Regulatory law, also known as administrative law, is the branch of law that addresses decisions made by the various tribunals and agencies created by the federal, provincial, or municipal levels of government. Such regulatory bodies are generally constructed by statute to protect the public. The rules that govern these bodies are very particular and differ significantly from those that govern civil and criminal courts. Proceedings before these tribunals and agencies require assistance from lawyers who have significant administrative law experience and who can navigate these highly specific rules and procedures.
At Milosevic Fiske LLP in Toronto, we represent clients in claims involving securities, occupational health, and environmental disputes at tribunals and commissions, at trial, and on appeal. Our regulatory lawyers have appeared on many regulatory motions before the Court of Appeal for Ontario and have conducted many trials in this area of law.
We thrive on taking on the most challenging regulatory claims and use our exceptional litigation experience to successfully represent clients. We are in court, mediations, or before a tribunal or regulatory body almost every day. As a result, we have become exceptionally adept at thinking on our feet and addressing the unexpected. Over the years we have seen it all and helped our clients mitigate their legal and financial risks. Our impressive track record speaks for itself.
Each Canadian province is responsible for securities regulations in that province. In Ontario, the Ontario Securities Commission (OSC) administers the Securities Act and the Commodity Futures Act as well as their related regulations. Together this provides a governing framework to deter misconduct, regulate participants in securities, and safeguard investors.
At Milosevic Fiske LLP, we defend criminal and civil enforcement proceedings brought by the OSC and launch judicial review applications to appeal and challenge decisions made by the OSC.
Occupational health and safety is a large concern for business owners and employers across Ontario. Together, the Occupational Health and Safety Act (OHSA) and the Workplace Safety and Insurance Act (WSIA) provide the foundation for workplace health and safety for provincially regulated workplaces across the province.
The Ministry of Labour is responsible for enforcing the rights and responsibilities of workplace parties. The Ministry has very broad powers and can take steps to enter a workplace and investigate it, seize relevant documents and records, talk to employees and others, force employers to cooperate, and can administer significant fines and other penalties. In some cases, civil charges under the OHSA can result in criminal implications as well, including jail time.
At Milosevic Fiske LLP, we regularly represent employers, businesses, and directors and officers in various matters involving occupational health and safety before the Ontario Labour Relations Board and in court. We also launch judicial review applications to appeal and challenge decisions by these bodies.
In Canada, environmental regulation is shared between municipal, provincial, and federal governments, with each level of government having specific oversight over certain aspects of the environment. Collectively, ministries, regulators, and officers consider environmental issues within the broader context of the public interest and have broad discretionary powers.
Ministries make sweeping administrative decisions that have significant impact, including those over approval of large projects and granting or refusing permits and licenses, among other things. Officers can, for instance, enter private property without a warrant, seize relevant records and samples, and question individuals, and exercise other authority.
Many environmental statutes outline various offences, including hindering an officer, failure to comply with an order issued by an officer, failing to make required reports, and discharging contaminants.
Directors and officers of a corporation have a legal duty to ensure the company’s activities comply with all relevant environmental laws and regulations. Where they do not, the directors and officers may be held personally responsible for any breaches or offences. In some cases, employees who breach environmental laws may also be liable for their misconduct.
At Milosevic Fiske LLP, we regularly represent organizations, businesses, and individuals who are facing regulatory and other charges stemming from environmental issues in court and before various agencies and tribunals. We also launch judicial review applications to appeal and challenge decisions by these bodies.
If you are facing regulatory charges and require representation before a tribunal, agency, other administrative body, or in court, contact Milosevic Fiske LLP. We can help simplify what is otherwise highly complex litigation. Our experienced litigation lawyers help our clients see through the dense forest of even the most complicated administrative disputes. We excel at cutting through the underbrush and guiding clients to a creative, cost-effective solution. Call us at 416-916-1387 or contact us online to learn more about how we can help.
Phone: (416) 916-1387