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. https://himprolaw.com/practice-specialties 2019-07-24T01:55:46+00:00 Himprolaw info@himprolaw.com Joomla! - Open Source Content Management Business Interruption Insurance 2018-03-16T22:13:12+00:00 2018-03-16T22:13:12+00:00 https://himprolaw.com/practice-specialties/business-interruption-insurance Super User eng.smmonir@gmail.com <p style="display: none;"><img src="https://himprolaw.com/images/pages/corporate-commercial.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Businesses, franchisers and franchisees are not immune to unforeseen disasters impacting their operations' income.</p> <p><strong>Business interruption insurance</strong>, also known as business income insurance, is a type of insurance that covers the loss of income that a business suffers after a disaster. The income loss covered may be due to disaster-related closing of the business facility or due to the rebuilding process after a disaster.</p> <h2>What does business interruption insurance cover?</h2> <p><ul><li>Business Interruption policies cover income losses during a disaster related closing of a business.</li><li>Bricks and mortar businesses can be disrupted by flood, fire, windstorm, ice storm, etc.</li></ul></p> <p></p> <h2>Why you need a Business Interruption Insurance Policy that fits your needs?</h2> <p>Insurance is a license to sue; let's get you, our client, the best policy up front so that later the insurer recognizes a payout is the only solution to the claim. You buy business interruption insurance so that your business can survive during an extended shut down outside your control. Our goal is to get you the funds during that shutdown so that you can keep key employees and customers in place during your time of need.</p> <h2>How Himelfarb Proszanski can help your business?</h2> <p>Our compliance review will consider covenant and other contractual obligations as well as explore areas that help focus the policy to your specific requirements. So that later, if it is necessary to make a claim, you are best positioned to recover losses, including if necessary through the courts.</p> <p>We can help file the claim, in conjunction with our client's insurance broker and then if necessary enforce the claim through the courts, if the insurer refuses to respond.</p> <p>For the insurance companies, our process helps the insurer know the risk insured up front, to avoid surprises for everyone later.</p> <p><a href="http://www.himprolaw.com/contact">Contact us today</a> to learn more about how we can help protect your business</p> <p style="display: none;"><img src="https://himprolaw.com/images/pages/corporate-commercial.jpg" border="0" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Businesses, franchisers and franchisees are not immune to unforeseen disasters impacting their operations' income.</p> <p><strong>Business interruption insurance</strong>, also known as business income insurance, is a type of insurance that covers the loss of income that a business suffers after a disaster. The income loss covered may be due to disaster-related closing of the business facility or due to the rebuilding process after a disaster.</p> <h2>What does business interruption insurance cover?</h2> <p><ul><li>Business Interruption policies cover income losses during a disaster related closing of a business.</li><li>Bricks and mortar businesses can be disrupted by flood, fire, windstorm, ice storm, etc.</li></ul></p> <p></p> <h2>Why you need a Business Interruption Insurance Policy that fits your needs?</h2> <p>Insurance is a license to sue; let's get you, our client, the best policy up front so that later the insurer recognizes a payout is the only solution to the claim. You buy business interruption insurance so that your business can survive during an extended shut down outside your control. Our goal is to get you the funds during that shutdown so that you can keep key employees and customers in place during your time of need.</p> <h2>How Himelfarb Proszanski can help your business?</h2> <p>Our compliance review will consider covenant and other contractual obligations as well as explore areas that help focus the policy to your specific requirements. So that later, if it is necessary to make a claim, you are best positioned to recover losses, including if necessary through the courts.</p> <p>We can help file the claim, in conjunction with our client's insurance broker and then if necessary enforce the claim through the courts, if the insurer refuses to respond.</p> <p>For the insurance companies, our process helps the insurer know the risk insured up front, to avoid surprises for everyone later.</p> <p><a href="http://www.himprolaw.com/contact">Contact us today</a> to learn more about how we can help protect your business</p> Corporate Commercial 2011-10-25T16:35:05+00:00 2011-10-25T16:35:05+00:00 https://himprolaw.com/practice-specialties/corporate-commercial Super User eng.smmonir@gmail.com <p style="display: none;"><img src="https://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><a href="https://himprolaw.com/practice-specialties/business-interruption-insurance" target="_blank">Business Interruption Insurance</a></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="https://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><a href="https://himprolaw.com/practice-specialties/business-interruption-insurance" target="_blank">Business Interruption Insurance</a></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 https://himprolaw.com/practice-specialties/employment-law Super User eng.smmonir@gmail.com <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 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> <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 call 1-877-820-1210.</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 us: 1-877-820-1210</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>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 us: 1-877-820-1210.</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 us at 1-877-820-1210</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 us at: 1-877-820-1210</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="https://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="https://himprolaw.com/ten-things-every-employee-should-know">read more...</a></div> <h3><a href="https://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="https://himprolaw.com/ten-things-every-employer-should-know">read more...</a></p> <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 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> <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 call 1-877-820-1210.</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 us: 1-877-820-1210</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>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 us: 1-877-820-1210.</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 us at 1-877-820-1210</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 us at: 1-877-820-1210</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="https://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="https://himprolaw.com/ten-things-every-employee-should-know">read more...</a></div> <h3><a href="https://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="https://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 https://himprolaw.com/practice-specialties/civil-litigation Super User eng.smmonir@gmail.com <p style="display: none;"><img style="float: left; border: 0; margin: 0 10px 10px 0;" src="https://himprolaw.com/images/pages/civil-litigation.jpg" alt="" border="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 style="float: left; border: 0; margin: 0 10px 10px 0;" src="https://himprolaw.com/images/pages/civil-litigation.jpg" alt="" border="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 https://himprolaw.com/personal-injury-law Super User eng.smmonir@gmail.com <p><a href="http://www.himpro.ca"><img src="https://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="https://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 https://himprolaw.com/practice-specialties/real-estate Super User eng.smmonir@gmail.com <p style="display: none;"><img src="https://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="https://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 https://himprolaw.com/practice-specialties/condominium-law Super User eng.smmonir@gmail.com <p style="display: none;"><img src="https://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="https://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 https://himprolaw.com/practice-specialties/franchise-services Super User eng.smmonir@gmail.com <p style="display: none;"><img src="https://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="https://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> Current Class Action Lawsuits 2019-03-08T17:53:08+00:00 2019-03-08T17:53:08+00:00 https://himprolaw.com/class-actions Super User eng.smmonir@gmail.com <p style="display: none;"><img src="https://himprolaw.com/images/pages/franchise-services.jpg" border="0" alt="Class Actions" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Our current class actions include:</p> <ul> <li><a href="https://www.himprolaw.com/practice-specialties/tim-hortons-ad-fund-action">Tim Hortons Ad Fund Action</a></li> <li><a href="https://www.himprolaw.com/practice-specialties/tim-hortons-association-action">Tim Hortons Association Action</a></li></ul> <div style="display: block; background-color: #e0ecff; padding: 10px;"><h2>Want to Launch a Legal Recourse Through a Class Action?</h2> <p>If you have been wronged or harmed by the actions of a corporation or organization and believe there may be others in the same situation, <strong>call us at 1-877-820-1210</strong> so we can examine your claim and establish a course of action asap.</p> <p>Himelfarb Proszanski currently represents one of the largest franchise associations in Canada in 2 class actions.</p></div> <p style="display: none;"><img src="https://himprolaw.com/images/pages/franchise-services.jpg" border="0" alt="Class Actions" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <p>Our current class actions include:</p> <ul> <li><a href="https://www.himprolaw.com/practice-specialties/tim-hortons-ad-fund-action">Tim Hortons Ad Fund Action</a></li> <li><a href="https://www.himprolaw.com/practice-specialties/tim-hortons-association-action">Tim Hortons Association Action</a></li></ul> <div style="display: block; background-color: #e0ecff; padding: 10px;"><h2>Want to Launch a Legal Recourse Through a Class Action?</h2> <p>If you have been wronged or harmed by the actions of a corporation or organization and believe there may be others in the same situation, <strong>call us at 1-877-820-1210</strong> so we can examine your claim and establish a course of action asap.</p> <p>Himelfarb Proszanski currently represents one of the largest franchise associations in Canada in 2 class actions.</p></div> Tim Hortons Ad Fund Action 2019-03-08T17:53:08+00:00 2019-03-08T17:53:08+00:00 https://himprolaw.com/practice-specialties/tim-hortons-ad-fund-action Super User eng.smmonir@gmail.com <p style="display: none;"><img src="https://himprolaw.com/images/pages/franchise-services.jpg" border="0" alt="Class Actions" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <h2>Case Summary</h2> <p>Tim Horton’s is one of Canada’s most well-known brands and operates quick serve restaurants under a franchise system. Franchisees operate Tim Hortons franchises pursuant to a franchise agreement with TDL. RBI is the parent corporation of TDL.</p> <p>The Ad Fund Action alleges that subsequent to the acquisition of TDL and incorporation of RBI by a Brazilian private equity firm, 3G Capital (3G) around December 15, 2014, the use and administration of an advertising and promotions fund (the Ad Fund) materially changed to purposes not previously permitted or intended. The Ad Fund is funded from license fees and royalties (currently 3.5% of gross sales) paid by the Franchisees and the permitted uses are governed by the franchise agreements, statutes and common law. During the period covered by this action the Ad Fund collected over $700M in contributions from franchisees. The allegations against TDL include breach of contract and statutory breaches.</p> <p>Further details are set out in the <a href="https://himprolaw.com/../images/pages/docs/04_Fresh-As-Amended-Statement-of-Claim-re-Ad-Fund--amended-Jan-16-2019.pdf" target="_blank" title="Fresh as Amended Ad Fund Statement of Claim">Fresh as Amended Ad Fund Statement of Claim.</a></p> <h2>Relevant Case Documents</h2> <ul><li><a href="https://himprolaw.com/../images/pages/docs/04_Fresh-As-Amended-Statement-of-Claim-re-Ad-Fund--amended-Jan-16-2019.pdf" target="_blank" title="Fresh as Amended Ad Fund Statement of Claim">Fresh as Amended Statement of Claim</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Litigation-Funding-Agreement-Decision-2019onsc999.pdf" target="_blank" title="Litigation Funding Agreement">Litigation Funding Approval Decision</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Litigation-Funding-Approval-Order---Ad-Fund.pdf" target="_blank" title="Litigation Funding Approval Order">Litigation Funding Approval Order</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad-Fund-Action---Certification-Order---Issued-and-Entered-March-22_2019.pdf" target="_blank" title="Ad Fund Action – Certification Order">Ad Fund Action – Certification Order</a> Issued and Entered (March 22, 2019)</li> <li><a href="https://himprolaw.com/../images/pages/docs/Motion_Record-Settlement_Approval.pdf" target="_blank" title="Motion Record – Settlement Approval">Motion Record – Settlement Approval</a> (April 15 2019)</li> <li><a href="https://himprolaw.com/../images/pages/docs/JB_M v TDL Settlement Approval 20190429.pdf" target="_blank" title="Settlement Approval Decision">Settlement Approval Decision</a></li></ul> <h2>Settlement Agreement & Notices</h2> <ul><li><a href="https://himprolaw.com/../images/pages/docs/TDL-Walker-Settlement-Agreement---6-March-2019---FULLY-EXECUTED-WITH-ALL-SCHEDULES.pdf" target="_blank" title="TDL Walker Settlement Agreement - 6 March 2019">Link to view Settlement Agreement</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Settlement-Agreement-Translated-into-French-for-Informational-Purposes-Only.pdf" target="_blank" title="TDL Walker Entente de Reglement - March 6 - 2019">Lien pour afficher l&#39;Entente de r&egrave;glement</a> (en fran&ccedil;ais) - &agrave; titre d&#39;information seulement/for information purpose only</li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad-Fund---First-Notice.pdf" target="_blank" title="Ad Fund First Notice">Link to view First Notice</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad-Fund---Opt-Out-Form.pdf" target="_blank" title="Ad Fund Opt Out Form">Link to view Opt Out Form</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad_Fund_Action_Schedule_B_Second_Notice_April_29_2019.pdf" target="_blank" title="Second Notice">Link to view Second Notice</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad_Fund-Settlement-Approval-Order-April_29_2019.pdf" target="_blank" title="Settlement Approval Order - April 29, 2019">Link to view Ad Fund - Settlement Approval Order - April 29, 2019</a></li></ul> <p style="display: none;"><img src="https://himprolaw.com/images/pages/franchise-services.jpg" border="0" alt="Class Actions" style="float: left; border: 0; margin: 0 10px 10px 0;" /></p> <h2>Case Summary</h2> <p>Tim Horton’s is one of Canada’s most well-known brands and operates quick serve restaurants under a franchise system. Franchisees operate Tim Hortons franchises pursuant to a franchise agreement with TDL. RBI is the parent corporation of TDL.</p> <p>The Ad Fund Action alleges that subsequent to the acquisition of TDL and incorporation of RBI by a Brazilian private equity firm, 3G Capital (3G) around December 15, 2014, the use and administration of an advertising and promotions fund (the Ad Fund) materially changed to purposes not previously permitted or intended. The Ad Fund is funded from license fees and royalties (currently 3.5% of gross sales) paid by the Franchisees and the permitted uses are governed by the franchise agreements, statutes and common law. During the period covered by this action the Ad Fund collected over $700M in contributions from franchisees. The allegations against TDL include breach of contract and statutory breaches.</p> <p>Further details are set out in the <a href="https://himprolaw.com/../images/pages/docs/04_Fresh-As-Amended-Statement-of-Claim-re-Ad-Fund--amended-Jan-16-2019.pdf" target="_blank" title="Fresh as Amended Ad Fund Statement of Claim">Fresh as Amended Ad Fund Statement of Claim.</a></p> <h2>Relevant Case Documents</h2> <ul><li><a href="https://himprolaw.com/../images/pages/docs/04_Fresh-As-Amended-Statement-of-Claim-re-Ad-Fund--amended-Jan-16-2019.pdf" target="_blank" title="Fresh as Amended Ad Fund Statement of Claim">Fresh as Amended Statement of Claim</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Litigation-Funding-Agreement-Decision-2019onsc999.pdf" target="_blank" title="Litigation Funding Agreement">Litigation Funding Approval Decision</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Litigation-Funding-Approval-Order---Ad-Fund.pdf" target="_blank" title="Litigation Funding Approval Order">Litigation Funding Approval Order</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad-Fund-Action---Certification-Order---Issued-and-Entered-March-22_2019.pdf" target="_blank" title="Ad Fund Action – Certification Order">Ad Fund Action – Certification Order</a> Issued and Entered (March 22, 2019)</li> <li><a href="https://himprolaw.com/../images/pages/docs/Motion_Record-Settlement_Approval.pdf" target="_blank" title="Motion Record – Settlement Approval">Motion Record – Settlement Approval</a> (April 15 2019)</li> <li><a href="https://himprolaw.com/../images/pages/docs/JB_M v TDL Settlement Approval 20190429.pdf" target="_blank" title="Settlement Approval Decision">Settlement Approval Decision</a></li></ul> <h2>Settlement Agreement & Notices</h2> <ul><li><a href="https://himprolaw.com/../images/pages/docs/TDL-Walker-Settlement-Agreement---6-March-2019---FULLY-EXECUTED-WITH-ALL-SCHEDULES.pdf" target="_blank" title="TDL Walker Settlement Agreement - 6 March 2019">Link to view Settlement Agreement</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Settlement-Agreement-Translated-into-French-for-Informational-Purposes-Only.pdf" target="_blank" title="TDL Walker Entente de Reglement - March 6 - 2019">Lien pour afficher l&#39;Entente de r&egrave;glement</a> (en fran&ccedil;ais) - &agrave; titre d&#39;information seulement/for information purpose only</li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad-Fund---First-Notice.pdf" target="_blank" title="Ad Fund First Notice">Link to view First Notice</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad-Fund---Opt-Out-Form.pdf" target="_blank" title="Ad Fund Opt Out Form">Link to view Opt Out Form</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad_Fund_Action_Schedule_B_Second_Notice_April_29_2019.pdf" target="_blank" title="Second Notice">Link to view Second Notice</a></li> <li><a href="https://himprolaw.com/../images/pages/docs/Ad_Fund-Settlement-Approval-Order-April_29_2019.pdf" target="_blank" title="Settlement Approval Order - April 29, 2019">Link to view Ad Fund - Settlement Approval Order - April 29, 2019</a></li></ul>