formation, Shareholder Agreements/Disputes, and Corporate Governance</h2> <p>We provide services in relation to incorporating federal and provincial companies and provide strategic advice regarding director and officer responsibilities and obligations. In addition, our lawyers negotiate and draft shareholder agreements and provide succession planning and exit strategy advice. We also provide sound legal advice on and draft all necessary documentation for the creation of alternate business entitles such as, joint ventures, co-ownership, partnerships, non-profit corporations, and limited liability partnerships. In the event of a shareholders’ dispute, we can offer objectively creative options and alternatives to resolve the dispute and minimize costs to our clients. We also provide numerous services and valuable advice with respect to the organization, governance, and dissolution of not-for-profit and charitable organizations.</p> <h2>Business Financing</h2> <p>Himelfarb Proszanski provides competent advice and expertly prepares all necessary documentation with respect to all aspects of business financing, including security agreements and registrations pursuant to the Personal Property Security Act, equipment lease agreements, factoring transactions, and debenture financing transactions. Our strategic advice and recommendations on the structuring of transactions helps minimize risks for institutional and private lenders. We also advise borrowers on their individual financing requirements, use our experience to negotiate terms of loans and security documents, and seamlessly facilitate financing transactions between lenders and borrowers.</p> <h2>Corporate Reorganizations</h2> <p>We assist in corporate reorganizations, including mergers and acquisitions, share purchases and sales, corporate amalgamations, Section 85 and Section 86 Income Tax Act reorganizations, rollovers, estate freezes, and share exchange transactions.</p> <h2>Business Purchases and Sales</h2> <p>Our lawyers provide comprehensive advice with respect to all aspects of the purchase and sale of a business. We have negotiated and prepared agreements of purchase for the sale of assets and shares, and have provided tax advice and negotiation services with third parties to facilitate the completion of the transaction. We also prepare all necessary documents to complete purchase and sale transactions, and attend to closing of the transactions.</p> <h2>Contracts/Franchises</h2> <p>The Corporate Commercial Law Group of Himelfarb Proszanski has developed specific expertise in the preparation of all types of contracts including, contracts involving sales of goods, joint venture agreements, co-ownership agreements, business combination agreements, non-disclosure and confidentiality agreements, licensing agreements, distribution agreements, and intellectual property contracts regarding matters such as trademarks, copyright, and re­seller agreements. In addition, we advise both franchisors and franchisees with respect to all aspects of franchise law, including disclosure obligations pursuant to the Arthur Wishart Act. We also are highly qualified to advise clients in the field of privacy and have prepared PIPEDA compliant privacy policies for numerous businesses.</p> <h2>Labour and Employment Law</h2> <p>Given the Firm’s diverse client base, we have extensive knowledge in all aspects of employment law and regularly advise corporate clients and individuals in their legal rights and obligations. We have acted on matters with respect to Employment Standards Act compliance, employee termination, human rights issues, short and long term disability matters, and severance agreement matters.</p> <h2>Bankruptcy and Reorganization</h2> <p>For clients, we handle corporate restructurings pursuant to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act. Acting on behalf of borrowers, the firm has developed unique skills in negotiating forbearance agreements with creditors to delay the exercise of security so that clients can continue operations with a view towards restructuring in a profitable manner.</p> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/corporate-commercial.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Himelfarb Proszanski is a full service law firm and is committed to utilizing all available resources to provide the most comprehensive representation possible and assist clients both domestically and internationally. Our multi-disciplinary approach to providing excellent legal services allows us to better represent business clients, anticipate issues and formulate solutions, and present all options when it comes to making critical business decisions.</p> <p>The firm is also a member of CONSULEGIS, an international association of law firms comprised of over 1600 lawyers located in over 40 countries around the world. In addition to increasing the firm’s reach across the globe, this affiliation provides our domestic and international business clients with a network of contacts and allows us to provide seamless representation no matter where clients or their business interests are located. Additionally, our lawyers have undergraduate and graduate degrees in business administration as well as Canada Securities Course qualification, substantially increasing the value of our legal advice to business clients.</p> <p>Please feel free to contact us regarding any of the following matters:</p> <ul> <li>Incorporation, Business Formation, Shareholder Agreements/Disputes, and Corporate Governance</li> <li>Business Financing</li> <li>Corporate Reorganizations</li> <li>Business Purchases and Sales</li> <li>Contracts/Franchises</li> <li>Labour and Employment Law</li> <li>Bankruptcy and Reorganization</li> </ul> <h2>Incorporation, Business Formation, Shareholder Agreements/Disputes, and Corporate Governance</h2> <p>We provide services in relation to incorporating federal and provincial companies and provide strategic advice regarding director and officer responsibilities and obligations. In addition, our lawyers negotiate and draft shareholder agreements and provide succession planning and exit strategy advice. We also provide sound legal advice on and draft all necessary documentation for the creation of alternate business entitles such as, joint ventures, co-ownership, partnerships, non-profit corporations, and limited liability partnerships. In the event of a shareholders’ dispute, we can offer objectively creative options and alternatives to resolve the dispute and minimize costs to our clients. We also provide numerous services and valuable advice with respect to the organization, governance, and dissolution of not-for-profit and charitable organizations.</p> <h2>Business Financing</h2> <p>Himelfarb Proszanski provides competent advice and expertly prepares all necessary documentation with respect to all aspects of business financing, including security agreements and registrations pursuant to the Personal Property Security Act, equipment lease agreements, factoring transactions, and debenture financing transactions. Our strategic advice and recommendations on the structuring of transactions helps minimize risks for institutional and private lenders. We also advise borrowers on their individual financing requirements, use our experience to negotiate terms of loans and security documents, and seamlessly facilitate financing transactions between lenders and borrowers.</p> <h2>Corporate Reorganizations</h2> <p>We assist in corporate reorganizations, including mergers and acquisitions, share purchases and sales, corporate amalgamations, Section 85 and Section 86 Income Tax Act reorganizations, rollovers, estate freezes, and share exchange transactions.</p> <h2>Business Purchases and Sales</h2> <p>Our lawyers provide comprehensive advice with respect to all aspects of the purchase and sale of a business. We have negotiated and prepared agreements of purchase for the sale of assets and shares, and have provided tax advice and negotiation services with third parties to facilitate the completion of the transaction. We also prepare all necessary documents to complete purchase and sale transactions, and attend to closing of the transactions.</p> <h2>Contracts/Franchises</h2> <p>The Corporate Commercial Law Group of Himelfarb Proszanski has developed specific expertise in the preparation of all types of contracts including, contracts involving sales of goods, joint venture agreements, co-ownership agreements, business combination agreements, non-disclosure and confidentiality agreements, licensing agreements, distribution agreements, and intellectual property contracts regarding matters such as trademarks, copyright, and re­seller agreements. In addition, we advise both franchisors and franchisees with respect to all aspects of franchise law, including disclosure obligations pursuant to the Arthur Wishart Act. We also are highly qualified to advise clients in the field of privacy and have prepared PIPEDA compliant privacy policies for numerous businesses.</p> <h2>Labour and Employment Law</h2> <p>Given the Firm’s diverse client base, we have extensive knowledge in all aspects of employment law and regularly advise corporate clients and individuals in their legal rights and obligations. We have acted on matters with respect to Employment Standards Act compliance, employee termination, human rights issues, short and long term disability matters, and severance agreement matters.</p> <h2>Bankruptcy and Reorganization</h2> <p>For clients, we handle corporate restructurings pursuant to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act. Acting on behalf of borrowers, the firm has developed unique skills in negotiating forbearance agreements with creditors to delay the exercise of security so that clients can continue operations with a view towards restructuring in a profitable manner.</p> Employment Law 2011-10-25T16:48:55+00:00 2011-10-25T16:48:55+00:00 http://www.himprolaw.com/practice-specialties/employment-law Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/employment-law.jpg" border="0" alt="Employment Law" style="float: left; border: 0; margin: 0 10px 10px 0;" />Employment is a fundamental aspect of every person’s life, whether you are an employee or an employer. Managing terminations or other workplace issues can be extremely stressful. Himelfarb Proszanski has a team of leading employment lawyers, chaired by Soma Ray-Ellis who can assist in this process. We handle all legal aspects of the employment relationship including wrongful dismissal, human rights, Employment Standards and Canada Labour Code issues, contract drafting and review, workers compensation, occupational health and safety, cross-border labour law, privacy, and Human Resource consulting. We also draft policies and procedures on such things as workplace violence and harassment.</p> <div style="float: left; width: 270px;"> <div style="float: left;"> <p><img src="http://www.himprolaw.com/images/pages/lawyers/soma-ray-ellis.jpg" border="0" alt="" /></p> <p style="font-size: 13px;" ><a href="http://www.himprolaw.com/lawyers/soma-ray-ellis-1" >Soma Ray – Ellis</a><br /> <strong><a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span><br /> 416.599.9708</strong></p> </div> </div> <p>Employment is a fundamental aspect of every person’s life, whether you are an employee or an employer. Managing terminations or other workplace issues can be extremely stressful. Himelfarb Proszanski has a team of leading employment lawyers, chaired by Soma Ray-Ellis who can assist in this process. We handle all legal aspects of the employment relationship including wrongful dismissal, human rights, Employment Standards and Canada Labour Code issues, contract drafting and review, workers compensation, occupational health and safety, cross-border labour law, privacy, and Human Resource consulting. We also draft policies and procedures on such things as workplace violence and harassment.</p> <p>A strong focus on client service allows Himelfarb Proszanski to pride itself on its reputation for providing timely, professional, and cost effective services for our clients. We believe that working closely with our clients provides opportunities to produce the best possible results for both the client and the firm.</p> <p>Our lawyers are considered leaders in this field. We have published hundreds of articles and several texts on the topic of employment law. We are often interviewed on television and reported on in national newspapers as respected professionals in the field.</p> <p>If you have an employment issue and want an immediate response, please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h2>Bill 168: Violence and Harassment – Employers may be exposed to large fines</h2> <p>Bill 168 amends the Occupational Health and Safety Act with respect to violence and harassment in the workplace by requiring employers to implement certain programs, policies, and procedures.</p> <p>As of June 15, 2010, all employers with 5 or more employees are required to implement Bill 168. Failure to do so exposes companies to fines (maximum $500,000 per charge) and/or 12 month jail sentences for individuals.</p> <p>This Bill requires employers to develop a number of policies that we would be pleased to assist you with as follows:</p> <ul> <li>Violence and harassment policies and programs including spousal violence</li> <li>Employee reporting and incident investigation procedures</li> <li>Emergency response procedure (violence only)</li> <li>Process to deal with incidents, complaints and threats of violence</li> </ul> <p>Employers are also required to complete a risk assessment of the type of work or the conditions of work and of potential violence hazards that may arise due to the nature of the workplace before developing and implementing a policy or program. These policies and programs must be posted. These requirements are in addition to requirements under human rights legislation.</p> <p>If you require assistance to bring your company’s policies and procedures in line with the new government regulations, please email or call Soma Ray-Ellis at <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span> or 416.599.9708.</p> <p>Wrongful Dismissal</p> <p>In Canada an employer may terminate an employee at the employer’s discretion. There are very few exceptions where employment is guaranteed for a period of time. Generally, if there is no legal cause for the termination such as fraud, theft, breach of confidential information etc., the employer must give the employee either reasonable notice or pay in lieu of notice.</p> <p>In order to determine how much working notice or pay in lieu of notice is to be given to an employee, several factors must be considered:</p> <ul> <li> the length of service</li> <li> the employee’s age</li> <li> the character of the employment</li> <li> the availability of similar employment having regard for the experience, training and qualifications of the employee.</li> </ul> <p>We have collectively settled thousands of wrongful dismissal cases successfully, and are often involved in writing and speaking about this topic in the media.</p> <p>If you have a wrongful dismissal matter, contact one of our highly-skilled lawyers to assist you. Please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <p>Human Rights</p> <p>Human rights are quickly becoming one of the growing legal issues in the work place. Workplaces that are provincially regulated are governed by the Ontario Human Rights Code. Federally regulated workplaces are governed by the Canadian Human Rights Act. The protected grounds vary depending on the legislation.</p> <h2>The Ontario Human Rights Code protects against employment discrimination based on:</h2> <ul> <li>race</li> <li>ancestry</li> <li>place of origin</li> <li>colour</li> <li>ethnic origin</li> <li>citizenship</li> <li>creed</li> <li>sex</li> <li>sexual orientation</li> <li>age</li> <li>record of offences</li> <li>marital status</li> <li>family status</li> <li>disability</li> </ul> <h2>The Canadian Human Rights Code protects against employment discrimination based on:</h2> <ul> <li>race</li> <li>national or ethnic origin</li> <li>colour</li> <li>religion</li> <li>age</li> <li>sex</li> <li>sexual orientation</li> <li>marital status</li> <li>family status</li> <li>disability</li> <li>conviction for which a pardon has been granted</li> </ul> <p>In 2008, the law was changed so that a claim against a provincially regulated employer may now be brought in either, the courts (if there is an existing common law claim) or the Ontario Human Rights Tribunal. The Ontario Human Rights Commission now only deals with claims of systemic discrimination.</p> <p>Our lawyers are highly experienced in this area. Soma Ray-Ellis has published the Halsbury’s Laws of Canada Volume on Discrimination and Human Rights (642 pages), the leading encyclopedic digest on human rights law. She also co-drafted the original Rules of Practice for the Ontario Human Rights Board of Inquiry. If you have a human rights issue and want to take advantage of our expertise, please call Soma Ray-Ellis at (416) 599-9708.</p> <p>We can assist with drafting policies, anti-discrimination training seminars, harassment investigations, representation before tribunals and courts.</p> <h2>Mediation and Arbitration Services</h2> <p>In addition, we have expertise and provide services regarding a full range of alternate dispute resolution procedures including negotiation, mediation, and arbitration. If you have a mediation or arbitration issue, please call Soma Ray-Ellis at (416) 599-9708.</p> <h2>Contract Review and Drafting</h2> <p>In these harsh economic times, employers may be considering changes to employment contracts such as salary or benefit reductions. Changes such as these can lead to a fundamental alteration in the employment relationship, and result in a constructive dismissal.</p> <p>At Himelfarb Proszanski we assist employees and employers in reviewing and drafting various agreements to ensure that they meet legal guidelines and receive the benefits of the latest developments in law. These include drafting and advising on the following agreements and/or manuals/policy letters:</p> <ul> <li>employment</li> <li>consulting/independent contractor agreement</li> <li>non-compete</li> <li>non-solicit</li> <li>terminations</li> <li>offer letters</li> <li>policy manuals</li> <li>human rights policies and</li> <li>progressive discipline programs</li> </ul> <p>If you require services regarding reviewing your employment contract or other agreements, please contact one of our highly-skilled lawyers to assist you. Please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h2>Human Resource Consulting</h2> <p>On the employer side, we represent clients from a wide range of industries including manufacturing, retail, transportation, health care, and financial institutions. We are able to provide tier 1 service at cost-effective rates. We can assist in managing and reducing litigation costs by delivering effective legal advice and human resource management consulting. This includes advice on such diverse topics such as:</p> <ul> <li>Bill 168: Violence and Harassment Policy</li> <li>overtime policies</li> <li>sexual harassment</li> <li>right-sizing your organizations</li> <li>internet and email policies</li> <li>workplace investigations</li> <li>workplace violence management</li> <li>drug and alcohol testing</li> <li>restrictive covenants</li> <li>employment policies and procedures</li> </ul> <p>We provide up to date information on legislative and case law developments in all areas involving the employment relationship including:</p> <ul> <li>wrongful and constructive dismissal</li> <li>Human rights</li> <li>Employment Standards</li> <li>Privacy</li> <li>Occupational Health &amp; Safety</li> <li>Criminal Prosecution for workplace accidents</li> <li>Workers Compensation</li> </ul> <p>If you require our services regarding human resource consulting, please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h2>Occupational Health and Safety Act</h2> <p>The Occupational Health and Safety Act (OHSA) is a provincial law that implements safety standards to prevent work-related illnesses and injuries. The OHSA does 3 things: First, it sets out the rights and responsibilities of both employers and employees with respect to work-place safety. Second, it provides minimum requirements to deal with workplace hazards. Last, it establishes sanctions where the OHSA’s requirements have not been complied with.</p> <p>Himelfarb Proszanski provides a range of services dealing with the OHSA including:</p> <ul> <li>Defending OHSA charges</li> <li>OHSA appeals from inspector orders</li> <li>Reviewing and drafting health and safety policies and procedures</li> <li>Reviewing and drafting Bill-168: Violence and harassment manuals, policies, and procedures</li> </ul> <h2>Employment Law Articles</h2> <h3><a href="http://www.himprolaw.com/ten-things-every-employee-should-know">Ten Things Every Employee Should Do After Termination</a></h3> <ol> <li>Contact one of our lawyers to find out about your legal rights.</li> <li>Ensure you have your record of employment from your employer so that you may receive employment insurance.</li> <li>Keep your copy of your employment contract or, if there is no written employment contract, your offer letter or payroll information.</li> </ol> <div><a href="http://www.himprolaw.com/ten-things-every-employee-should-know">read more...</a></div> <h3><a href="http://www.himprolaw.com/ten-things-every-employer-should-know">Ten Things Every Employer and Employee Should Know</a></h3> <p><strong>1. Why have an employment contract?</strong></p> <p>An employment contract regulates the relationship between you and your employee. A well drafted...</p> <p><strong>2. What is Wrongful Dismissal and Just Cause?</strong></p> <p>Wrongful dismissal occurs when an employer terminates an employee’s employment without “just cause” for doing so...</p> <p><strong>3. What are the laws governing termination of employees?</strong></p> <p>For provincially regulated employers, the main pieces of legislation are the Ontario Human Rights...</p> <p><a href="http://www.himprolaw.com/ten-things-every-employer-should-know">read more...</a></p> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/employment-law.jpg" border="0" alt="Employment Law" style="float: left; border: 0; margin: 0 10px 10px 0;" />Employment is a fundamental aspect of every person’s life, whether you are an employee or an employer. Managing terminations or other workplace issues can be extremely stressful. Himelfarb Proszanski has a team of leading employment lawyers, chaired by Soma Ray-Ellis who can assist in this process. We handle all legal aspects of the employment relationship including wrongful dismissal, human rights, Employment Standards and Canada Labour Code issues, contract drafting and review, workers compensation, occupational health and safety, cross-border labour law, privacy, and Human Resource consulting. We also draft policies and procedures on such things as workplace violence and harassment.</p> <div style="float: left; width: 270px;"> <div style="float: left;"> <p><img src="http://www.himprolaw.com/images/pages/lawyers/soma-ray-ellis.jpg" border="0" alt="" /></p> <p style="font-size: 13px;" ><a href="http://www.himprolaw.com/lawyers/soma-ray-ellis-1" >Soma Ray – Ellis</a><br /> <strong><a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span><br /> 416.599.9708</strong></p> </div> </div> <p>Employment is a fundamental aspect of every person’s life, whether you are an employee or an employer. Managing terminations or other workplace issues can be extremely stressful. Himelfarb Proszanski has a team of leading employment lawyers, chaired by Soma Ray-Ellis who can assist in this process. We handle all legal aspects of the employment relationship including wrongful dismissal, human rights, Employment Standards and Canada Labour Code issues, contract drafting and review, workers compensation, occupational health and safety, cross-border labour law, privacy, and Human Resource consulting. We also draft policies and procedures on such things as workplace violence and harassment.</p> <p>A strong focus on client service allows Himelfarb Proszanski to pride itself on its reputation for providing timely, professional, and cost effective services for our clients. We believe that working closely with our clients provides opportunities to produce the best possible results for both the client and the firm.</p> <p>Our lawyers are considered leaders in this field. We have published hundreds of articles and several texts on the topic of employment law. We are often interviewed on television and reported on in national newspapers as respected professionals in the field.</p> <p>If you have an employment issue and want an immediate response, please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h2>Bill 168: Violence and Harassment – Employers may be exposed to large fines</h2> <p>Bill 168 amends the Occupational Health and Safety Act with respect to violence and harassment in the workplace by requiring employers to implement certain programs, policies, and procedures.</p> <p>As of June 15, 2010, all employers with 5 or more employees are required to implement Bill 168. Failure to do so exposes companies to fines (maximum $500,000 per charge) and/or 12 month jail sentences for individuals.</p> <p>This Bill requires employers to develop a number of policies that we would be pleased to assist you with as follows:</p> <ul> <li>Violence and harassment policies and programs including spousal violence</li> <li>Employee reporting and incident investigation procedures</li> <li>Emergency response procedure (violence only)</li> <li>Process to deal with incidents, complaints and threats of violence</li> </ul> <p>Employers are also required to complete a risk assessment of the type of work or the conditions of work and of potential violence hazards that may arise due to the nature of the workplace before developing and implementing a policy or program. These policies and programs must be posted. These requirements are in addition to requirements under human rights legislation.</p> <p>If you require assistance to bring your company’s policies and procedures in line with the new government regulations, please email or call Soma Ray-Ellis at <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span> or 416.599.9708.</p> <p>Wrongful Dismissal</p> <p>In Canada an employer may terminate an employee at the employer’s discretion. There are very few exceptions where employment is guaranteed for a period of time. Generally, if there is no legal cause for the termination such as fraud, theft, breach of confidential information etc., the employer must give the employee either reasonable notice or pay in lieu of notice.</p> <p>In order to determine how much working notice or pay in lieu of notice is to be given to an employee, several factors must be considered:</p> <ul> <li> the length of service</li> <li> the employee’s age</li> <li> the character of the employment</li> <li> the availability of similar employment having regard for the experience, training and qualifications of the employee.</li> </ul> <p>We have collectively settled thousands of wrongful dismissal cases successfully, and are often involved in writing and speaking about this topic in the media.</p> <p>If you have a wrongful dismissal matter, contact one of our highly-skilled lawyers to assist you. Please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <p>Human Rights</p> <p>Human rights are quickly becoming one of the growing legal issues in the work place. Workplaces that are provincially regulated are governed by the Ontario Human Rights Code. Federally regulated workplaces are governed by the Canadian Human Rights Act. The protected grounds vary depending on the legislation.</p> <h2>The Ontario Human Rights Code protects against employment discrimination based on:</h2> <ul> <li>race</li> <li>ancestry</li> <li>place of origin</li> <li>colour</li> <li>ethnic origin</li> <li>citizenship</li> <li>creed</li> <li>sex</li> <li>sexual orientation</li> <li>age</li> <li>record of offences</li> <li>marital status</li> <li>family status</li> <li>disability</li> </ul> <h2>The Canadian Human Rights Code protects against employment discrimination based on:</h2> <ul> <li>race</li> <li>national or ethnic origin</li> <li>colour</li> <li>religion</li> <li>age</li> <li>sex</li> <li>sexual orientation</li> <li>marital status</li> <li>family status</li> <li>disability</li> <li>conviction for which a pardon has been granted</li> </ul> <p>In 2008, the law was changed so that a claim against a provincially regulated employer may now be brought in either, the courts (if there is an existing common law claim) or the Ontario Human Rights Tribunal. The Ontario Human Rights Commission now only deals with claims of systemic discrimination.</p> <p>Our lawyers are highly experienced in this area. Soma Ray-Ellis has published the Halsbury’s Laws of Canada Volume on Discrimination and Human Rights (642 pages), the leading encyclopedic digest on human rights law. She also co-drafted the original Rules of Practice for the Ontario Human Rights Board of Inquiry. If you have a human rights issue and want to take advantage of our expertise, please call Soma Ray-Ellis at (416) 599-9708.</p> <p>We can assist with drafting policies, anti-discrimination training seminars, harassment investigations, representation before tribunals and courts.</p> <h2>Mediation and Arbitration Services</h2> <p>In addition, we have expertise and provide services regarding a full range of alternate dispute resolution procedures including negotiation, mediation, and arbitration. If you have a mediation or arbitration issue, please call Soma Ray-Ellis at (416) 599-9708.</p> <h2>Contract Review and Drafting</h2> <p>In these harsh economic times, employers may be considering changes to employment contracts such as salary or benefit reductions. Changes such as these can lead to a fundamental alteration in the employment relationship, and result in a constructive dismissal.</p> <p>At Himelfarb Proszanski we assist employees and employers in reviewing and drafting various agreements to ensure that they meet legal guidelines and receive the benefits of the latest developments in law. These include drafting and advising on the following agreements and/or manuals/policy letters:</p> <ul> <li>employment</li> <li>consulting/independent contractor agreement</li> <li>non-compete</li> <li>non-solicit</li> <li>terminations</li> <li>offer letters</li> <li>policy manuals</li> <li>human rights policies and</li> <li>progressive discipline programs</li> </ul> <p>If you require services regarding reviewing your employment contract or other agreements, please contact one of our highly-skilled lawyers to assist you. Please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h2>Human Resource Consulting</h2> <p>On the employer side, we represent clients from a wide range of industries including manufacturing, retail, transportation, health care, and financial institutions. We are able to provide tier 1 service at cost-effective rates. We can assist in managing and reducing litigation costs by delivering effective legal advice and human resource management consulting. This includes advice on such diverse topics such as:</p> <ul> <li>Bill 168: Violence and Harassment Policy</li> <li>overtime policies</li> <li>sexual harassment</li> <li>right-sizing your organizations</li> <li>internet and email policies</li> <li>workplace investigations</li> <li>workplace violence management</li> <li>drug and alcohol testing</li> <li>restrictive covenants</li> <li>employment policies and procedures</li> </ul> <p>We provide up to date information on legislative and case law developments in all areas involving the employment relationship including:</p> <ul> <li>wrongful and constructive dismissal</li> <li>Human rights</li> <li>Employment Standards</li> <li>Privacy</li> <li>Occupational Health &amp; Safety</li> <li>Criminal Prosecution for workplace accidents</li> <li>Workers Compensation</li> </ul> <p>If you require our services regarding human resource consulting, please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h2>Occupational Health and Safety Act</h2> <p>The Occupational Health and Safety Act (OHSA) is a provincial law that implements safety standards to prevent work-related illnesses and injuries. The OHSA does 3 things: First, it sets out the rights and responsibilities of both employers and employees with respect to work-place safety. Second, it provides minimum requirements to deal with workplace hazards. Last, it establishes sanctions where the OHSA’s requirements have not been complied with.</p> <p>Himelfarb Proszanski provides a range of services dealing with the OHSA including:</p> <ul> <li>Defending OHSA charges</li> <li>OHSA appeals from inspector orders</li> <li>Reviewing and drafting health and safety policies and procedures</li> <li>Reviewing and drafting Bill-168: Violence and harassment manuals, policies, and procedures</li> </ul> <h2>Employment Law Articles</h2> <h3><a href="http://www.himprolaw.com/ten-things-every-employee-should-know">Ten Things Every Employee Should Do After Termination</a></h3> <ol> <li>Contact one of our lawyers to find out about your legal rights.</li> <li>Ensure you have your record of employment from your employer so that you may receive employment insurance.</li> <li>Keep your copy of your employment contract or, if there is no written employment contract, your offer letter or payroll information.</li> </ol> <div><a href="http://www.himprolaw.com/ten-things-every-employee-should-know">read more...</a></div> <h3><a href="http://www.himprolaw.com/ten-things-every-employer-should-know">Ten Things Every Employer and Employee Should Know</a></h3> <p><strong>1. Why have an employment contract?</strong></p> <p>An employment contract regulates the relationship between you and your employee. A well drafted...</p> <p><strong>2. What is Wrongful Dismissal and Just Cause?</strong></p> <p>Wrongful dismissal occurs when an employer terminates an employee’s employment without “just cause” for doing so...</p> <p><strong>3. What are the laws governing termination of employees?</strong></p> <p>For provincially regulated employers, the main pieces of legislation are the Ontario Human Rights...</p> <p><a href="http://www.himprolaw.com/ten-things-every-employer-should-know">read more...</a></p> Civil Litigation 2011-10-25T16:34:08+00:00 2011-10-25T16:34:08+00:00 http://www.himprolaw.com/practice-specialties/civil-litigation Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/civil-litigation.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Legal disputes are an unwelcome distraction from everyday life and a hindrance to operating a productive business. In today’s economic climate, there is a real need disputes be resolved quickly, efficiently, and as cost-effectively as possible. The lawyers at Himelfarb Proszanski have the skills to quickly access the facts, provide practical analysis, and explain your options. We adhere to the highest standards of professionalism and take a businesslike and practical approach to litigating clients’ disputes and keeping clients up-to-date on the progress of their matter. We consistently obtain favourable results.</p> <p>Himelfarb Proszanski is regarded as one of Ontario’s leading civil litigation firms. Combined, our Civil Litigation Practice Group has over 80 years of experience appearing before all levels of court in Ontario, and the Supreme Court of Canada. This extensive experience allows us to handle a full range of civil litigation disputes including, contract or partnership disputes, debt collection, real estate disputes, shareholders disputes, insurance claims, and personal injury matters. We also have significant knowledge of less expensive alternatives to litigation such as negotiation, mediation, and arbitration, enhancing the cost-effectiveness of our representation.</p> <p>Please feel free to contact us regarding any of the following matters:</p> <ul> <li>Commercial Litigation</li> <li>Franchise Disputes</li> <li>Real Estate and Other Property Disputes</li> <li>Debt Enforcement</li> <li>Regulatory and Disciplinary Offenses</li> <li>Wrongful Dismissal and Other Employment Law matters</li> <li>Bankruptcy and Insolvency Matters</li> <li>Land Use Disputes</li> </ul> <h2>Commercial Litigation</h2> <p>We handle all types of contract disputes including shareholder and partnership disputes, breach of contract, and deficiencies and defects in the quality of goods and services delivered. Our firm is also noted for its representation in civil matters regarding business dissolution, interference with business relations, secured transactions, and negligent and fraudulent misrepresentation. The lawyers at Himelfarb Proszanski will competently handle your matter, assess your risks, and obtain effective results.</p> <h2>Franchise Disputes</h2> <p>Members of the firm have significant experience acting for both large and small franchisors and franchisees. Our Franchise Law Group provides clear and precise legal advice before and during litigation to franchisors and franchisee regarding their respective rights and obligations under the common law and Arthur Wishart Act. We handle all franchise related disputes including breach of franchise agreements, breach of fiduciary duty, misrepresentation and negligent sale projection matters, and Arthur Wishart Act violations. We frequently obtain excellent results and have litigated major franchise disputes obtaining significant settlements and awards for clients.</p> <h2>Real Estate and Other Property Disputes</h2> <p>Himelfarb Proszanski litigates a variety of real estate and property disputes on behalf of clients. This litigation includes negligent and fraudulent misrepresentation of property, purchase and sale agreement disputes, specific performance, certificates of pending litigation, mortgage enforcement, mortgage fraud and fraudulent transfers, enforcement and defence of restrictive covenants, rights-of-way, and other easements, partition and sale, and other disputes involving claims of interest in property and title disputes.</p> <h2>Debt Enforcement</h2> <p>We recognize that obtaining a judgment in court may be an insufficient outcome for a client. Receiving a judgment is one thing, actually collecting on the debt owed is quite another. Our lawyers work closely with clients and utilize all available appropriate enforcement procedures to assist clients in receiving the compensation they have been awarded or are owed. As a part of our view towards practical and cost-effective advice, we strive to achieve the optimum collection method available and appropriate in the circumstances in the most cost-effective and efficient manner.</p> <h2>Regulatory and Disciplinary Offenses</h2> <p>Licensed professionals, whose conduct are governed by a regulatory body (the Securities Commission, the Royal College of Dental Surgeons, the Law Society of Upper Canada), may be unfortunate recipients of a complaint by a client or member of the public. In cases such as these, mere allegations of misconduct may place your very livelihood at risk. It is essential that you have competent legal representation to protect your employment or business, your reputation, and your dignity. The lawyers at Himelfarb Proszanski have the knowledge and skills to defend professionally licensed clients and resolve disputes in their favour. We aggressively defend and assist clients both at the investigation and, if necessary, the hearing stages of a complaint.</p> <h2>Wrongful Dismissal and Other Employment Law matters</h2> <p>Employment is a major aspect of anyone’s life. From time to time, issues may arise in the workplace which require legal advice. We act for both employers and employees in all areas of employment law, including wrongful dismissal, breach of employment contracts, workplace harassment, workplace safety, complaints arising under the Human Rights Code, and long-term disability matters. The lawyers at Himelfarb Proszanski have experience before both, the Ontario Human Rights Tribunal and the Ontario Human Rights Commission, to ensure that you are expertly represented. We have significant depth and competence in this area and have achieved excellent results for clients.</p> <h2>Bankruptcy and Insolvency Matters</h2> <p>We are highly experienced in Bankruptcy and insolvency matters, including proposals in bankruptcy under the Bankruptcy and Insolvency Act, petitions for bankruptcy, and plans of arrangement and compromise for corporations in financial distress. We strategize with our clients in order to determine the best course of action to help them through periods of financial uncertainty towards the goal of avoiding litigation and bankruptcy. We work closely with trustees in bankruptcy, debtors, and creditors to achieve the best results possible.</p> <h2>Land Use Disputes</h2> <p>The Civil Litigation Practice Group has extensive experience litigating a variety of real estate and land use related matters, including purchase and sale of residential and commercial buildings, mortgage remedies, land use disputes, and expropriation matters. We consistently achieve successful results in complex and difficult litigation disputes which have been recognized as leading cases in the areas of purchase and sale transactions, leasing, and mortgage enforcement.</p> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/civil-litigation.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Legal disputes are an unwelcome distraction from everyday life and a hindrance to operating a productive business. In today’s economic climate, there is a real need disputes be resolved quickly, efficiently, and as cost-effectively as possible. The lawyers at Himelfarb Proszanski have the skills to quickly access the facts, provide practical analysis, and explain your options. We adhere to the highest standards of professionalism and take a businesslike and practical approach to litigating clients’ disputes and keeping clients up-to-date on the progress of their matter. We consistently obtain favourable results.</p> <p>Himelfarb Proszanski is regarded as one of Ontario’s leading civil litigation firms. Combined, our Civil Litigation Practice Group has over 80 years of experience appearing before all levels of court in Ontario, and the Supreme Court of Canada. This extensive experience allows us to handle a full range of civil litigation disputes including, contract or partnership disputes, debt collection, real estate disputes, shareholders disputes, insurance claims, and personal injury matters. We also have significant knowledge of less expensive alternatives to litigation such as negotiation, mediation, and arbitration, enhancing the cost-effectiveness of our representation.</p> <p>Please feel free to contact us regarding any of the following matters:</p> <ul> <li>Commercial Litigation</li> <li>Franchise Disputes</li> <li>Real Estate and Other Property Disputes</li> <li>Debt Enforcement</li> <li>Regulatory and Disciplinary Offenses</li> <li>Wrongful Dismissal and Other Employment Law matters</li> <li>Bankruptcy and Insolvency Matters</li> <li>Land Use Disputes</li> </ul> <h2>Commercial Litigation</h2> <p>We handle all types of contract disputes including shareholder and partnership disputes, breach of contract, and deficiencies and defects in the quality of goods and services delivered. Our firm is also noted for its representation in civil matters regarding business dissolution, interference with business relations, secured transactions, and negligent and fraudulent misrepresentation. The lawyers at Himelfarb Proszanski will competently handle your matter, assess your risks, and obtain effective results.</p> <h2>Franchise Disputes</h2> <p>Members of the firm have significant experience acting for both large and small franchisors and franchisees. Our Franchise Law Group provides clear and precise legal advice before and during litigation to franchisors and franchisee regarding their respective rights and obligations under the common law and Arthur Wishart Act. We handle all franchise related disputes including breach of franchise agreements, breach of fiduciary duty, misrepresentation and negligent sale projection matters, and Arthur Wishart Act violations. We frequently obtain excellent results and have litigated major franchise disputes obtaining significant settlements and awards for clients.</p> <h2>Real Estate and Other Property Disputes</h2> <p>Himelfarb Proszanski litigates a variety of real estate and property disputes on behalf of clients. This litigation includes negligent and fraudulent misrepresentation of property, purchase and sale agreement disputes, specific performance, certificates of pending litigation, mortgage enforcement, mortgage fraud and fraudulent transfers, enforcement and defence of restrictive covenants, rights-of-way, and other easements, partition and sale, and other disputes involving claims of interest in property and title disputes.</p> <h2>Debt Enforcement</h2> <p>We recognize that obtaining a judgment in court may be an insufficient outcome for a client. Receiving a judgment is one thing, actually collecting on the debt owed is quite another. Our lawyers work closely with clients and utilize all available appropriate enforcement procedures to assist clients in receiving the compensation they have been awarded or are owed. As a part of our view towards practical and cost-effective advice, we strive to achieve the optimum collection method available and appropriate in the circumstances in the most cost-effective and efficient manner.</p> <h2>Regulatory and Disciplinary Offenses</h2> <p>Licensed professionals, whose conduct are governed by a regulatory body (the Securities Commission, the Royal College of Dental Surgeons, the Law Society of Upper Canada), may be unfortunate recipients of a complaint by a client or member of the public. In cases such as these, mere allegations of misconduct may place your very livelihood at risk. It is essential that you have competent legal representation to protect your employment or business, your reputation, and your dignity. The lawyers at Himelfarb Proszanski have the knowledge and skills to defend professionally licensed clients and resolve disputes in their favour. We aggressively defend and assist clients both at the investigation and, if necessary, the hearing stages of a complaint.</p> <h2>Wrongful Dismissal and Other Employment Law matters</h2> <p>Employment is a major aspect of anyone’s life. From time to time, issues may arise in the workplace which require legal advice. We act for both employers and employees in all areas of employment law, including wrongful dismissal, breach of employment contracts, workplace harassment, workplace safety, complaints arising under the Human Rights Code, and long-term disability matters. The lawyers at Himelfarb Proszanski have experience before both, the Ontario Human Rights Tribunal and the Ontario Human Rights Commission, to ensure that you are expertly represented. We have significant depth and competence in this area and have achieved excellent results for clients.</p> <h2>Bankruptcy and Insolvency Matters</h2> <p>We are highly experienced in Bankruptcy and insolvency matters, including proposals in bankruptcy under the Bankruptcy and Insolvency Act, petitions for bankruptcy, and plans of arrangement and compromise for corporations in financial distress. We strategize with our clients in order to determine the best course of action to help them through periods of financial uncertainty towards the goal of avoiding litigation and bankruptcy. We work closely with trustees in bankruptcy, debtors, and creditors to achieve the best results possible.</p> <h2>Land Use Disputes</h2> <p>The Civil Litigation Practice Group has extensive experience litigating a variety of real estate and land use related matters, including purchase and sale of residential and commercial buildings, mortgage remedies, land use disputes, and expropriation matters. We consistently achieve successful results in complex and difficult litigation disputes which have been recognized as leading cases in the areas of purchase and sale transactions, leasing, and mortgage enforcement.</p> Personal Injury Law 2011-10-26T21:05:38+00:00 2011-10-26T21:05:38+00:00 http://www.himprolaw.com/personal-injury-law Super User info@blueprintim.com <p><a href="http://www.himpro.ca"><img src="http://www.himprolaw.com/images/pages/personal-injury-lawyer.jpg" border="0" alt="himpro.ca personal injury law site" align="left" /></a>Through no fault of your own your life can change in an instant. An accident and resulting personal injury can seriously impact the quality of your life both at home and at work.</p> <p><a href="http://www.himpro.ca">For more information about our extensive personal injury law services please visit our new website at www.himpro.ca</a></p> <p><a href="http://www.himpro.ca"><img src="http://www.himprolaw.com/images/pages/personal-injury-lawyer.jpg" border="0" alt="himpro.ca personal injury law site" align="left" /></a>Through no fault of your own your life can change in an instant. An accident and resulting personal injury can seriously impact the quality of your life both at home and at work.</p> <p><a href="http://www.himpro.ca">For more information about our extensive personal injury law services please visit our new website at www.himpro.ca</a></p> Real Estate 2011-10-25T16:50:04+00:00 2011-10-25T16:50:04+00:00 http://www.himprolaw.com/practice-specialties/real-estate Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/real-estate.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>The Real Estate Group of Himelfarb Proszanski practices in all areas of real estate law to better assist our clients. Our lawyers have experience in representing and advising landlords, tenants, vendors, purchasers, developers, and lenders. We provide strategic analysis and innovative solutions in order to facilitate complex personal and business transactions.</p> <p>Our commitment to expedient and cost-effective service gives our clients an edge when making business decisions. We excel in real estate litigation with a specialty in commercial litigation matters. Cumulatively, our lawyers have over 60 years of experience zealously protecting our clients’ interests with respect to real estate transactions.</p> <p>Some of the matters we act on include:</p> <ul> <li>Negotiation of agreements of purchase and sale</li> <li>Residential and Commercial purchases and refinances</li> <li>Facilitating real estate financing</li> <li>Secured transactions</li> <li>Condominium law</li> <li>Land use planning (bylaw re-zoning applications, seeking development permits and conducting subdivision appeals)</li> <li>Debt enforcement</li> <li>Mortgage enforcement</li> <li>Lien priority disputes</li> <li>Residential and commercial leasing</li> <li>General tax advice including analysis of implications of Land Transfer Tax and Income Tax Act</li> <li>Preparation of all final closing documentation</li> <li>Bankruptcy and Insolvency matters including corporate restructuring and drafting forbearance agreements with creditors</li> <li>Corporate reorganizations including mergers and acquisitions, share purchases and sales, corporate amalgamations, and section 85 Income Tax Act reorganizations</li> <li>Residential Purchases, Sales and Mortgages</li> <li>Commercial/Industrial Purchases and Sales</li> <li>Commercial Mortgage Financing / Enforcement</li> <li>Commercial and Retail Leases</li> <li>Severances / Variances / Re-Zoning</li> <li>Real Estate Litigation</li> </ul> <h2>Residential Purchases, Sales and Mortgages</h2> <p>Himelfarb Proszanski represents both individuals and small business owners in complex real estate transactions. We provide full and comprehensive representation in all facets for the purchase, sale, and financing of residential properties throughout Ontario. This representation includes financial and tax advice for purchases of freehold, condominiums, cottage, and rural properties. We also represent our clients in negotiations regarding purchases, sales, and refinances of property as may be required in the particular circumstances.</p> <h2>Commercial/Industrial Purchases and Sales</h2> <p>Himelfarb Proszanski provides strategic advice in all aspects of the acquisition and divestiture of commercial and industrial properties throughout Ontario including preparing and negotiating agreements of purchase of sale, completing due diligence searches, advising on ownership structure such as limited liability partnerships or co-ownership arrangements, and preparing all documentation required for the purchase and sale of properties.</p> <h2>Commercial Mortgage Financing / Enforcement</h2> <p>Our lawyers have extensive experience providing comprehensive representation in the preparation and registration of mortgage based securities, including ancillary documentation and registrations such as general security agreements. Himelfarb Proszanski is acknowledged as a leading firm in the representation of financial institutions in Ontario. Our clients range from chartered banks to private lenders. This experience gives the firm the ability to view sophisticated transactions from both a lender’s and borrower’s perspective. We also provide value-added services such as the review of mortgage commitment letters prior to their execution by borrowers to ensure that lenders obtain security appropriate in the circumstances.</p> <h2>Commercial and Retail Leases</h2> <p>The Real Estate Group at Himelfarb Proszanski represents both landlords and tenants in a multitude of commercial lease transactions. Our clients have included commercial office building owners, retail shopping developers, and industrial warehouse lessors and lessees. Strategic lease review and negotiation is offered to clients to ensure advantageous terms to any offer to lease or lease agreement.</p> <h2>Severances / Variances / Re-Zoning</h2> <p>We give detailed strategic advice for obtaining land severances, variances, or re-zoning of commercial and residential properties. Our Real Estate Group expertly drafts all necessary documents. We also provide exceptional representation before all levels of court in Ontario as well as municipal bodies. Let us help you facilitate obtaining your required severance, variance, or re-zoning order as may be required for the development of your property.</p> <h2>Real Estate Litigation</h2> <p>Himelfarb Proszanski litigates a variety of estate and property disputes including disputes which arise from purchase and sale agreements, fraudulent misrepresentation, mortgage enforcement, restrictive covenants, rights-of-way, and other encumbrances. We have experience before all levels of court in Ontario and are recognized for obtaining favourable results for our clients.</p> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/real-estate.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>The Real Estate Group of Himelfarb Proszanski practices in all areas of real estate law to better assist our clients. Our lawyers have experience in representing and advising landlords, tenants, vendors, purchasers, developers, and lenders. We provide strategic analysis and innovative solutions in order to facilitate complex personal and business transactions.</p> <p>Our commitment to expedient and cost-effective service gives our clients an edge when making business decisions. We excel in real estate litigation with a specialty in commercial litigation matters. Cumulatively, our lawyers have over 60 years of experience zealously protecting our clients’ interests with respect to real estate transactions.</p> <p>Some of the matters we act on include:</p> <ul> <li>Negotiation of agreements of purchase and sale</li> <li>Residential and Commercial purchases and refinances</li> <li>Facilitating real estate financing</li> <li>Secured transactions</li> <li>Condominium law</li> <li>Land use planning (bylaw re-zoning applications, seeking development permits and conducting subdivision appeals)</li> <li>Debt enforcement</li> <li>Mortgage enforcement</li> <li>Lien priority disputes</li> <li>Residential and commercial leasing</li> <li>General tax advice including analysis of implications of Land Transfer Tax and Income Tax Act</li> <li>Preparation of all final closing documentation</li> <li>Bankruptcy and Insolvency matters including corporate restructuring and drafting forbearance agreements with creditors</li> <li>Corporate reorganizations including mergers and acquisitions, share purchases and sales, corporate amalgamations, and section 85 Income Tax Act reorganizations</li> <li>Residential Purchases, Sales and Mortgages</li> <li>Commercial/Industrial Purchases and Sales</li> <li>Commercial Mortgage Financing / Enforcement</li> <li>Commercial and Retail Leases</li> <li>Severances / Variances / Re-Zoning</li> <li>Real Estate Litigation</li> </ul> <h2>Residential Purchases, Sales and Mortgages</h2> <p>Himelfarb Proszanski represents both individuals and small business owners in complex real estate transactions. We provide full and comprehensive representation in all facets for the purchase, sale, and financing of residential properties throughout Ontario. This representation includes financial and tax advice for purchases of freehold, condominiums, cottage, and rural properties. We also represent our clients in negotiations regarding purchases, sales, and refinances of property as may be required in the particular circumstances.</p> <h2>Commercial/Industrial Purchases and Sales</h2> <p>Himelfarb Proszanski provides strategic advice in all aspects of the acquisition and divestiture of commercial and industrial properties throughout Ontario including preparing and negotiating agreements of purchase of sale, completing due diligence searches, advising on ownership structure such as limited liability partnerships or co-ownership arrangements, and preparing all documentation required for the purchase and sale of properties.</p> <h2>Commercial Mortgage Financing / Enforcement</h2> <p>Our lawyers have extensive experience providing comprehensive representation in the preparation and registration of mortgage based securities, including ancillary documentation and registrations such as general security agreements. Himelfarb Proszanski is acknowledged as a leading firm in the representation of financial institutions in Ontario. Our clients range from chartered banks to private lenders. This experience gives the firm the ability to view sophisticated transactions from both a lender’s and borrower’s perspective. We also provide value-added services such as the review of mortgage commitment letters prior to their execution by borrowers to ensure that lenders obtain security appropriate in the circumstances.</p> <h2>Commercial and Retail Leases</h2> <p>The Real Estate Group at Himelfarb Proszanski represents both landlords and tenants in a multitude of commercial lease transactions. Our clients have included commercial office building owners, retail shopping developers, and industrial warehouse lessors and lessees. Strategic lease review and negotiation is offered to clients to ensure advantageous terms to any offer to lease or lease agreement.</p> <h2>Severances / Variances / Re-Zoning</h2> <p>We give detailed strategic advice for obtaining land severances, variances, or re-zoning of commercial and residential properties. Our Real Estate Group expertly drafts all necessary documents. We also provide exceptional representation before all levels of court in Ontario as well as municipal bodies. Let us help you facilitate obtaining your required severance, variance, or re-zoning order as may be required for the development of your property.</p> <h2>Real Estate Litigation</h2> <p>Himelfarb Proszanski litigates a variety of estate and property disputes including disputes which arise from purchase and sale agreements, fraudulent misrepresentation, mortgage enforcement, restrictive covenants, rights-of-way, and other encumbrances. We have experience before all levels of court in Ontario and are recognized for obtaining favourable results for our clients.</p> Condominium Law 2011-10-25T16:52:26+00:00 2011-10-25T16:52:26+00:00 http://www.himprolaw.com/practice-specialties/condominium-law Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/condominium-law.jpg" border="0" alt="Condominium Law" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Himelfarb Proszanski has years of experience facilitating numerous condominium purchases and sales throughout the Greater Toronto Area. We practice in all areas of condominium, real estate, and corporate law. We provide practical and cost-effective advice on matters such as unit owners’ rights and responsibilities, condominium finances, owners’ meetings, insurance matters, disputes between owners, tenants, and/or condominium corporations.</p> <p>We also review and provide succinct analyses of the Condominium Act, 1998, declarations, by-laws, and rules to ensure that our clients are equipped with the necessary knowledge required for condominium ownership.</p> <p>Our lawyers have significant experience before all levels of courts in Ontario and will zealously represent clients in condominium related disputes, such as construction lien litigation, Condominium Act enforcement matters, and Tarion claims, among others. We also provide a full range of services with respect to alternative dispute resolution, including representing our clients in negotiations, mediations, and arbitrations.</p> <p>We handle a number of matters and encourage you to contact us regarding any condominium-related issue, including but not limited to, the following:</p> <ul> <li>Human Rights complaints against condominium corporations</li> <li>Drafting declarations, by-laws, rules and amendments thereto</li> <li>Contract review</li> <li>Opinions on condominium-related matters</li> <li>Chairing annual general meetings and requisitioned meetings of owners</li> <li>Enforcement of the Condominium Act, 1998, declarations, by-laws and rules</li> <li>Employment contracts</li> <li>Appointing an administrator</li> <li>Dealing with problem owners or tenants</li> <li>Section 98 Alteration Agreements</li> <li>Transfers from declarants to condominium corporations</li> <li>Condominium liens</li> <li>Advising on directors’ duties and obligations</li> <li>Eviction of superintendents after termination of employment with a condominium corporation</li> </ul> <h2>Important points to consider regarding condominium ownership</h2> <p>Owning a condominium is not the same as traditional freehold ownership. Condominium ownership is a form of “shared ownership.” When purchasing a new condominium unit, there often are significant fees and unanticipated closing costs. Furthermore, there will be strict rules to follow. Some condominiums do not allow pets, others may place restrictions on the number of occupants permitted in a condominium unit. There may also be restrictions on exclusive use common elements, such as patios, balconies, and terraces, parking spaces, as well as restrictions on renovations and structural alterations to units. It is vitally important that potential purchasers of condominium units consult a knowledgeable lawyer who specifically practices in the area of condominium law. We review and advise clients on purchase and sale documents, declarations, by-laws, and rules to facilitate a hassle free transaction. In addition, once you have moved into your condominium unit, we provide services should any disputes arise. If you have a condominium related matter, please call John Moher at 1-877-820-1210 ext. 335.</p> <p>Mr. Moher joined Himelfarb Proszanski after successfully handling complex condominium matters at a boutique law firm specializing in condominium law. Mr. Moher obtained his LL.B. at Osgoode Hall Law School. He also received an undergraduate degree in political science from the University of Western Ontario, graduating with distinction. Mr. Moher is a member of the Canadian Condominium Institute and the Canadian and Ontario Bar Associations. He has also authored several condominium law related articles.</p> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/condominium-law.jpg" border="0" alt="Condominium Law" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Himelfarb Proszanski has years of experience facilitating numerous condominium purchases and sales throughout the Greater Toronto Area. We practice in all areas of condominium, real estate, and corporate law. We provide practical and cost-effective advice on matters such as unit owners’ rights and responsibilities, condominium finances, owners’ meetings, insurance matters, disputes between owners, tenants, and/or condominium corporations.</p> <p>We also review and provide succinct analyses of the Condominium Act, 1998, declarations, by-laws, and rules to ensure that our clients are equipped with the necessary knowledge required for condominium ownership.</p> <p>Our lawyers have significant experience before all levels of courts in Ontario and will zealously represent clients in condominium related disputes, such as construction lien litigation, Condominium Act enforcement matters, and Tarion claims, among others. We also provide a full range of services with respect to alternative dispute resolution, including representing our clients in negotiations, mediations, and arbitrations.</p> <p>We handle a number of matters and encourage you to contact us regarding any condominium-related issue, including but not limited to, the following:</p> <ul> <li>Human Rights complaints against condominium corporations</li> <li>Drafting declarations, by-laws, rules and amendments thereto</li> <li>Contract review</li> <li>Opinions on condominium-related matters</li> <li>Chairing annual general meetings and requisitioned meetings of owners</li> <li>Enforcement of the Condominium Act, 1998, declarations, by-laws and rules</li> <li>Employment contracts</li> <li>Appointing an administrator</li> <li>Dealing with problem owners or tenants</li> <li>Section 98 Alteration Agreements</li> <li>Transfers from declarants to condominium corporations</li> <li>Condominium liens</li> <li>Advising on directors’ duties and obligations</li> <li>Eviction of superintendents after termination of employment with a condominium corporation</li> </ul> <h2>Important points to consider regarding condominium ownership</h2> <p>Owning a condominium is not the same as traditional freehold ownership. Condominium ownership is a form of “shared ownership.” When purchasing a new condominium unit, there often are significant fees and unanticipated closing costs. Furthermore, there will be strict rules to follow. Some condominiums do not allow pets, others may place restrictions on the number of occupants permitted in a condominium unit. There may also be restrictions on exclusive use common elements, such as patios, balconies, and terraces, parking spaces, as well as restrictions on renovations and structural alterations to units. It is vitally important that potential purchasers of condominium units consult a knowledgeable lawyer who specifically practices in the area of condominium law. We review and advise clients on purchase and sale documents, declarations, by-laws, and rules to facilitate a hassle free transaction. In addition, once you have moved into your condominium unit, we provide services should any disputes arise. If you have a condominium related matter, please call John Moher at 1-877-820-1210 ext. 335.</p> <p>Mr. Moher joined Himelfarb Proszanski after successfully handling complex condominium matters at a boutique law firm specializing in condominium law. Mr. Moher obtained his LL.B. at Osgoode Hall Law School. He also received an undergraduate degree in political science from the University of Western Ontario, graduating with distinction. Mr. Moher is a member of the Canadian Condominium Institute and the Canadian and Ontario Bar Associations. He has also authored several condominium law related articles.</p> Franchise Services 2011-10-25T16:53:08+00:00 2011-10-25T16:53:08+00:00 http://www.himprolaw.com/practice-specialties/franchise-services Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/franchise-services.jpg" border="0" alt="Franchise Services" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Himelfarb Proszanski currently represents one of the largest franchise associations in Canada and several Canadian franchisors that cumulatively have in excess of 500 operating locations. We act and have acted for a wide variety of individual franchisees in all segments of the market including, quick service restaurants, licensed establishments, magazine and national retailers, and a professional sports franchise.</p> <p>We advise both franchisors and franchisees on financing their business and provide strategic analysis and guidance regarding owning and operating a franchise in Canada. Our commitment to our clients means that we also provide expedient, cost-effective, and on-going legal advice after a franchise has commenced operations. Our services also include drafting all necessary documents with regard to establishing a franchise association in Canada.</p> <p>We have acted for various clients on a multitude of transactional issues such as:</p> <ul> <li>Advising on compliance with statutory disclosure requirements and drafting disclosure documents</li> <li>Reviewing and advising on franchise agreements</li> <li>Enforcement of rights pursuant to franchise agreements</li> <li>Advising on mergers, sales, and acquisitions of franchise systems</li> <li>Preparation and review of real estate transaction documents including third party supply agreements, leases, purchase and sale contracts, assignment agreements, and resulting tax implications</li> <li>Insolvency and tax matters</li> <li>Our firm’s lawyers also have extensive experience drafting all ancillary documents necessary for acquiring, selling, and operating a franchise system. Some of the documents we have drafted for clients include:</li> <li>Real estate leases and subleases</li> <li>Collateral assignments of leases</li> <li>Equipment leases</li> <li>Confidentiality, employment, noncompetition, and construction agreements</li> </ul> <p>Himelfarb Proszanski has over 20 years of experience in representing both franchisees and franchisors. Mr. Proszanski himself has served as in-house counsel for one of the largest companies in the beverage industry and was responsible for franchise licensing, distribution, and co-packing agreements.</p> <p>Working with Mr. Proszanski, is a coordinated and highly-skilled team of professionals with significant experience advising, litigating, and arbitrating on franchise law matters. David Himelfarb is Partner and head of the Litigation practice at Himelfarb Proszanski. He has extensive experience in representing clients in complex franchise litigation matters. He has also appeared before all levels of court in Ontario and has represented clients at the Supreme Court of Canada. .Tonya Mah is a long-standing member of the Himelfarb Proszanski franchise law division. Her vast experience in advising clients regarding the structuring of purchase and sale transactions and reviewing financing and licensing matters makes her a highly valuable asset to any franchising law team. She also advises franchisees on their rights in relation to franchisors. Brian McCutcheon focuses primarily on real estate and commercial law. He has developed unique skills dealing with financing and secured transaction matters, including the investigation and review of due diligence and mandatory disclosure materials. Mr. McCutcheon is also highly skilled in lease preparation, negotiation, and review. He routinely advises clients on franchise agreements and drafts disclosure documents. Trent Morris brings a wealth of knowledge and a long list of accomplishments to the firm. Prior to joining Himelfarb Proszanski, Mr. Morris was at a large national law firm practicing in the area of complex commercial litigation. He is a talented litigator and has represented clients in two matters of national importance before the Supreme Court of Canada and been part of a trial team which successfully invalidated the patent of one of the top ten selling drugs in Canada and the world. He has authored several articles and has been a guest speaker and presenter at continuing legal education seminars.</p> <p>The combined experience of our franchise law team allows us to frequently achieve favourable results and compensation for our clients. The complexities of franchise law necessitates an exceptionally competent team with significant experience in that area. Let a firm with over 20 years experience protect your rights with professional and cost-effective service.</p> <p><strong>Franchisor Services</strong></p> <p>At Himelfarb Proszanski, we provide a full range of legal services to businesses that wish to distribute an existing franchise system or maintain existing operational relationships with franchisees. Franchising is a highly complex area of law and requires specialization to avoid the common pitfalls that exist. Our lawyers have extensive experience handling complex corporate and commercial matters and will utilize this knowledge in drafting and reviewing all franchise documents, including ancillary documents, to ensure that all disclosure document requirements are fully satisfied. We also provide strategic analysis on the financial and tax implications of distributing your franchise.</p> <p>Failure to comply with mandatory disclosure requirements can result in significant financial consequences for franchisors. In advising our clients, we pay close attention to the requirements of the Arthur Wishart Act to ensure that our clients’ businesses and intellectual property are protected. This Act creates a duty of fair dealing between franchisor and franchisee, imposes a duty on the franchisor to provide comprehensive documentary disclosure, and allows for statutory causes of action where mandatory disclosure requirements have not been satisfied.</p> <p>The Franchisor Services we provide include:</p> <ul> <li>Advising on compliance with statutory disclosure requirements and drafting disclosure documents</li> <li>Advising on mergers, sales, and acquisitions of franchise systems</li> <li>Trade-mark registration and protection</li> <li>Negotiating, preparing, and reviewing franchise purchase documents</li> <li>Reviewing franchise agreements and operating manuals</li> <li>Drafting territorial agreements</li> <li>Preparation and review of all real estate transaction documents including third party supply agreements, leases, purchase and sale contracts, assignment agreements, and resulting tax implications</li> <li>Obtaining liquor licenses</li> <li>Advising on Canada Health Department regulations and appeals</li> <li>Advising on Competition Act issues</li> <li>Advising on financing, tax implications, and risk assessment</li> <li>Advising on employment issues</li> <li>Advising on insolvency issues</li> <li>Providing services during litigation and all forms of Alternative Dispute Resolution (negotiations, mediation, and arbitration)</li> </ul> <p><strong>Franchisee Services</strong></p> <p>Whether starting up a new franchise or operating an existing one, dealing with large and established corporations can be an intimidating task for individuals. The lawyers at Himelfarb Proszanski have the knowledge, skills, and experience to deal with these franchisors. Our firm will ardently represent franchisees in all aspects of the franchise relationship. Whether reviewing and advising on franchise agreements, dealing with supplier disputes, or instituting legal proceedings, our multi-disciplinary approach to legal practice ensures that clients have a full range of legal services available to protect their rights and expectations.</p> <p>The Franchisee Services we provide include:</p> <ul> <li>Preparing and reviewing franchise purchase documents</li> <li>Preparing, reviewing and advising on franchise agreementsoperating manuals and disclosure documents</li> <li>Negotiating renewals and enforcement of rights pursuant to franchise agreements</li> <li>Advising and ensuring franchisor has complied with statutory disclosure requirements</li> <li>Incorporating businesses</li> <li>Advising on franchisee advertising rights</li> <li>Creating “buying groups” which allow franchisees to benefit from lower costs through volumetric purchasing of goods and services</li> <li>Liquor license applications</li> <li>Canada Health Department regulations and appeals</li> <li>Analysis and interpretation of wrongful termination franchise agreement and non-renewal of franchise agreements</li> <li>Analysis and interpretation of breach of contract claims by franchisors</li> <li>Providing services in relation to disputes with suppliers</li> <li>Providing services in relation to misrepresentation and negligent projection matters</li> <li>Advising on employment issues</li> <li>Advising on financing, tax implications, and risk assessment</li> <li>Providing full range of litigation and arbitration services for franchise disputes</li> </ul> <p class="western"><strong><span style="color: #333333;"><span style="font-family: Helvetica, Arial, sans-serif;"><span style="font-size: medium;">Franchise Associations</span></span></span></strong></p> <p>Himelfarb Proszanski currently represents one of the largest franchise associations in Canada.</p> <p>Our firm also represents or has represented associations that are involved in the university and community college sector, employer associations in the construction industry, mutual farm insurance groups, and a licensed establishment franchisee association.</p> <p>Our experience has also allowed us to skillfully advise our clients and draft documents necessary for organizing franchisees into franchise associations. In the past, we have consulted on association governance issues and drafted by-laws in compliance with the Corporations Act.</p> <p>We also advise our clients on strategic financial and tax implications, structuring a franchise system, and establishing disclosure requirements, as well as drafting and reviewing all documents necessary to operate a franchise system.</p> <p><strong>Franchises - Complying with Canadian Law and Disclosure Requirements</strong></p> <p>The law is constantly changing with regard to franchises as seen with the introduction of new franchise privacy, consumer protection, and competition laws. It is important that franchisors and franchisees understand and remain compliant with both, the amendments to existing laws and the implementation of new legislation governing franchise operations.</p> <p>Himelfarb Proszanski will assist new and existing franchises to ensure compliance with all government regulations. We will provide comprehensive review of existing franchise agreements and disclosure documents to guarantee compliance with statutory requirements and regulations allowing our clients to operate their businesses with minimal legal distractions.</p> <p>We also provide legal advice regarding any and all legislation affecting our clients’ franchise operations including, but not limited to, compliance with the Arthur Wishart Act, Competition Act, Investment Canada Act, and Alberta Franchises Act, and other privacy legislation.</p> <p><strong>Foreign Franchises - Operating in Canada</strong></p> <p>Canada’s geographic proximity to the United States makes it very attractive for foreign franchise expansion into Canada. Our lawyers have the knowledge and skills to assist clients in drafting disclosure documents and franchise agreements to ensure that all provincial and federal regulations are complied with. This includes advice regarding, the Investment Canada Act, tax implications of establishing a franchise in Canada, and specific provincial requirements which allow a foreign franchisor to legally operate in Canada. Furthermore, we will review existing foreign franchise agreements and disclosure documents to ensure that these documents meet all applicable Canadian standards.</p> <p>Our firm is a proud and long-standing member of CONSULEGIS, an international association of esteemed law firms. This association allows us to provide seamless service to domestic and foreign franchise clients within Canada and throughout the world.</p> <p><strong>Franchise Litigation Services</strong></p> <p>As with all business relationships, disagreements will inevitably arise. Should negotiations fail, Himelfarb Proszanski will vigorously defend and protect our clients’ interests. Collectively, the lawyers at Himelfarb Proszanski have over 20 years experience assisting clients and addressing issues specifically related to franchises. We have experience before all levels of courts and tribunals in Ontario and are regarded as one of Ontario’s leading litigation firms. Our firm is recognized for its zealous advocacy in complex commercial litigation matters.</p> <p>The diversity of our law practice allows our commercial lawyers to coordinate with our highly-talented litigation team so that all available resources are efficiently utilized to better serve our clients.</p> <p><strong>For our clients we have:</strong></p> <ul> <li>Provided a full range of litigation services including seeking injunctions, conducting trial proceedings and appeals</li> <li>Successfully negotiated and litigated 5 settlements in recent years allowing our clients to obtain several settlements and judgments in excess of $1 million dollars</li> <li>Litigated and achieved several of the largest damage awards in Canadian franchise law history</li> <li>Litigated misrepresentation and negligent sale and projection matters</li> </ul> <p><strong>Alternative Dispute Resolution Services</strong></p> <p>Himelfarb Proszanski has extensive experience in advocating for our clients through a variety of alternative dispute resolution services such as negotiation, mediation, and arbitration. Not only does this contribute to cost-efficient and effective representation, it also gives our clients a wide variety of remedies available to them to ensure that, whatever the forum, the best possible solution is achieved.</p> <p>We pride ourselves on our reputation for providing timely, knowledgeable, and effective services at rates that are cost-effective. While offering the experience of our broadly – based, skilled practice group dedicated to franchisors and franchisees, you can be assured of the continuity of our service while building a rapport with a team dedicated to your matters.</p> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/franchise-services.jpg" border="0" alt="Franchise Services" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Himelfarb Proszanski currently represents one of the largest franchise associations in Canada and several Canadian franchisors that cumulatively have in excess of 500 operating locations. We act and have acted for a wide variety of individual franchisees in all segments of the market including, quick service restaurants, licensed establishments, magazine and national retailers, and a professional sports franchise.</p> <p>We advise both franchisors and franchisees on financing their business and provide strategic analysis and guidance regarding owning and operating a franchise in Canada. Our commitment to our clients means that we also provide expedient, cost-effective, and on-going legal advice after a franchise has commenced operations. Our services also include drafting all necessary documents with regard to establishing a franchise association in Canada.</p> <p>We have acted for various clients on a multitude of transactional issues such as:</p> <ul> <li>Advising on compliance with statutory disclosure requirements and drafting disclosure documents</li> <li>Reviewing and advising on franchise agreements</li> <li>Enforcement of rights pursuant to franchise agreements</li> <li>Advising on mergers, sales, and acquisitions of franchise systems</li> <li>Preparation and review of real estate transaction documents including third party supply agreements, leases, purchase and sale contracts, assignment agreements, and resulting tax implications</li> <li>Insolvency and tax matters</li> <li>Our firm’s lawyers also have extensive experience drafting all ancillary documents necessary for acquiring, selling, and operating a franchise system. Some of the documents we have drafted for clients include:</li> <li>Real estate leases and subleases</li> <li>Collateral assignments of leases</li> <li>Equipment leases</li> <li>Confidentiality, employment, noncompetition, and construction agreements</li> </ul> <p>Himelfarb Proszanski has over 20 years of experience in representing both franchisees and franchisors. Mr. Proszanski himself has served as in-house counsel for one of the largest companies in the beverage industry and was responsible for franchise licensing, distribution, and co-packing agreements.</p> <p>Working with Mr. Proszanski, is a coordinated and highly-skilled team of professionals with significant experience advising, litigating, and arbitrating on franchise law matters. David Himelfarb is Partner and head of the Litigation practice at Himelfarb Proszanski. He has extensive experience in representing clients in complex franchise litigation matters. He has also appeared before all levels of court in Ontario and has represented clients at the Supreme Court of Canada. .Tonya Mah is a long-standing member of the Himelfarb Proszanski franchise law division. Her vast experience in advising clients regarding the structuring of purchase and sale transactions and reviewing financing and licensing matters makes her a highly valuable asset to any franchising law team. She also advises franchisees on their rights in relation to franchisors. Brian McCutcheon focuses primarily on real estate and commercial law. He has developed unique skills dealing with financing and secured transaction matters, including the investigation and review of due diligence and mandatory disclosure materials. Mr. McCutcheon is also highly skilled in lease preparation, negotiation, and review. He routinely advises clients on franchise agreements and drafts disclosure documents. Trent Morris brings a wealth of knowledge and a long list of accomplishments to the firm. Prior to joining Himelfarb Proszanski, Mr. Morris was at a large national law firm practicing in the area of complex commercial litigation. He is a talented litigator and has represented clients in two matters of national importance before the Supreme Court of Canada and been part of a trial team which successfully invalidated the patent of one of the top ten selling drugs in Canada and the world. He has authored several articles and has been a guest speaker and presenter at continuing legal education seminars.</p> <p>The combined experience of our franchise law team allows us to frequently achieve favourable results and compensation for our clients. The complexities of franchise law necessitates an exceptionally competent team with significant experience in that area. Let a firm with over 20 years experience protect your rights with professional and cost-effective service.</p> <p><strong>Franchisor Services</strong></p> <p>At Himelfarb Proszanski, we provide a full range of legal services to businesses that wish to distribute an existing franchise system or maintain existing operational relationships with franchisees. Franchising is a highly complex area of law and requires specialization to avoid the common pitfalls that exist. Our lawyers have extensive experience handling complex corporate and commercial matters and will utilize this knowledge in drafting and reviewing all franchise documents, including ancillary documents, to ensure that all disclosure document requirements are fully satisfied. We also provide strategic analysis on the financial and tax implications of distributing your franchise.</p> <p>Failure to comply with mandatory disclosure requirements can result in significant financial consequences for franchisors. In advising our clients, we pay close attention to the requirements of the Arthur Wishart Act to ensure that our clients’ businesses and intellectual property are protected. This Act creates a duty of fair dealing between franchisor and franchisee, imposes a duty on the franchisor to provide comprehensive documentary disclosure, and allows for statutory causes of action where mandatory disclosure requirements have not been satisfied.</p> <p>The Franchisor Services we provide include:</p> <ul> <li>Advising on compliance with statutory disclosure requirements and drafting disclosure documents</li> <li>Advising on mergers, sales, and acquisitions of franchise systems</li> <li>Trade-mark registration and protection</li> <li>Negotiating, preparing, and reviewing franchise purchase documents</li> <li>Reviewing franchise agreements and operating manuals</li> <li>Drafting territorial agreements</li> <li>Preparation and review of all real estate transaction documents including third party supply agreements, leases, purchase and sale contracts, assignment agreements, and resulting tax implications</li> <li>Obtaining liquor licenses</li> <li>Advising on Canada Health Department regulations and appeals</li> <li>Advising on Competition Act issues</li> <li>Advising on financing, tax implications, and risk assessment</li> <li>Advising on employment issues</li> <li>Advising on insolvency issues</li> <li>Providing services during litigation and all forms of Alternative Dispute Resolution (negotiations, mediation, and arbitration)</li> </ul> <p><strong>Franchisee Services</strong></p> <p>Whether starting up a new franchise or operating an existing one, dealing with large and established corporations can be an intimidating task for individuals. The lawyers at Himelfarb Proszanski have the knowledge, skills, and experience to deal with these franchisors. Our firm will ardently represent franchisees in all aspects of the franchise relationship. Whether reviewing and advising on franchise agreements, dealing with supplier disputes, or instituting legal proceedings, our multi-disciplinary approach to legal practice ensures that clients have a full range of legal services available to protect their rights and expectations.</p> <p>The Franchisee Services we provide include:</p> <ul> <li>Preparing and reviewing franchise purchase documents</li> <li>Preparing, reviewing and advising on franchise agreementsoperating manuals and disclosure documents</li> <li>Negotiating renewals and enforcement of rights pursuant to franchise agreements</li> <li>Advising and ensuring franchisor has complied with statutory disclosure requirements</li> <li>Incorporating businesses</li> <li>Advising on franchisee advertising rights</li> <li>Creating “buying groups” which allow franchisees to benefit from lower costs through volumetric purchasing of goods and services</li> <li>Liquor license applications</li> <li>Canada Health Department regulations and appeals</li> <li>Analysis and interpretation of wrongful termination franchise agreement and non-renewal of franchise agreements</li> <li>Analysis and interpretation of breach of contract claims by franchisors</li> <li>Providing services in relation to disputes with suppliers</li> <li>Providing services in relation to misrepresentation and negligent projection matters</li> <li>Advising on employment issues</li> <li>Advising on financing, tax implications, and risk assessment</li> <li>Providing full range of litigation and arbitration services for franchise disputes</li> </ul> <p class="western"><strong><span style="color: #333333;"><span style="font-family: Helvetica, Arial, sans-serif;"><span style="font-size: medium;">Franchise Associations</span></span></span></strong></p> <p>Himelfarb Proszanski currently represents one of the largest franchise associations in Canada.</p> <p>Our firm also represents or has represented associations that are involved in the university and community college sector, employer associations in the construction industry, mutual farm insurance groups, and a licensed establishment franchisee association.</p> <p>Our experience has also allowed us to skillfully advise our clients and draft documents necessary for organizing franchisees into franchise associations. In the past, we have consulted on association governance issues and drafted by-laws in compliance with the Corporations Act.</p> <p>We also advise our clients on strategic financial and tax implications, structuring a franchise system, and establishing disclosure requirements, as well as drafting and reviewing all documents necessary to operate a franchise system.</p> <p><strong>Franchises - Complying with Canadian Law and Disclosure Requirements</strong></p> <p>The law is constantly changing with regard to franchises as seen with the introduction of new franchise privacy, consumer protection, and competition laws. It is important that franchisors and franchisees understand and remain compliant with both, the amendments to existing laws and the implementation of new legislation governing franchise operations.</p> <p>Himelfarb Proszanski will assist new and existing franchises to ensure compliance with all government regulations. We will provide comprehensive review of existing franchise agreements and disclosure documents to guarantee compliance with statutory requirements and regulations allowing our clients to operate their businesses with minimal legal distractions.</p> <p>We also provide legal advice regarding any and all legislation affecting our clients’ franchise operations including, but not limited to, compliance with the Arthur Wishart Act, Competition Act, Investment Canada Act, and Alberta Franchises Act, and other privacy legislation.</p> <p><strong>Foreign Franchises - Operating in Canada</strong></p> <p>Canada’s geographic proximity to the United States makes it very attractive for foreign franchise expansion into Canada. Our lawyers have the knowledge and skills to assist clients in drafting disclosure documents and franchise agreements to ensure that all provincial and federal regulations are complied with. This includes advice regarding, the Investment Canada Act, tax implications of establishing a franchise in Canada, and specific provincial requirements which allow a foreign franchisor to legally operate in Canada. Furthermore, we will review existing foreign franchise agreements and disclosure documents to ensure that these documents meet all applicable Canadian standards.</p> <p>Our firm is a proud and long-standing member of CONSULEGIS, an international association of esteemed law firms. This association allows us to provide seamless service to domestic and foreign franchise clients within Canada and throughout the world.</p> <p><strong>Franchise Litigation Services</strong></p> <p>As with all business relationships, disagreements will inevitably arise. Should negotiations fail, Himelfarb Proszanski will vigorously defend and protect our clients’ interests. Collectively, the lawyers at Himelfarb Proszanski have over 20 years experience assisting clients and addressing issues specifically related to franchises. We have experience before all levels of courts and tribunals in Ontario and are regarded as one of Ontario’s leading litigation firms. Our firm is recognized for its zealous advocacy in complex commercial litigation matters.</p> <p>The diversity of our law practice allows our commercial lawyers to coordinate with our highly-talented litigation team so that all available resources are efficiently utilized to better serve our clients.</p> <p><strong>For our clients we have:</strong></p> <ul> <li>Provided a full range of litigation services including seeking injunctions, conducting trial proceedings and appeals</li> <li>Successfully negotiated and litigated 5 settlements in recent years allowing our clients to obtain several settlements and judgments in excess of $1 million dollars</li> <li>Litigated and achieved several of the largest damage awards in Canadian franchise law history</li> <li>Litigated misrepresentation and negligent sale and projection matters</li> </ul> <p><strong>Alternative Dispute Resolution Services</strong></p> <p>Himelfarb Proszanski has extensive experience in advocating for our clients through a variety of alternative dispute resolution services such as negotiation, mediation, and arbitration. Not only does this contribute to cost-efficient and effective representation, it also gives our clients a wide variety of remedies available to them to ensure that, whatever the forum, the best possible solution is achieved.</p> <p>We pride ourselves on our reputation for providing timely, knowledgeable, and effective services at rates that are cost-effective. While offering the experience of our broadly – based, skilled practice group dedicated to franchisors and franchisees, you can be assured of the continuity of our service while building a rapport with a team dedicated to your matters.</p> Disability and Dismissal Law 2011-10-25T16:57:18+00:00 2011-10-25T16:57:18+00:00 http://www.himprolaw.com/practice-specialties/disability-and-dismissal-law Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/disability-dismi.jpg" border="0" style="border-style: initial; border-color: initial; margin-top: 0px; margin-right: 10px; margin-bottom: 10px; margin-left: 0px; border-width: 0px;" /></p> <table> <tbody> <tr> <td class="left-col" valign="top" width="50%"> <p><img src="http://www.himprolaw.com/images/pages/lawyers/david-himelfarb.png" border="0" alt="" align="left" style="margin-right: 5px; float: left;" /></p> <p>David Himelfarb</p> Contact Mr. Himelfarb at 1-877-820-1210 ext. 226 or email at <a href="mailto:dhimelfarb@himprolaw.com">dhimelfarb@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span> <p><strong>Disability and Personal Injury</strong></p> <p>David Himelfarb is a Partner at Himelfarb Proszanski and head of the Litigation Practice Group practicing in the areas of personal injury law and disability claims. With over 21 years of experience handling personal injury matters, Mr. Himelfarb has gained extensive experience in obtaining significant judgments for victims.</p> <p>Mr. Himelfarb has appeared before all levels of Courts and tribunals in the Province, including the Ontario Court of Appeal as well as the Supreme Court of Canada and is acknowledged as an effective advocate and negotiator. Many of his cases have been reported and are utilized as precedents in the legal community.</p> <p>As well, Mr. Himelfarb has made numerous appearances on television including Canada AM on CTV, CBC Morning News, National Edition Global News, City TV News and numerous radio stations across Canada.</p> <p>Mr. Himelfarb is a member of the Advocates Society, Toronto Lawyer’s Association, Canadian Bar Association, Ontario Trial Lawyers Association, and the Ontario Branch of the Canadian Bar Association.</p> <p>Some of the services we provide to clients regarding Disability and Personal Injury claims include:</p> <ul> <li>Motor Vehicle Accident Benefit and Personal Injury claims</li> <li>Slip and fall and Medical Malpractice claims</li> <li>Traumatic Brain and Spinal Injury disability claims</li> <li>Short-term and Long-term disability claims</li> <li>Reviewing, interpreting, and providing advice on insurance contracts</li> <li>Dealing with doctors, insurance companies, insurance adjusters, and lawyers on your behalf</li> <li>Denial of coverage due to failure to pay premiums or pre-existing conditions matters</li> </ul> <p>If you have injuries arising out of an accident or have another tort related matter, please contact Mr. Himelfarb at 1-877-820-1210 ext. 226 or email at <a href="mailto:dhimelfarb@himprolaw.com">dhimelfarb@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> </td> <td class="right-col" valign="top"> <p><img src="http://www.himprolaw.com/images/pages/lawyers/pic2.png" border="0" alt="" align="left" style="margin-right: 5px; float: left;" /></p> <p>Soma Ray-Ellis</p> Contact Ms. Ray-Ellis at (416) 599-9708 or by email at <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span> <p><strong>Discrimination and Wrongful Dismissal</strong></p> <p>Soma Ray – Ellis, is a Partner and Chair of Himelfarb Proszanski’s Employment and Labour Law Practice Group. She has significant experience in the area of employment law and is considered a leading employment lawyer in Ontario.</p> <p>Ms. Ray-Ellis has authored the Discrimination and Human Rights volume for Halsbury’s Laws of Canada, 2008, the premier encyclopedic digest on human rights law. She also co-drafted the original Human Rights Tribunal’s Rules of Practice and has published numerous articles and texts and including the Federal Equity Manual, 2002. Ms. Ray-Ellis’ vast experience has also resulted in her being considered an expert by the national mediaand is often quoted by the Globe and Mail, the Toronto Star, and the National Post and has made numerous appearances on CBC, City TV, CTV National News and various radio stations including 680 News Radio.</p> <p> </p> <p>She has also appeared before various tribunals and courts on employment law matters and was lead council to Air India at the Air India Inquiry.</p> <p>Ms. Ray-Ellis has won numerous awards and routinely speaks at various national and international conferences on employment law related matters.</p> <p>Some of the services we provide to clients regarding Discrimination and Wrongful Dismissal claims include:</p> <ul> <li>Wrongful dismissals</li> <li>Human Rights claims including those based on disability, race, gender etc.</li> <li>Handling workplace violence and harassment matters under Bill 168 (OHSA)</li> <li>Mediation and arbitration services Contract and settlement negotiation, review, and drafting</li> <li>Occupational Health and Safety Act complaints</li> <li>Workplace investigations</li> <li>Representation at courts and tribunals</li> </ul> <p>If you have been wrongfully dismissed or discriminated against or have another employment law related matter, please contact Soma Ray-Ellis at (416) 599-9708 or by email at <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <p>Ms. Ray-Ellis has published a substantial amount of articles in the area of employment law including the following articles and papers</p> <a href="http://www.himprolaw.com//component/content/article/85-page/150-ms-ray-ellis-published-works">Click here for a complete list of Ms. Ray Ellis’ published works</a></td> </tr> </tbody> </table> <h2>PERSONAL INJURY AND DISABILITY</h2> <h3>Personal Injury</h3> <p>David Himelfarb and the Civil Litigation Practice Group of Himelfarb Proszanski has acquired extensive expertise in handling a variety of personal injury matters including motor vehicle accidents, slip and falls, spinal cord and brain injuries, tort, medical malpractice, and short-term and long-term disability claims.</p> <h3>Motor Vehicle Accidents</h3> <p>After a motor vehicle accident, there are two types of claims available to a victim. The first is a cause of action against the driver of the negligent vehicle known as the tort claim. The second is a cause of action against your insurance own company or the insurance company of the negligent driver, known as the accident benefits claim. Litigation involving motor vehicles can be complex, it is essential that you retain a competent lawyer with significant experience handling both aspects of your motor vehicle claim.</p> <h3>Slips and Falls</h3> <p>Injuries resulting from slips and falls are a common type of personal injury accident. Every owner and occupier of property has a duty to ensure that any person entering his or her property is safe.</p> <p>A homeowner must make sure that the driveway and steps leading into his or her home is in good repair and is free of ice and snow in the winter.</p> <p>Similarly, an owner of a shopping mall or business must make sure that his or her floors are free of spills and slipping hazards.</p> <p>If your fall was on a city sidewalk, you must provide the municipality with written notice within 10 days. Failure to notify the city in time can invalidate your claim. It is highly recommended that you retain a lawyer quickly to do this on your behalf.</p> <p>Injuries from slips and falls can be devastating. They are usually not investigated by local police departments. Therefore, it is important to obtain the names of all witnesses, have family members take pictures, if possible, and report the slip and fall immediately to the owner and occupier of the property.</p> <p>Compensation for slip and fall accidents include:</p> <ul> <li>Pain and suffering</li> <li>Past and future income loss</li> <li>Health care expenses</li> <li>Housekeeping and home maintenance expenses</li> <li>Family Law Act claims for family members</li> </ul> <h3>Traumatic Brain and Spinal Injury</h3> <p>Traumatic Brain Injuries (TBIs) result in the death of over 11,000 Canadians a year as well as rendering nearly 6,000 people disabled in Ontario and are most commonly caused by serious motor vehicle accidents, falls, assaults, or tortuous conduct and can have severe economic, physical, and emotional consequences for victims.</p> <p>There are over 41,000 Canadians suffering from Spinal Cord Injuries (SCI) and 1,200 new SCIs every year. The most frequent causes SCIs are from motor vehicle accidents, falls, and medical procedure complications.</p> <p>The medical care requirements for people suffering a TBI or SCI can enter into the millions.?For our clients, we have negotiated million dollar settlements and have over 50 years experience handling personal injury matters. Our lawyers understand the severity of these devastating injuries and will work vigorously to quickly resolve your matter so that, in addition to compensatory damage awards, financing is available for your required medical treatment and cost of living.</p> <h3>Medical Malpractice</h3> <p>Medical Malpractice cases are extremely complex and therefore, difficult to prosecute.? It is imperative that you retain an experienced and competent lawyer who practices in this area of law. David Himelfarb leads an experienced team of lawyers who have extensive insight in representing medical malpractice victims and who are genuinely committed to securing proper and just compensation.</p> <p>We have handled hundreds of cases with successful results for our clients.?Our strategy is straightforward - Approach each case on its own merits and have each case reviewed by a physician to determine the extent of any negligence on the part of the doctor or hospital.?This individualized physician review takes the guesswork out of determining whether you have a case against a medical professional.</p> <p>If you have a personal injury matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226 or <a href="mailto:dhimelfarb@himprolaw.com">dhimelfarb@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h3>Disability Benefits</h3> <p>Disability benefits are normally available from your employer through a group benefit plan or your private insurer. Whether by an accident or illness, disability benefits are essential if you become injured and are unable to work and support yourself or your family. Unfortunately, insurance companies all too often deny disability claims. This can occur because the insurance company believes that there is insufficient evidence to support a claim of disability or because the required documentation is not completed or completed inaccurately. Sometimes, insurance companies may have more nefarious reasons for denying a claim. Whatever the reason, Himelfarb Proszanski has the experience to vigorously advocate for our clients to ensure that they receive all the compensation they are entitled. Combined, the lawyers at Himelfarb Proszanski have over 50 years experience dealing with personal injury and disability matters and a proven track record of obtaining favourable results for clients.</p> <h3>Short-term Disability Benefits</h3> <p>Your insurance contract governs all matters with respect to disability claims and payments and will set out the maximum period of coverage while you are unable to work. Sometimes, a disability claim is a consequence of a motor vehicle accident or other tort related injury. In such a case, it makes sense to have the same law firm handle both your disability claim and civil action. Himelfarb Proszanski is a full service law firm providing legal services in a multitude of areas and is capable of expeditiously and expertly handling your consolidated matters.</p> <p>If you have a disability matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226 or <a href="mailto:dhimelfarb@himprolaw.com">dhimelfarb@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h3>Long-term Disability Benefits</h3> <p>If your injury or illness is serious, it may keep you from working for an extended period of time. Long-term disability coverage steps in after short-term coverage has ended as defined in your insurance policy. Himelfarb Proszanski is committed to working closely with our clients to review insurance contracts and give advice to ensure that clients are adequately informed as to their rights and responsibilities. As with short-term disability, a long-term claim may be a consequence of a motor vehicle accident or other tort related injury. Allowing one firm to handle both your disability claim and civil action will result in seamless representation and cost savings.</p> <p>If you have a disability or personal injury matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226.</p> <h3>Incidental Claims</h3> <p>If an insurance company wrongfully denies your claim, you may also have a claim for breach of contract and good faith. As well as having accumulated years of experience dealing with insurance companies and obtaining multi-million dollar settlements for our clients, we are also regarded as one of Ontario’s leading litigation law firms and have experience before all levels of courts in Ontario and the Supreme Court of Canada. We will ensure that you get the compensation you are entitled.</p> <h2>DISCRIMINATION AND WRONGFUL DISMISSAL</h2> <h3>Wrongful Dismissal</h3> <p>In Canada an employer may terminate an employee at the employer’s discretion. There are very few exceptions where employment is guaranteed for a period of time. Generally, if there is no legal cause for the termination such as fraud, theft, breach of confidential information etc., the employer must give the employee either reasonable notice or pay in lieu of notice.</p> <p>In order to determine how much working notice or pay in lieu of notice is to be given to an employee, several factors must be considered:</p> <ul> <li>the length of service</li> <li>the employee’s age</li> <li>the character of the employment</li> <li>the availability of similar employment having regard for the experience, training and qualifications of the employee.</li> </ul> <p>Collectively, we have settled thousands of wrongful dismissal cases successfully, and are often involved in writing and speaking about this topic in the media.</p> <p>If you have a wrongful dismissal matter, contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <p>Human Rights: Human rights are quickly becoming one of the growing legal issues in the work place. Workplaces that are provincially regulated are governed by the Ontario Human Rights Code. Federally regulated workplaces are governed by the Canadian Human Rights Act. The protected grounds vary depending on the legislation. <!--<h3>The Ontario Human Rights Code protects against employment discrimination based on:</h3> <ul> <li>race</li> <li>ancestry</li> <li>place of origin</li> <li>colour</li> <li>ethnic origin</li> <li>citizenship</li> <li>creed</li> <li>sex</li> <li>sexual orientation</li> <li>age</li> <li>record of offences</li> <li>marital status</li> <li>family status</li> <li>disability</li> </ul> --></p> <h3>The Canadian Human Rights Code protects against employment discrimination based on:</h3> <ul> <li>race</li> <li>national or ethnic origin</li> <li>colour</li> <li>religion</li> <li>age</li> <li>sex</li> <li>sexual orientation</li> <li>marital status</li> <li>family status</li> <li>disability</li> <li>conviction for which a pardon has been granted</li> </ul> <p>In 2008, the law was changed so that a claim against a provincially regulated employer may now be brought in either, the courts (if there is an existing common law claim) or the Ontario Human Rights Tribunal. The Ontario Human Rights Commission now only deals with claims of systemic discrimination.</p> <p>If you have a human rights issue and want to take advantage of our expertise representing clients the Human Rights Tribunal or the Ontario Human Rights Commission, please call Soma Ray-Ellis at (416) 599-9708 or email at <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <p>Wrongfully Terminated Because of Disability: It is a human rights violation for an employer to discriminate against a disabled employee in any way. This includes discrimination in decisions related to hiring, promoting, and terminating employees. Effectively remedying violations such as these requires the services of a lawyer with significant experience before the Ontario Human Rights Tribunal and Ontario Human Rights Commission. Soma Ray-Ellis practices exclusively in the area of employment and human rights law and has published numerous articles on employment and human rights issues. She has developed unique skills to competently represent employees before all courts and tribunals in Ontario and frequently obtains favourable results.</p> <p>If you believe that you have been wrongfully terminated, please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <p>Protections Afforded to Disabled Employees: Under the Ontario Human Rights Code, disabled employees are entitled to the same treatment as non-disabled employees. If you have been rendered disabled by an injury or illness and can work, your employer may be required to make reasonable accommodations for you. Such accommodations may include:</p> <ul> <li>Allowing for flexible work hours or adjusting work schedule</li> <li>Job restructuring or reassignment to a different job</li> <li>Installing wheelchair ramps and automatic doors to allow access to workplace</li> <li>Providing work materials and documents in alternative formats such as Braille</li> <li>Allowing the use of accrued sick leave or medical leave</li> </ul> <p>If you have a human rights or accommodation issue and require assistance, please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <h3>Employee Protections under the Occupational Health and Safety Act</h3> <p>Employees have additional protections from Bill-168, a recent amendment to the Occupational Health and Safety Act, which provides that employers are required to develop and implement policies and a plan designed to prevent workplace harassment and violence, including harassment and/or violence from an employee’s spouse.</p> <h3>More Useful Resources</h3> <ul> <li><a href="http://www.himprolaw.com/ten-things-every-employee-should-know">Ten Things Every Employee Should Do After Termination</a></li> <li><a href="http://www.himprolaw.com/ten-things-every-employer-should-know">Ten Things Every Employer and Employee Should Know</a></li> </ul> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/disability-dismi.jpg" border="0" style="border-style: initial; border-color: initial; margin-top: 0px; margin-right: 10px; margin-bottom: 10px; margin-left: 0px; border-width: 0px;" /></p> <table> <tbody> <tr> <td class="left-col" valign="top" width="50%"> <p><img src="http://www.himprolaw.com/images/pages/lawyers/david-himelfarb.png" border="0" alt="" align="left" style="margin-right: 5px; float: left;" /></p> <p>David Himelfarb</p> Contact Mr. Himelfarb at 1-877-820-1210 ext. 226 or email at <a href="mailto:dhimelfarb@himprolaw.com">dhimelfarb@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span> <p><strong>Disability and Personal Injury</strong></p> <p>David Himelfarb is a Partner at Himelfarb Proszanski and head of the Litigation Practice Group practicing in the areas of personal injury law and disability claims. With over 21 years of experience handling personal injury matters, Mr. Himelfarb has gained extensive experience in obtaining significant judgments for victims.</p> <p>Mr. Himelfarb has appeared before all levels of Courts and tribunals in the Province, including the Ontario Court of Appeal as well as the Supreme Court of Canada and is acknowledged as an effective advocate and negotiator. Many of his cases have been reported and are utilized as precedents in the legal community.</p> <p>As well, Mr. Himelfarb has made numerous appearances on television including Canada AM on CTV, CBC Morning News, National Edition Global News, City TV News and numerous radio stations across Canada.</p> <p>Mr. Himelfarb is a member of the Advocates Society, Toronto Lawyer’s Association, Canadian Bar Association, Ontario Trial Lawyers Association, and the Ontario Branch of the Canadian Bar Association.</p> <p>Some of the services we provide to clients regarding Disability and Personal Injury claims include:</p> <ul> <li>Motor Vehicle Accident Benefit and Personal Injury claims</li> <li>Slip and fall and Medical Malpractice claims</li> <li>Traumatic Brain and Spinal Injury disability claims</li> <li>Short-term and Long-term disability claims</li> <li>Reviewing, interpreting, and providing advice on insurance contracts</li> <li>Dealing with doctors, insurance companies, insurance adjusters, and lawyers on your behalf</li> <li>Denial of coverage due to failure to pay premiums or pre-existing conditions matters</li> </ul> <p>If you have injuries arising out of an accident or have another tort related matter, please contact Mr. Himelfarb at 1-877-820-1210 ext. 226 or email at <a href="mailto:dhimelfarb@himprolaw.com">dhimelfarb@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> </td> <td class="right-col" valign="top"> <p><img src="http://www.himprolaw.com/images/pages/lawyers/pic2.png" border="0" alt="" align="left" style="margin-right: 5px; float: left;" /></p> <p>Soma Ray-Ellis</p> Contact Ms. Ray-Ellis at (416) 599-9708 or by email at <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span> <p><strong>Discrimination and Wrongful Dismissal</strong></p> <p>Soma Ray – Ellis, is a Partner and Chair of Himelfarb Proszanski’s Employment and Labour Law Practice Group. She has significant experience in the area of employment law and is considered a leading employment lawyer in Ontario.</p> <p>Ms. Ray-Ellis has authored the Discrimination and Human Rights volume for Halsbury’s Laws of Canada, 2008, the premier encyclopedic digest on human rights law. She also co-drafted the original Human Rights Tribunal’s Rules of Practice and has published numerous articles and texts and including the Federal Equity Manual, 2002. Ms. Ray-Ellis’ vast experience has also resulted in her being considered an expert by the national mediaand is often quoted by the Globe and Mail, the Toronto Star, and the National Post and has made numerous appearances on CBC, City TV, CTV National News and various radio stations including 680 News Radio.</p> <p> </p> <p>She has also appeared before various tribunals and courts on employment law matters and was lead council to Air India at the Air India Inquiry.</p> <p>Ms. Ray-Ellis has won numerous awards and routinely speaks at various national and international conferences on employment law related matters.</p> <p>Some of the services we provide to clients regarding Discrimination and Wrongful Dismissal claims include:</p> <ul> <li>Wrongful dismissals</li> <li>Human Rights claims including those based on disability, race, gender etc.</li> <li>Handling workplace violence and harassment matters under Bill 168 (OHSA)</li> <li>Mediation and arbitration services Contract and settlement negotiation, review, and drafting</li> <li>Occupational Health and Safety Act complaints</li> <li>Workplace investigations</li> <li>Representation at courts and tribunals</li> </ul> <p>If you have been wrongfully dismissed or discriminated against or have another employment law related matter, please contact Soma Ray-Ellis at (416) 599-9708 or by email at <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <p>Ms. Ray-Ellis has published a substantial amount of articles in the area of employment law including the following articles and papers</p> <a href="http://www.himprolaw.com//component/content/article/85-page/150-ms-ray-ellis-published-works">Click here for a complete list of Ms. Ray Ellis’ published works</a></td> </tr> </tbody> </table> <h2>PERSONAL INJURY AND DISABILITY</h2> <h3>Personal Injury</h3> <p>David Himelfarb and the Civil Litigation Practice Group of Himelfarb Proszanski has acquired extensive expertise in handling a variety of personal injury matters including motor vehicle accidents, slip and falls, spinal cord and brain injuries, tort, medical malpractice, and short-term and long-term disability claims.</p> <h3>Motor Vehicle Accidents</h3> <p>After a motor vehicle accident, there are two types of claims available to a victim. The first is a cause of action against the driver of the negligent vehicle known as the tort claim. The second is a cause of action against your insurance own company or the insurance company of the negligent driver, known as the accident benefits claim. Litigation involving motor vehicles can be complex, it is essential that you retain a competent lawyer with significant experience handling both aspects of your motor vehicle claim.</p> <h3>Slips and Falls</h3> <p>Injuries resulting from slips and falls are a common type of personal injury accident. Every owner and occupier of property has a duty to ensure that any person entering his or her property is safe.</p> <p>A homeowner must make sure that the driveway and steps leading into his or her home is in good repair and is free of ice and snow in the winter.</p> <p>Similarly, an owner of a shopping mall or business must make sure that his or her floors are free of spills and slipping hazards.</p> <p>If your fall was on a city sidewalk, you must provide the municipality with written notice within 10 days. Failure to notify the city in time can invalidate your claim. It is highly recommended that you retain a lawyer quickly to do this on your behalf.</p> <p>Injuries from slips and falls can be devastating. They are usually not investigated by local police departments. Therefore, it is important to obtain the names of all witnesses, have family members take pictures, if possible, and report the slip and fall immediately to the owner and occupier of the property.</p> <p>Compensation for slip and fall accidents include:</p> <ul> <li>Pain and suffering</li> <li>Past and future income loss</li> <li>Health care expenses</li> <li>Housekeeping and home maintenance expenses</li> <li>Family Law Act claims for family members</li> </ul> <h3>Traumatic Brain and Spinal Injury</h3> <p>Traumatic Brain Injuries (TBIs) result in the death of over 11,000 Canadians a year as well as rendering nearly 6,000 people disabled in Ontario and are most commonly caused by serious motor vehicle accidents, falls, assaults, or tortuous conduct and can have severe economic, physical, and emotional consequences for victims.</p> <p>There are over 41,000 Canadians suffering from Spinal Cord Injuries (SCI) and 1,200 new SCIs every year. The most frequent causes SCIs are from motor vehicle accidents, falls, and medical procedure complications.</p> <p>The medical care requirements for people suffering a TBI or SCI can enter into the millions.?For our clients, we have negotiated million dollar settlements and have over 50 years experience handling personal injury matters. Our lawyers understand the severity of these devastating injuries and will work vigorously to quickly resolve your matter so that, in addition to compensatory damage awards, financing is available for your required medical treatment and cost of living.</p> <h3>Medical Malpractice</h3> <p>Medical Malpractice cases are extremely complex and therefore, difficult to prosecute.? It is imperative that you retain an experienced and competent lawyer who practices in this area of law. David Himelfarb leads an experienced team of lawyers who have extensive insight in representing medical malpractice victims and who are genuinely committed to securing proper and just compensation.</p> <p>We have handled hundreds of cases with successful results for our clients.?Our strategy is straightforward - Approach each case on its own merits and have each case reviewed by a physician to determine the extent of any negligence on the part of the doctor or hospital.?This individualized physician review takes the guesswork out of determining whether you have a case against a medical professional.</p> <p>If you have a personal injury matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226 or <a href="mailto:dhimelfarb@himprolaw.com">dhimelfarb@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h3>Disability Benefits</h3> <p>Disability benefits are normally available from your employer through a group benefit plan or your private insurer. Whether by an accident or illness, disability benefits are essential if you become injured and are unable to work and support yourself or your family. Unfortunately, insurance companies all too often deny disability claims. This can occur because the insurance company believes that there is insufficient evidence to support a claim of disability or because the required documentation is not completed or completed inaccurately. Sometimes, insurance companies may have more nefarious reasons for denying a claim. Whatever the reason, Himelfarb Proszanski has the experience to vigorously advocate for our clients to ensure that they receive all the compensation they are entitled. Combined, the lawyers at Himelfarb Proszanski have over 50 years experience dealing with personal injury and disability matters and a proven track record of obtaining favourable results for clients.</p> <h3>Short-term Disability Benefits</h3> <p>Your insurance contract governs all matters with respect to disability claims and payments and will set out the maximum period of coverage while you are unable to work. Sometimes, a disability claim is a consequence of a motor vehicle accident or other tort related injury. In such a case, it makes sense to have the same law firm handle both your disability claim and civil action. Himelfarb Proszanski is a full service law firm providing legal services in a multitude of areas and is capable of expeditiously and expertly handling your consolidated matters.</p> <p>If you have a disability matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226 or <a href="mailto:dhimelfarb@himprolaw.com">dhimelfarb@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span></p> <h3>Long-term Disability Benefits</h3> <p>If your injury or illness is serious, it may keep you from working for an extended period of time. Long-term disability coverage steps in after short-term coverage has ended as defined in your insurance policy. Himelfarb Proszanski is committed to working closely with our clients to review insurance contracts and give advice to ensure that clients are adequately informed as to their rights and responsibilities. As with short-term disability, a long-term claim may be a consequence of a motor vehicle accident or other tort related injury. Allowing one firm to handle both your disability claim and civil action will result in seamless representation and cost savings.</p> <p>If you have a disability or personal injury matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226.</p> <h3>Incidental Claims</h3> <p>If an insurance company wrongfully denies your claim, you may also have a claim for breach of contract and good faith. As well as having accumulated years of experience dealing with insurance companies and obtaining multi-million dollar settlements for our clients, we are also regarded as one of Ontario’s leading litigation law firms and have experience before all levels of courts in Ontario and the Supreme Court of Canada. We will ensure that you get the compensation you are entitled.</p> <h2>DISCRIMINATION AND WRONGFUL DISMISSAL</h2> <h3>Wrongful Dismissal</h3> <p>In Canada an employer may terminate an employee at the employer’s discretion. There are very few exceptions where employment is guaranteed for a period of time. Generally, if there is no legal cause for the termination such as fraud, theft, breach of confidential information etc., the employer must give the employee either reasonable notice or pay in lieu of notice.</p> <p>In order to determine how much working notice or pay in lieu of notice is to be given to an employee, several factors must be considered:</p> <ul> <li>the length of service</li> <li>the employee’s age</li> <li>the character of the employment</li> <li>the availability of similar employment having regard for the experience, training and qualifications of the employee.</li> </ul> <p>Collectively, we have settled thousands of wrongful dismissal cases successfully, and are often involved in writing and speaking about this topic in the media.</p> <p>If you have a wrongful dismissal matter, contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <p>Human Rights: Human rights are quickly becoming one of the growing legal issues in the work place. Workplaces that are provincially regulated are governed by the Ontario Human Rights Code. Federally regulated workplaces are governed by the Canadian Human Rights Act. The protected grounds vary depending on the legislation. <!--<h3>The Ontario Human Rights Code protects against employment discrimination based on:</h3> <ul> <li>race</li> <li>ancestry</li> <li>place of origin</li> <li>colour</li> <li>ethnic origin</li> <li>citizenship</li> <li>creed</li> <li>sex</li> <li>sexual orientation</li> <li>age</li> <li>record of offences</li> <li>marital status</li> <li>family status</li> <li>disability</li> </ul> --></p> <h3>The Canadian Human Rights Code protects against employment discrimination based on:</h3> <ul> <li>race</li> <li>national or ethnic origin</li> <li>colour</li> <li>religion</li> <li>age</li> <li>sex</li> <li>sexual orientation</li> <li>marital status</li> <li>family status</li> <li>disability</li> <li>conviction for which a pardon has been granted</li> </ul> <p>In 2008, the law was changed so that a claim against a provincially regulated employer may now be brought in either, the courts (if there is an existing common law claim) or the Ontario Human Rights Tribunal. The Ontario Human Rights Commission now only deals with claims of systemic discrimination.</p> <p>If you have a human rights issue and want to take advantage of our expertise representing clients the Human Rights Tribunal or the Ontario Human Rights Commission, please call Soma Ray-Ellis at (416) 599-9708 or email at <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <p>Wrongfully Terminated Because of Disability: It is a human rights violation for an employer to discriminate against a disabled employee in any way. This includes discrimination in decisions related to hiring, promoting, and terminating employees. Effectively remedying violations such as these requires the services of a lawyer with significant experience before the Ontario Human Rights Tribunal and Ontario Human Rights Commission. Soma Ray-Ellis practices exclusively in the area of employment and human rights law and has published numerous articles on employment and human rights issues. She has developed unique skills to competently represent employees before all courts and tribunals in Ontario and frequently obtains favourable results.</p> <p>If you believe that you have been wrongfully terminated, please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <p>Protections Afforded to Disabled Employees: Under the Ontario Human Rights Code, disabled employees are entitled to the same treatment as non-disabled employees. If you have been rendered disabled by an injury or illness and can work, your employer may be required to make reasonable accommodations for you. Such accommodations may include:</p> <ul> <li>Allowing for flexible work hours or adjusting work schedule</li> <li>Job restructuring or reassignment to a different job</li> <li>Installing wheelchair ramps and automatic doors to allow access to workplace</li> <li>Providing work materials and documents in alternative formats such as Braille</li> <li>Allowing the use of accrued sick leave or medical leave</li> </ul> <p>If you have a human rights or accommodation issue and require assistance, please contact Soma Ray-Ellis at (416) 599-9708 or <a href="mailto:soma@himprolaw.com">soma@himprolaw.com</a><span style="display: none;">This e-mail address is being protected from spambots. You need JavaScript enabled to view it </span>.</p> <h3>Employee Protections under the Occupational Health and Safety Act</h3> <p>Employees have additional protections from Bill-168, a recent amendment to the Occupational Health and Safety Act, which provides that employers are required to develop and implement policies and a plan designed to prevent workplace harassment and violence, including harassment and/or violence from an employee’s spouse.</p> <h3>More Useful Resources</h3> <ul> <li><a href="http://www.himprolaw.com/ten-things-every-employee-should-know">Ten Things Every Employee Should Do After Termination</a></li> <li><a href="http://www.himprolaw.com/ten-things-every-employer-should-know">Ten Things Every Employer and Employee Should Know</a></li> </ul> International Business 2011-10-25T16:53:51+00:00 2011-10-25T16:53:51+00:00 http://www.himprolaw.com/practice-specialties/international-business Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/international-business.jpg" border="0" alt="International Business" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Himelfarb Proszanski maintains close ties with numerous law firms around the globe. We are a member of CONSELEGIS, an international association comprised of over 1600 lawyers located in more than 150 cities in 40 countries around the world.</p> <p>We facilitate business transactions for our domestic clients by making the resources of the firm’s strong affiliations with international law firms available to them. As well, our lawyers can assist international businesses establish an affiliate business in Canada by reviewing and drafting all documents necessary for a business to legally operate. We also analyze and provide guidance on the notice and application requirements of the Canada Investment Act (which applies to all foreign owners seeking control of a Canadian business or who wish to establish an unrelated Canadian business). Our lawyers can provide assistance and advice to international business clients and ensure compliance with respect to the Income Tax Act, Arthur Wishart Act, and the Business Corporations Act.</p> <p>We can provide services with respect to the following matters:</p> <ul> <li>Incorporation of a business</li> <li>Foreign acquisitions and mergers</li> <li>Drafting purchase and sale agreements for foreign commercial transactions</li> <li>Drafting of documents for cross-border transactions including term sheets, letters of intent, share purchase agreements and general purchase and sale agreements, confidentiality agreements, and exclusivity agreements</li> <li>Facilitating financing between foreign borrowers and Canadian lenders</li> <li>Drafting contracts involving sales of goods, joint venture agreements, co-ownership agreements, business combination agreements, non-disclosure and confidentiality agreements, licensing agreements, distribution agreements</li> <li>Drafting intellectual property contracts regarding matters such as trademarks, copyright, and re­seller agreements</li> <li>“Canadianizing” of foreign franchises so as to operate legitimately in Canada including drafting all required documents and advising on disclosure obligations pursuant to the Arthur Wishart Act</li> <li>Advising clients on privacy issues and drafting of Personal Information Protection and Electronic Documents Act compliant privacy policies</li> <li>Providing a full range of alternative dispute resolution services to international clients such as negotiation and representation at arbitration proceedings including enforcement of a foreign arbitration award in Canada</li> </ul> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/international-business.jpg" border="0" alt="International Business" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Himelfarb Proszanski maintains close ties with numerous law firms around the globe. We are a member of CONSELEGIS, an international association comprised of over 1600 lawyers located in more than 150 cities in 40 countries around the world.</p> <p>We facilitate business transactions for our domestic clients by making the resources of the firm’s strong affiliations with international law firms available to them. As well, our lawyers can assist international businesses establish an affiliate business in Canada by reviewing and drafting all documents necessary for a business to legally operate. We also analyze and provide guidance on the notice and application requirements of the Canada Investment Act (which applies to all foreign owners seeking control of a Canadian business or who wish to establish an unrelated Canadian business). Our lawyers can provide assistance and advice to international business clients and ensure compliance with respect to the Income Tax Act, Arthur Wishart Act, and the Business Corporations Act.</p> <p>We can provide services with respect to the following matters:</p> <ul> <li>Incorporation of a business</li> <li>Foreign acquisitions and mergers</li> <li>Drafting purchase and sale agreements for foreign commercial transactions</li> <li>Drafting of documents for cross-border transactions including term sheets, letters of intent, share purchase agreements and general purchase and sale agreements, confidentiality agreements, and exclusivity agreements</li> <li>Facilitating financing between foreign borrowers and Canadian lenders</li> <li>Drafting contracts involving sales of goods, joint venture agreements, co-ownership agreements, business combination agreements, non-disclosure and confidentiality agreements, licensing agreements, distribution agreements</li> <li>Drafting intellectual property contracts regarding matters such as trademarks, copyright, and re­seller agreements</li> <li>“Canadianizing” of foreign franchises so as to operate legitimately in Canada including drafting all required documents and advising on disclosure obligations pursuant to the Arthur Wishart Act</li> <li>Advising clients on privacy issues and drafting of Personal Information Protection and Electronic Documents Act compliant privacy policies</li> <li>Providing a full range of alternative dispute resolution services to international clients such as negotiation and representation at arbitration proceedings including enforcement of a foreign arbitration award in Canada</li> </ul> Wills, Estates, Trusts 2011-10-25T16:51:42+00:00 2011-10-25T16:51:42+00:00 http://www.himprolaw.com/practice-specialties/wills-estates-trusts Super User info@blueprintim.com <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/will-estates.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>A well-thought-out estate or succession plan should be an integral part of your personal planning. Planning for the future will ensure that only the people you trust will be appointed to look after your assets upon your death, and that gifts and bequests will be received by only those people you designate. Estate planning may also allow you and your beneficiaries to reap the benefits of deferred tax payments or significant tax savings.</p> <p>In addition, creating a trust may be an effective tool to ensure that your family, especially your children, are supported and protected. We also provide strategic analysis to clients on the advantages and disadvantages of a trust and draft all necessary documents for its creation.</p> <p>Himelfarb Proszanski has an excellent reputation for assisting clients in planning their future. We can actively assist you in reviewing, analyzing, and drafting any or all of the following as part of your overall estate plan:</p> <ul> <li>Will and Powers of Attorney for Personal Care and Property</li> <li>Interpretation and analysis of wills and trust documents</li> <li>Limited power of attorney for property while absent from Canada</li> <li>Secondary or multiple Wills for specific assets</li> <li>Living Wills</li> <li>International Will for assets outside of Canada</li> <li>Family Trust, testamentary trust and/or Henson (disability) trust</li> <li>Estate freeze and/or spousal rollover for family-owned closely-held corporations</li> <li>Butterfly share transactions for family-owned closely-held corporations, allowing for orderly succession of next-generation shareholders and management</li> <li>Retirement compensation arrangements and individual pension plans</li> <li>Advising on tax implications and formulating deferred profit sharing plans</li> </ul> <h2>Estate Administration</h2> <p>Whether as a trustee, beneficiary, or third party involved within an estate, Himelfarb Proszanski will competently advise you on all aspects of estate administration. We offer the following services:</p> <ul> <li>Obtaining Certificate of Appointment of Estate Trustee With or Without a Will</li> <li>Assist with preparing passing of accounts</li> <li>Advise on trustee duties and obligations</li> <li>Assess whether a beneficiary may be eligible for a dependant relief application</li> <li>Assist with duties of trustee, including correspondence with beneficiaries, preparing advertisements for newspapers, dealing with creditors of the estate, arranging for transfers of ownership of shares</li> <li>Assist with sale or transfer of estate property (real and personal) and preparation of any legal documentation required by a trustee as part of the performance of his or her duties</li> <li>Assist in obtaining directions from court as needed</li> <li>Preparing application for variation of will or trust in friendly circumstances</li> </ul> <h2>Estate Litigation and Court Appointed Guardianship</h2> <p>As a full service law firm, Himelfarb Proszanski’s litigation department has the skill and experience to successfully handle any of the following estate litigation situations on your behalf:</p> <ul> <li>Will challenges by potential beneficiary or trustee</li> <li>Review of grounds for claim by beneficiary, including trustee replacement</li> <li>Passing of Accounts</li> <li>Dependant Relief claims</li> <li>Disputes involving compensation of Trustee</li> <li>Analysis of validity of will and potential will challenges</li> <li>Assistance with capacity assessment to determine validity of will and/or power of attorney when signed</li> <li>Application for guardianship for property and/or person</li> <li>Advice with respect to role of children’s lawyer or public guardian and trustee</li> <li>Analysis of validity and enforceability will or trust clauses</li> <li>Prosecution or defence of solicitor negligence claims</li> </ul> <h2>Firm Trustee Duties</h2> <p>In certain circumstances, members of the firm may be willing to act as estate trustees or as trustees of a family trust. We would advise you fully on the proposed scope of our duties, any potential conflict of interest between acting as trustee and acting as your solicitor, any proposed fees for acting as a trustee, and the rights and duties of a trustee, a settlor of the trust, and a beneficiary in general.</p> <h2>Who Should Be Your Trustee?</h2> <p>When deciding on a trustee for the administration of your estate or a trust which you create, you should consider the following:</p> <ul> <li>Choose someone likely to outlive you</li> <li>You should choose someone who is trustworthy and capable and willing to follow your instructions</li> <li>If the administration of your estate will be complex, you should consider employing the services of a professional trustee such as a trust company, chartered accountant, or legal advisor. We have professional relationships with a number of these persons and entities and can assist you in selecting a trustee that best meets your needs and wishes</li> <li>Contact our firm for advice regarding the responsibilities and duties of a trustee under the Trustee Act, the Succession Law Reform Act, the Estate Act, and the Estate Administration Act or an attorney under the Substitute Decisions Act or the Powers of Attorney Act</li> <li>Discuss your wishes and the obligations of being a trustee with the person you have chosen. Remember, that person is under no legal obligation to serve as your trustee</li> <li>Appoint an alternate trustee in case the primary named trustee is unable or unwilling to perform his or her duties</li> <li>Disputes frequently arise regarding the compensation granted to trustees. Contact our office to ensure compliance with the legal requirements of a trustee’s compensation</li> </ul> <p style="display: none;"><img src="http://www.himprolaw.com/images/pages/will-estates.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>A well-thought-out estate or succession plan should be an integral part of your personal planning. Planning for the future will ensure that only the people you trust will be appointed to look after your assets upon your death, and that gifts and bequests will be received by only those people you designate. Estate planning may also allow you and your beneficiaries to reap the benefits of deferred tax payments or significant tax savings.</p> <p>In addition, creating a trust may be an effective tool to ensure that your family, especially your children, are supported and protected. We also provide strategic analysis to clients on the advantages and disadvantages of a trust and draft all necessary documents for its creation.</p> <p>Himelfarb Proszanski has an excellent reputation for assisting clients in planning their future. We can actively assist you in reviewing, analyzing, and drafting any or all of the following as part of your overall estate plan:</p> <ul> <li>Will and Powers of Attorney for Personal Care and Property</li> <li>Interpretation and analysis of wills and trust documents</li> <li>Limited power of attorney for property while absent from Canada</li> <li>Secondary or multiple Wills for specific assets</li> <li>Living Wills</li> <li>International Will for assets outside of Canada</li> <li>Family Trust, testamentary trust and/or Henson (disability) trust</li> <li>Estate freeze and/or spousal rollover for family-owned closely-held corporations</li> <li>Butterfly share transactions for family-owned closely-held corporations, allowing for orderly succession of next-generation shareholders and management</li> <li>Retirement compensation arrangements and individual pension plans</li> <li>Advising on tax implications and formulating deferred profit sharing plans</li> </ul> <h2>Estate Administration</h2> <p>Whether as a trustee, beneficiary, or third party involved within an estate, Himelfarb Proszanski will competently advise you on all aspects of estate administration. We offer the following services:</p> <ul> <li>Obtaining Certificate of Appointment of Estate Trustee With or Without a Will</li> <li>Assist with preparing passing of accounts</li> <li>Advise on trustee duties and obligations</li> <li>Assess whether a beneficiary may be eligible for a dependant relief application</li> <li>Assist with duties of trustee, including correspondence with beneficiaries, preparing advertisements for newspapers, dealing with creditors of the estate, arranging for transfers of ownership of shares</li> <li>Assist with sale or transfer of estate property (real and personal) and preparation of any legal documentation required by a trustee as part of the performance of his or her duties</li> <li>Assist in obtaining directions from court as needed</li> <li>Preparing application for variation of will or trust in friendly circumstances</li> </ul> <h2>Estate Litigation and Court Appointed Guardianship</h2> <p>As a full service law firm, Himelfarb Proszanski’s litigation department has the skill and experience to successfully handle any of the following estate litigation situations on your behalf:</p> <ul> <li>Will challenges by potential beneficiary or trustee</li> <li>Review of grounds for claim by beneficiary, including trustee replacement</li> <li>Passing of Accounts</li> <li>Dependant Relief claims</li> <li>Disputes involving compensation of Trustee</li> <li>Analysis of validity of will and potential will challenges</li> <li>Assistance with capacity assessment to determine validity of will and/or power of attorney when signed</li> <li>Application for guardianship for property and/or person</li> <li>Advice with respect to role of children’s lawyer or public guardian and trustee</li> <li>Analysis of validity and enforceability will or trust clauses</li> <li>Prosecution or defence of solicitor negligence claims</li> </ul> <h2>Firm Trustee Duties</h2> <p>In certain circumstances, members of the firm may be willing to act as estate trustees or as trustees of a family trust. We would advise you fully on the proposed scope of our duties, any potential conflict of interest between acting as trustee and acting as your solicitor, any proposed fees for acting as a trustee, and the rights and duties of a trustee, a settlor of the trust, and a beneficiary in general.</p> <h2>Who Should Be Your Trustee?</h2> <p>When deciding on a trustee for the administration of your estate or a trust which you create, you should consider the following:</p> <ul> <li>Choose someone likely to outlive you</li> <li>You should choose someone who is trustworthy and capable and willing to follow your instructions</li> <li>If the administration of your estate will be complex, you should consider employing the services of a professional trustee such as a trust company, chartered accountant, or legal advisor. We have professional relationships with a number of these persons and entities and can assist you in selecting a trustee that best meets your needs and wishes</li> <li>Contact our firm for advice regarding the responsibilities and duties of a trustee under the Trustee Act, the Succession Law Reform Act, the Estate Act, and the Estate Administration Act or an attorney under the Substitute Decisions Act or the Powers of Attorney Act</li> <li>Discuss your wishes and the obligations of being a trustee with the person you have chosen. Remember, that person is under no legal obligation to serve as your trustee</li> <li>Appoint an alternate trustee in case the primary named trustee is unable or unwilling to perform his or her duties</li> <li>Disputes frequently arise regarding the compensation granted to trustees. Contact our office to ensure compliance with the legal requirements of a trustee’s compensation</li> </ul>