Harris M. Rosen
Barrister & Solicitor

Legal Services

About Harris M. Rosen

Practice focused primarily on Education Law

Harris established Harris Rosen Professional Corporation on May 1, 2018, so that he could give his well-established client base more nimble and personalized attention, not to mention flexible fee options. He also remains Education Law Counsel to a large Canadian law firm where he has been practising law since 2007, and following his departure from the firm's Capital Partnership in August of 2017. He was admitted to practice law in Ontario in 1994.  Since then, he has headed up a regulatory department in a public company, engaged in private practice, and raised venture capital in his own business. Harris has had considerable experience in administrative law, regulatory, and corporate matters.  His clients have included large Fortune 100 Companies, as well as a diverse number of small and medium-sized businesses.


Since his return to private practice in 2002, he has acted almost exclusively for private post secondary institutions, including private career colleges, private career training institutions,  language (ESL) schools, corporate training institutions, and private degree granting institutions.  More recently, Harris has been retained by a significant number of organizations who wish to seek exempt status and avoid being subject to the rules and regulations governing registered private post secondary institutions. Harris also acts as counsel to a growing number of private high schools, and for both institutions and Applicants in Human Rights accommodation, and sexual violence related cases. 


Harris represents private colleges across the country, with an emphasis on regulatory compliance and government accountability.  He routinely advises colleges on IP matters, labour and employment matters, and education-specific litigation.  He also represents private career colleges in relation to the purchase and sale of registrant schools, and on student discipline issues. He routinely drafts student enrolment contracts to comply with the enabling legislation.  


In 2012, Harris was involved in the creation of the Lucia Colavita Foundation, a Charitable Trust in memory of Lucy Colavita, with a mission to promote research and development of the surgical knife, and provision of educational programs for disadvantaged students.


Harris successfully argued two cases which tested the new provisions of the PCCA, 2005. He prevailed in the Ontario Fire Academy case on both substantive and procedural grounds, a seven day Hearing against the Superintendent of Private Career Colleges in 2011.  He also successfully argued the Business Skills Inc. case in 2010, and has been successful on a significant number of Freedom of Information requests relating to access to information by private career college requesters. Most significantly, Harris has settled many more discipline files involving private career colleges at the pre-hearing stage and informally with the Superintendent of Private Career Colleges, and without resort to litigation. The overwhelming majority of PCCA, 2005 cases are negotiated. 

Private Career Colleges Act, 2005 Annotated

 

Harris Rosen’s publications are numerous. He publishes frequently on topics ranging from private post-secondary education to the future labour market demand and the problem of an aging workforce, to the evolving doctrine of bullying and bullying in the high school and post-secondary context.


His most recent substantive publication, the Annotated Private Career Colleges Act, 2005 and Regulations, Second Edition (http://store.thomsonreuters.ca/product-detail/annotated-private-career-colleges-act-2005-and-regulations-second-edition/), was released in August of 2017, by Carswell Legal Publishers, with a Foreword by the Right Honourable John N. Turner (former Prime Minister of Canada) and an Epilogue written by Mark Adler (former Member of Parliament under the Progressive Conservative Party).


The second edition of the complete guide to the regulation and operation of private career colleges in Ontario contains key updates to address the explosion of the online education industry, an increased interest from foreign investors, the challenges of dealing with government regulators which are being experienced in other provinces, sexual violence, bullying and more. Practice area experts Harris Rosen and Alan Wolfish Q.C., guide the reader through pivotal issues such as how to remain exempt from the Act, how to negotiate financial security (which all registrant institutions must post against the threat of closure in accordance with their risk profile) and how to avoid advertising practices which could attract monetary penalties. This text fulfils the need for informed guidance on relevant regulation and enforcement issues found in the legislation whether you are an administrator, investor, student or a lawyer representing any of these groups. This key work follows through all aspects of the legislation from start to finish with the chapters corresponding to each part in the Act.

September 2017 book launch

September 2017 book launch

Press

UPCOMING


There will be a feature story on Harris Rosen in the November edition of a scholarly magazine, regarding his family's narrow escape and survival of the Tubbs wildfire in Northern California on October 8, 2017. The story will follow the release of his book on the subject, co-authored with his wife, animal welfare lawyer Jennifer Friedman.


AUGUST 2018


Harris Rosen is pleased to have been quoted in the August 1, 2018 edition of the Epic Times regarding the newly elected Ontario government's scrapping of the Wynne government's Sex-Ed curriculum: https://www.theepochtimes.com/fords-scrapping-of-2015-sex-ed-curriculum-a-result-of-concerns-by-parents_2608664.html .


DECEMBER 2017


While Harris Rosen has been quoted in numerous legal and non-legal publications, his latest focus has been on re-training and re-skilling an aging workforce. It is a serious problem for Canada. He is a co-founder of www.fortyplustraining.com , which on December 7, 2017 hosted an inaugural conference at the historic Heintzman House in Thornhill, Ontario. The Right Honourable John N. Turner was the keynote speaker but there was broad representation at the event which included representation from the higher education sector, notable business school professors, and many others. While these conferences are not affiliated with Harris Rosen Professional Corporation (which is dedicated exclusively to the practice of law, and with a focus on higher education), they are of vital importance and relevance to Canada and illustrative of the passion which Harris Rosen brings to his legal work.


http://www.hrreporter.com/columnist/hr-policies-practices/archive/2017/12/12/actually-you-can-teach-old-dogs-new-tricksq


APRIL 2017  


Redefining Skills Training for an Ageing Demographic: Higher Education Policy and Vocational Guidance highlighted the need for a shift in the way we think of what skills will be relevant for tomorrow's job market. In this article, Harris Rosen pays particular attention to the fact that Canada's workforce is ageing rapidly and to the obsolescence of the notion of "retirement".


 http://www.mondaq.com/canada/x/587896/retirement+superannuation+plans+pensions+schemes/Redefining+Skills+Training+For+An+Ageing+Demographic+Higher+Education+Policy+And+Vocational+Guidance


FEBRUARY 23, 2017


Harris Rosen's article "Pink Shirt Day: The War on Bullying" published in Mondaq on February 23, 2107 addresses how technology can help us all address bullying. It also introduces supports the idea that "bullying" is objectionable conduct outside of the elementary school stream: should more formal bullying policies be implemented in the post-secondary stream? 


http://www.mondaq.com/canada/x/571072/Arbitration+Dispute+Resolution/Pink+Shirt+Day+The+War+On+Bullying

Terms of Use

These terms of use constitute the agreement between you and Harris Rosen Professional Corporation ("Agreement") and governs your use of the Harris Rosen Professional Corporation website ("Website") and its content ("Content"). 


Each time you use the Website, you (including your school) signify your acceptance of this Agreement and any person you purport to represent. If you do not agree to be bound by this Agreement,  do not access or use the Website or Content.  


No lawyer-client, advisory, fiduciary or other relationship is created by this Agreement or your use of the Website or the Content or your communication with Harris Rosen Professional Corporation by email or through the Website. 


The Website and the Content are for general informational purposes only.  They are not intended to be legal services or other professional advice or an opinion of any kind to private career colleges, ESL schools, private degree granters, private high schools or any other institutions or parties we have represented.   You should seek appropriate, qualified professional before acting or omitting to act based upon any information in the Content or otherwise on the Website. 


The transmission of data or information over the internet or other forms of networks may not be secure., and is subject to possible loss, interception or alteration while in transit.  Harris Rosen Professional Corporation cannot guarantee the security of any communication to or from the Website.  Harris Rosen Professional Corporation does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website. 


The website may be used only by persons who are at least 19 years of age and can form legally binding contracts under applicable law.  The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.


The Website and the Content are provided "as is" without warranty  or condition of any kind.  Use of the Website or the Content is at your own risk.  Harris Rosen Professional Corporation does not make any representations, warranties, or conditions about the quality, accuracy, reliability, completeness, currency or timeliness of the Website or the Content.  Harris Rosen Professional Corporation does not assume any responsibility for any errors, omissions, or inaccuracies in the Website or the Content.  


To the fullest extent permitted by law, Harris Rosen Professional Corporation disclaims all warranties, representations, and conditions of any kind with respect to the Website and the Content whether express, implied, or collateral.  To the fullest extent permitted by law, you release Harris Rosen Professional Corporation from, and in no event shall Harris Rosen Professional Corporation be liable to you or any other person or entity for any and all liabilities and damages whatsoever or arising from your use of the Website, the Content, or otherwise relating to this Agreement, and you acknowledge  that your sole remedy for any claim, loss, damage, costs, or expenses is to cease using the Website and the Content.  


Privacy Policy

Subject only to the Law Society of Ontario’s (“LSO’s”) Rules of Professional Conduct:


1. Contacting Harris Rosen Professional Corporation (“HRPC”) via its website does not create lawyer–client privilege. Do not send us any information unless and until we have been formally retained, as it will not create a lawyer-client relationship.  


2. HRPC has created this privacy policy in order to demonstrate HRPC’s commitment to privacy and the protection of your personal information and information pursuant to current privacy legislation. Please read this policy to understand how your personal information will be treated. See also HRPC CASL Policy. 


3. HRPC collects information in several ways. Some personal information is gathered if you contact us. When you initiate contact with us we will ask for personal information such as your name, email address, gender, residential address, permanent address, cell phone number, occupation, industry and personal interests. 


4. HRPC may ask you for personal information outside of the context of your initial contact with us including, but not limited to:

(a) When you ask us to contact you; 

(b) When you retain our services and we are required to initiate a conflict search, client verification and/or file opening process as mandated by the LSO; 

(c) When you report a problem relating to the services we have provided; 


5. When prospective clients or existing clients ("Clients"), provide us with information such as their name, mailing address, telephone number, and e-mail address, we use this contact information to send these Clients additional information about HRPC. A Client’s contact information may also be used by us to contact him or her directly. Candidates may choose not to receive future mailings or other communications from HRPC at any time by notifying the Chief Privacy Officer at the address below.


6. HRPC will not sell or rent your personal information to third parties.  


7. The HRPC website provides an abundance of information on HRPC, its principals, and its law practice. While HRPC attempts to provide accurate information to its site users, it provides no guarantees regarding the accuracy or reliability of this content. The HRPC website and/or any content on the internet relating to HRPC, does not constitute a contract or promise from HRPC to its site users, be they Clients, or otherwise. 


8. HRPC website has security measures and safeguards in place to protect against the loss, misuse, and alteration of the information that is under our control at any given time. However, since no data transmission over the Internet is completely secure, we cannot ensure or warrant the security of any information you transmit to us or in relation to our online products or services, and you do so at your own risk. Once we receive your transmission, we make every attempt to ensure that it is kept secure with us. You must still be solely responsible for maintaining the secrecy of your passwords and/or any account information.


9. HRPC may use "cookies" or similar tracking systems to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from our web server and stored on your computer's hard drive. HRPC may do this in order to further automate our website or online forms, or to help us understand who may be interested in our services or programs we may run from time to time. By modifying your own browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. 


10. Subject to any legislated exemptions which would permit us to disclose your personal information as is necessary, we will not disclose any of your personal information except when we have your informed consent. "Personal Information" is defined broadly by governing legislation as any information about an identifiable individual except the name, title, and business address or office telephone number of an employee of an organization. 


11. Pursuant to allowable exemptions under current legislation, we may disclose personal information when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating HRPC’s policy, violating any law of the province of Ontario or Canada, or may be causing injury to or interference with (either intentionally or unintentionally) HRPC’s rights or property, other students or faculty members, or anyone else who could be harmed by such activities. We may also disclose your personal information to a collection agency for the purposes of the lawful collection of a debt owed to us by you. 


12. Our policy with respect to the use, collection, retention, and disclosure of all student records is governed by applicable privacy legislation.


13. We make every attempt to periodically update our Privacy Policy such that it is in compliance with governing privacy legislation in Ontario, and is in general conformity with best practices. 


14. Should you have a question or concern about our Privacy Policy or our practices in this regard, please contact Harris Rosen, Chief Privacy Officer, at:

harris@harrisrosen.com

CASL Policy

A. NO SPAM

Canada’s Anti-Spam Legislation (“CASL”) allows recipients to control the Electronic Delivered Messages (“EDM’s”) which they receive. Harris Rosen Professional Corporation (“HRPC”) respects the choices which its clients, prospective clients, and contacts make to determine whether they would like to receive messages from us. 

Our policy complies with CASL, subject to its exceptions including certain business-to-business transactions. Specifically, HRPC does the following to ensure that it is in compliance with CASL: 

1. Secures Consent to send EDM’s; 

2. Sending out Sender Identification on EDM’s and

3. Providing an “Unsubscribe” mechanism for those on our EDM distribution lists and 

a. Ensuring that “unsubscribe” requests are processed promptly and in no case more than 10 business days after we receive them; 

b. Maintaining Records of Consents and Unsubscribe Requests. 

If you currently subscribe to our EDM’s, you may unsubscribe at any time by contacting admin@harrisrosen.com


B. NO SOFTWARE OR SPYWARE

In compliance with CASL, HRPC will not install or cause to be installed software of any sort on another person’s device, or other device without that person’s informed consent in keeping with CASL. Nor will HRPC collect personal information through the use of Spyware or illicit access to another computer system. 


C. NO ADDRESS HARVESTING

HRPC will not indiscriminately collect electronic addresses. We will use due diligence to avoid unintentional harvesting of addresses and we will make every attempt to ensure that we do not use harvested email addresses. We will seek to take appropriate precautions within the spirit and letter of CASL when purchasing lists containing personal information. 


D. DECEPTIVE INFORMATION

We will not send deceptive electronic mail. 


E. ALTERING OF DATA

We will not result alter transmission data which action can result in the redirection of electronic messages without consent of recipients. 


F. ADMINISTRATOR

If you have questions about our CASL Policy, contact our CASL Administrator at 416.931.5244. 


G. POLICY LAST UPDATED

This Policy was last updated on August 23, 2018.

Contact

Please submit a confidential inquiry

Telephone: 416-931-5244

Facsimile: 289-653-1410



Email: harris@harrisrosen.com

Office Mailing Address: North American Centre, 5700 Yonge Street, Suite 200, Toronto, ON M2M 4K2

By Appointment Only