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As mentioned in our COVID-19 communication, many of our lawyers and staff are working remotely and we continue to remain open and serve our clients. All employees have access to their electronic mail, telephone messaging systems, and electronic files needed for a seamless transition to our remote environment. 

 

 

W. Ross MacDougall

Partner

PROFILE

Ross is a Partner in the firm's Litigation and Dispute Resolution group. Ross has a broad practice, including commercial litigation, construction law, tax litigation, estate litigation and health law matters. Ross has appeared before various courts and tribunals in Ontario.

Ross was recognized by his peers for inclusion in The Best Lawyers™ in Canada 2019, in the area of Construction Law.

Publications

APRIL 16 2020

Construction Law Update - Suspension Period Lifted for Construction Liens and the Release of Holdback

On March 20, 2020, the Province of Ontario filed an order in council under the Emergency Management and Civil Protection Act effectively suspending until further notice all statutory limitation periods, including the limitation periods to preserve and perfect construction liens retroactive to March 16, 2020. However, the inclusion of construction liens in the suspension order proved highly problematic. 

Download Publication Attachment

APRIL 09 2020

Ontario's Construction Industry - Still Open For Business?

On Friday April 3, 2020, the Provincial government announced it would be reducing the list of businesses classified as essential and order more businesses to close. The government's announcement included a significant change to the construction sector. While most of the industry was deemed an "essential service" by the Province just a few weeks ago, this most recent announcement requires all construction activities to cease, subject to certain key exceptions.

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AUGUST 21 2019

19 Fogler Rubinoff Partners Ranked in The Best Lawyers™ in Canada

Fogler Rubinoff is pleased to announce that the following 19 lawyers were selected by their peers for inclusion in the 2020 edition of The Best Lawyers in Canada.

  • Don Bourgeois – Gaming Law
  • Steven Cygelfarb - Real Estate Law, Commercial Leasing Law
  • Milton A. Davis - Legal Malpractice Law
  • Albert Engel - Environmental Law
  • Michael B. Fraleigh - Health Care Law, Medical Negligence
  • Jeffrey B. Goldenberg - Real Estate Law
  • Bill Hearn - Advertising and Marketing Law
  • Eric N. Hoffstein – Trust and Estates
  • Ian N. Kady - Real Estate Law
  • Gary Kissack - Aboriginal Law
  • Ross MacDougall – Construction Law
  • Martin L. Middlestadt - Real Estate Law
  • Kenneth W. Movat - Construction Law
  • Young Park – Corporate and Commercial Litigation
  • Karen Rosen - Energy Law
  • John Rowinski – Aboriginal Law
  • Howard Rubinoff – Banking and Finance Law
  • Colleen Spring Zimmerman - Intellectual Property Law
  • Mary Wahbi – Trusts and Estates

Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.

SEPTEMBER 30 2014

Peter Baek and Ross MacDougall’s recent success in the Tax Court of Canada featured in The Bottom Line

Peter Baek and Ross MacDougall’s success on behalf of a taxpayer was highlighted in The Bottom Line, a business periodical for accounting and financial professionals.  The article discusses the implications of the Tax Court’s decision in Bolton Steel Tube Co. v. The Queen regarding tax settlement agreements.  Please click on the following link to read a PDF copy of the article: "TCC Ruling Stresses 'Reasonable' Agreements".

Representative Work

Ledore Investments Limited (Ross Steel Fabricators & Contractors) v. Ellis-Don Construction Ltd.

Ross MacDougall and Robin Joffe were recently successful before the Court of Appeal in the matter of Ledore Investments Limited (Ross Steel Fabricators & Contractors) v. Ellis-Don Construction Ltd.

 In the decision released June 20, 2017, the Court of Appeal overturned a decision of Morrisette J. of the Ontario Superior Court of Justice, thereby reinstating a commercial arbitration award rendered by Larry Banack, which dismissed a delay claim of Ellis-Don Construction Ltd. of approximately $1 million. The long road to success first required Ross and Robin to obtain leave, which was granted by the Court of Appeal on December 23, 2016.

 In overturning the lower court’s decision, the Court of Appeal accepted Ross and Robin's argument that the arbitrator's finding that a “claims made in writing” clause in the parties’ construction contract required more than notice of a prospective claim, was reasonable. The appeal raised important issues relating to the interpretation of claims provisions in construction contracts and the standard of review of arbitration decisions.

 The Court of Appeal’s decision may be found at http://www.ontariocourts.ca/decisions/2017/2017ONCA0518.htm.

Memberships

  • Canadian Bar Association
  • Medico-Legal Society of Toronto
  • Law Society of Ontario
  • Advocates Society

Education

  • University of Toronto, LL.B., 2003
  • University of Ottawa, B.A., 2000

Professional Designation

  • Admitted to Ontario Bar, 2004

Awards and Recognition

Recognized as a leading lawyer in The Best Lawyers™ in Canada: Construction Law

Portrait

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