About Albert S. Frank - Lawyer

Albert S. Frank is a Toronto business and trial lawyer who takes on civil disputes, business and corporate problems, and the defence of pharmacists and other professionals accused of professional misconduct. In civil cases, Frank stands up for people harmed by a broken contract, a negligent act or ethical misconduct, and for those wrongly accused of such things. It's Frank's own firm, Albert S. Frank - Lawyer, and Frank brings more than 30 years of experience to it.

Frank studied law at the University of Alberta, graduating in 1983, and first practised in Edmonton, the city Frank grew up in. Since then the work has gone to every level of court up to the Court of Appeal, in front of Alberta and Ontario courts, the Ontario Labour Relations Board and the Federal Court of Canada.

Clients span institutions and individuals. On the corporate litigation side Frank has worked for banks, insurers, oil companies and pharmaceutical manufacturers, among others, and has been corporate counsel to a number of corporations.

Frank also writes about the law, with articles published in the Canadian Bar Association's magazine National and in The Bottom Line, a publication for accounting and finance professionals. In October 2012 Frank launched a blog, Albert Frank On Law & Life, meant as a place for writing on law, business and strategy, with room for some philosophy and politics too. The office is in downtown Toronto.

History

Frank was first admitted as a lawyer in Alberta on August 8, 1984, and was admitted in Ontario in April 1988. That year Frank moved to Bay Street, joining Gardiner, Blumberg as a commercial litigator and staying for more than 13 years.

In August 2001 Frank opened an independent practice at 45 St. Clair Avenue West in Toronto and ran it for over seven years. Several years in a partnership came next. The firm of Rosenbaum & Frank has since dissolved, and Frank is once again a sole practitioner. Along the way, on February 17, 2014, Frank was also admitted to the Law Society of Nunavut.

Practice areas

Civil lawsuits

Frank's civil work covers claims over unlawful dismissal, disputes about who owns a property, and real estate investor scams. One past matter was a court order against people who left a financial company to set up a rival business, carrying off its customer files and information.

Our guide: Litigation and Dispute Resolution in Toronto

Business law and contracts

For businesses, Frank deals with deals and contract negotiations, financial paperwork, tax and securities questions, compliance and intellectual property. When money owed under a contract or a guarantee isn't paid, Frank will negotiate and, where needed, sue. Past work includes a Federal Court trademark case for a brand owner against a major retailer, which settled.

Corporate and shareholder matters

Executives come to Frank with problems involving commercial transactions, company finances, employment, the rights of directors and shareholders, incorporation, and taking a company public or off an exchange. Frank has also brought an oppression remedy claim for a minority shareholder whose majority partners had diverted money and falsified the company's financial statements.

Bankruptcy and business fraud

Frank pursues owners who defraud the bankruptcy system or commit other kinds of business fraud, and has acted against the discharge of bankrupts whose debts to a major credit card issuer had piled up.

Professional discipline defence

Pharmacists and other professionals facing misconduct allegations can turn to Frank for a defence.

How Albert S. Frank - Lawyer works

Frank aims to understand where a spouse or a hard-working employee stands legally just as well as an entrepreneur, a company boss or a senior executive. For each client the goals are proper compensation or another suitable remedy, protection of personal and business money, and keeping out of court wherever that can be done. When a fight can't be avoided, Frank commits to carrying it as far as the Court of Appeal if the other side won't back down sooner.

Reported cases

  • Altman v. Steve's Music, 2011 ONSC 1480

    Frank acted for the plaintiff, who had worked for Steve's Music Store for more than 30 years, who sought pay in lieu of notice along with damages for mental distress and punitive damages. The court found the employment contract hadn't been frustrated, held that the dismissal was wrongful, and set reasonable notice at 22 months.

Decisions where the firm's lawyers appeared as counsel, from public court records. Past cases don't predict future results.

Milestones & recognition

  • For a number of years Frank taught Civil Litigation in the Law Society of Upper Canada's Bar Admission Course, and has spoken to University of Windsor law students about employment law.
  • Frank has been interviewed on Report on Business Television about the risks in selling a business, and on CTV News and CTV Live about the bankruptcy questions raised by the Lac-Megantic derailment.
  • The Commons Institute invited Frank onto the faculty of its Advanced Topics in Business Law program, scheduled for February 2015 in Toronto, to speak on the causes of shareholder disputes and the remedies for them.
  • On November 4, 2022, Frank gave a guest lecture on drafting Statements of Claim and Statements of Defence to a Civil Litigation Procedures class at Centennial College.

In the community

  • Frank served as President of the Rotary Club of Toronto-Forest Hill for 2007-2008 and is a Paul Harris Fellow.
  • Frank has given talks on legal and business subjects to many groups, among them the Society of Professional Accountants and the Human Resources Professionals Association.
  • In 2012 Frank spoke to agents at Century 21 Times Square Realty in Richmond Hill about spotting a crooked real estate vendor, and in 2018 gave a talk on the legal pitfalls of buying and selling real estate to a group at Royal LePage Terrequity Realty in Toronto.

The neighbourhood

Frank works from Suite 2000 at 393 University Avenue. University Avenue is an eight-lane street lined with some of the city's major institutions, Osgoode Hall and other legal bodies among them. Also on the avenue, at 330 University, is the Superior Court of Justice's civil courthouse, where bankruptcy, commercial and estates matters have their own floor.

Frequently asked questions

My buyer refused to close and then registered a caution on my property's title. Has Albert S. Frank dealt with that?
Albert S. Frank has. In a case written up in The Globe and Mail in February 2018, a buyer backed out without closing and registered a caution against the sellers' title. Frank went to court to have it removed; the judge found the caution should never have been registered and ordered the buyer to pay the sellers' costs on a substantial indemnity scale.
Can Albert Frank help me negotiate one of those very long commercial lease forms from a landlord?
Albert Frank helps clients make sense of a landlord's lengthy commercial lease form and negotiate its terms.
I think a director of my company put personal interests ahead of the company. Does Albert Frank take breach of fiduciary duty cases, and on which side?
Albert Frank works on both sides of fiduciary duty claims involving corporate officers, directors and senior executives, suing for breach as well as defending people accused of it, and has decades of experience in this area.
A former employee took company files to a competitor. Can Albert Frank act for the company?
Albert Frank pursues current and former executives and other employees who hand important company documents and data to a competing business without consent.

Where to find them

393 University Ave, Suite 2000, Toronto, Ontario M5G 1E6 · 416-929-7202

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