Earl A. Cherniak, LLD, K.C., FCI.Arb
Partner
With 60 years of litigation experience and over 30 years specializing in commercial litigation and arbitration, both as counsel and arbitrator, Earl bring a senior and knowledgeable perspective to any commercial dispute.
Areas of Expertise
Appellate Advocacy
Constitutional and Charter Challenges and Remedies
Administrative and Public Law, Tribunals and Commissions
Business and Contractual Disputes
Commercial Arbitrations
Shareholder Disputes
Professional Negligence and Discipline
Directors’ and Officers’ Liability
Constitutional and Charter Challenges and Remedies
Education
LLB, Osgoode Hall Law School, 1960
Gold Medallist, Osgoode Hall Law School, 1960
BA, University of Western Ontario, 1956
Education
LLB, Osgoode Hall Law School, 1960
Gold Medallist, Osgoode Hall Law School, 1960
BA, University of Western Ontario, 1956
Education
LLB, Osgoode Hall Law School, 1960
Gold Medallist, Osgoode Hall Law School, 1960
BA, University of Western Ontario, 1956
Awards and Recognition
Recognized by his peers in Best Lawyers in Canada for Administrative and Public Law; Alternative Dispute Resolution; Appellate Practice; Bet-the-Company Litigation; Class Action Litigation; Corporate and Commercial Litigation; Defamation and Media Law; Director and Officer Liability Practice; International Arbitration; Legal Malpractice Law; Product Liability Law
Recognized by his peers in the Canadian Legal Lexpert Directory for Commercial Arbitration; Litigation – Corporate Commercial
Recognized by Benchmark Canada as “Litigation Star” for his leading expertise (2025)
Listed among Most in Demand Arbitrators in Chambers Global (2017-2024)
Listed in the area of Dispute Resolution in Chambers Global (2002-2024)
Listed in the area of Arbitration in Lexology Index (formerly Who’s Who Legal) (2024)
Honorary Doctor of Laws, Law Society of Ontario (2019)
Toronto Lawyers Association Award of Distinction (2015)
Recipient of the 2006 Osgoode Hall Law School Alumni Gold Key Award
First recipient of the Ontario Bar Association Award for Excellence in Civil Litigation (2004)
The Advocates’ Society Medal (1996)
President, The Advocates’ Society (1979-1980)
Appointed Queen’s Counsel (1974)
Gold Medallist, Osgoode Hall Law School (1960)
Awards and Recognition
Recognized by his peers in Best Lawyers in Canada for Administrative and Public Law; Alternative Dispute Resolution; Appellate Practice; Bet-the-Company Litigation; Class Action Litigation; Corporate and Commercial Litigation; Defamation and Media Law; Director and Officer Liability Practice; International Arbitration; Legal Malpractice Law; Product Liability Law
Recognized by his peers in the Canadian Legal Lexpert Directory for Commercial Arbitration; Litigation – Corporate Commercial
Recognized by Benchmark Canada as “Litigation Star” for his leading expertise (2025)
Listed among Most in Demand Arbitrators in Chambers Global (2017-2024)
Listed in the area of Dispute Resolution in Chambers Global (2002-2024)
Listed in the area of Arbitration in Lexology Index (formerly Who’s Who Legal) (2024)
Honorary Doctor of Laws, Law Society of Ontario (2019)
Toronto Lawyers Association Award of Distinction (2015)
Recipient of the 2006 Osgoode Hall Law School Alumni Gold Key Award
First recipient of the Ontario Bar Association Award for Excellence in Civil Litigation (2004)
The Advocates’ Society Medal (1996)
President, The Advocates’ Society (1979-1980)
Appointed Queen’s Counsel (1974)
Gold Medallist, Osgoode Hall Law School (1960)
Awards and Recognition
Recognized by his peers in Best Lawyers in Canada for Administrative and Public Law; Alternative Dispute Resolution; Appellate Practice; Bet-the-Company Litigation; Class Action Litigation; Corporate and Commercial Litigation; Defamation and Media Law; Director and Officer Liability Practice; International Arbitration; Legal Malpractice Law; Product Liability Law
Recognized by his peers in the Canadian Legal Lexpert Directory for Commercial Arbitration; Litigation – Corporate Commercial
Recognized by Benchmark Canada as “Litigation Star” for his leading expertise (2025)
Listed among Most in Demand Arbitrators in Chambers Global (2017-2024)
Listed in the area of Dispute Resolution in Chambers Global (2002-2024)
Listed in the area of Arbitration in Lexology Index (formerly Who’s Who Legal) (2024)
Honorary Doctor of Laws, Law Society of Ontario (2019)
Toronto Lawyers Association Award of Distinction (2015)
Recipient of the 2006 Osgoode Hall Law School Alumni Gold Key Award
First recipient of the Ontario Bar Association Award for Excellence in Civil Litigation (2004)
The Advocates’ Society Medal (1996)
President, The Advocates’ Society (1979-1980)
Appointed Queen’s Counsel (1974)
Gold Medallist, Osgoode Hall Law School (1960)
Selected Presentations and Publications
Speaker, "Top 6 in 60: The 6 Recent Cases from the SCC You Must Know," Toronto Lawyers Association, December 4, 2024
Editor-at-Large, "Examinations 2024," Lerners Appellate Advocacy Group. January 31, 2024
Many things have changed in litigation marketing, but the best advice has not, Canadian Lawyer, May 12, 2023
Editor-at-Large, "Examinations 2023 – The Evolution of Appellate Law in the Post-Pandemic Era," Lerners Appellate Advocacy Group, April 19, 2023
Editor-at-Large, "Examinations 2022 – Charting a Course Through Challenging Appellate Terrain," Lerners Appellate Advocacy Group, March 9, 2022
Editor-at-Large, "Examinations 2021 – The Evolution of Appellate Practice and Procedure in the Pandemic Era," Lerners Appellate Advocacy Group, March 15, 2021
Editor-at-Large, "Examinations 2020 – An Appellate Review and Forecast for 2020," Lerners Appellate Advocacy Group, February 14, 2020
The Independent Arbitrator: Challenging Arbitrator Independence (with Rebecca Shoom), ADR Perspectives September 10, 2019
The Implications of the Groia Case, October 11, 2018, Windsor, Ontario
The Good Old Days, Advocates' Journal Summer, 2018
Faculty member, "Exercising Professionalism and Civility", The Advocates' Society, December 18, 2017
Panellist “Domestic Arbitration in Canada: Major Cases and Trends”, Chartered Institute of Arbitrators, Canada Branch 5th Annual Symposium, September 28, 2017
Review of Confidentiality in Arbitration for McGill Law Journal, April 2016
Arbitration Clauses: Time Crafting Clauses Well Spent, Lawyers Weekly, February 12, 2016
Sattva Revisited, Advocates' Journal, Fall 2015
Panellist, Commercial Arbitration 2015, June 5, 2015, Vancouver
A Sea Change in the Interpretation of Contracts (and much more), Law Times, August 18, 2014
Confidentiality in Arbitration, Advocate Daily, April 2014
Toronto as a Commercial Arbitration Centre, Law Times, February 3, 2014
Why Do Parties Arbitrate?, ADR Institute of Alberta (ADRIA) Conference Calgary, Alberta, June 6-7, 2013
Arbitrator Disclosure, ADR Perspectives, May 2016
“Toronto arbitration profile bolstered”, AdvocateDaily.com, May 30, 2013
“Uniform arbitration law needed in Canada”, AdvocateDaily.com, April 22, 2013
“The danger of non-disclosure”, The Lawyers Weekly, March 29, 2013
Arbitrator Disclosure – It’s More (and Less) Than the Conflict Search, Lawyers Weekly, March 28, 2013
“Balancing the duty to disclose”, AdvocateDaily.com, March 26, 2013
Proportionality, Case Management and Summary Judgment in the Ontario Courts: Lessons for the Arbitration Community, The Tribunal, Arbitration Place Quarterly Newsletter, January 2013
Panellist, International Arbitration Strategies, sponsored by The Canadian Institute of Arbitrators and TCAS, November 1, 2012, Toronto
On Being a Commercial Arbitrator: Lessons Learned - Canadian Arbitration and Mediation Journal, Spring/Summer 2012
Faculty Member, ICDR Miami 2012 Conference: Dispute Resolution in North America;
An Unpredictable Battleground: Twelve Years of the Class Action Carriage Motion in Canada (with Louise Moher), Class Action Symposium, April 2012
Appellate Advocacy in the Supreme Court of Canada, Canadian Defence Lawyers Conference, Vancouver, B.C.-June 4-5, 2009
One Arbitrator or Three? (written with J.L. McDougall), Lawyers Weekly, February 2009
The Future of Compensatory, Aggravated and Punitive Damages Post Honda, Employment Law Summit, October 30, 2008
Defending a Case for Aggravated and Punitive Damages, Law Society of Upper Canada, June 10, 2008
Reflections of a Domestic Commercial Arbitrator, The Advocates’ Society of Ontario, 2007
Awards, Costs, Appeals in Arbitration, Law Society of Upper Canada, 2007
CBA Conference Panel, International Arbitrations, Vancouver, June 2005
Practical Advocacy Land Mines – Handling Surprises at Trial, April 19, 2005
Reflections on the Charter, Ontario Bar Association, October 15, 2004
Privilege Issues and the Barrister’s Brief, COMBAR Meeting, Barcelona, Spain, June 4-5, 2004; the American College of Trial Lawyers and the Advocates’ Society of Ontario joint conference, April 12, 2004
Privilege Issues and the Barrister’s Brief, The Advocates’ Society, The Art of Persuasion, April 2, 2004, Earl A. Cherniak, K.C. and Christine Snow, and John Lorn McDougall Q.C. and Susan Kushneryk
Professionalism at the Crossroads, COMBAR Meeting, Boston, May 31, 2003; The Advocates’ Society Fall Convention, Cancun, Mexico, November 2003
Selection and Preparation of Experts, The Art & Science of Trial Advocacy, The Advocates’ Society American College of Trial Lawyers, May 2, 2003
How to Protect Against A Punitive Damage Award, Canadian Institute Insurance Litigation, June 14, 2002
Advocacy on Appeal, Ontario Trial Lawyers’ Association, October 27, 2001
Chippewas of Sarnia Band v. Canada, October 26, 2001, The Canadian Aboriginal Law 2001 Conference, October 25 and 26, 2001
Selected Presentations and Publications
Speaker, "Top 6 in 60: The 6 Recent Cases from the SCC You Must Know," Toronto Lawyers Association, December 4, 2024
Editor-at-Large, "Examinations 2024," Lerners Appellate Advocacy Group. January 31, 2024
Many things have changed in litigation marketing, but the best advice has not, Canadian Lawyer, May 12, 2023
Editor-at-Large, "Examinations 2023 – The Evolution of Appellate Law in the Post-Pandemic Era," Lerners Appellate Advocacy Group, April 19, 2023
Editor-at-Large, "Examinations 2022 – Charting a Course Through Challenging Appellate Terrain," Lerners Appellate Advocacy Group, March 9, 2022
Editor-at-Large, "Examinations 2021 – The Evolution of Appellate Practice and Procedure in the Pandemic Era," Lerners Appellate Advocacy Group, March 15, 2021
Editor-at-Large, "Examinations 2020 – An Appellate Review and Forecast for 2020," Lerners Appellate Advocacy Group, February 14, 2020
The Independent Arbitrator: Challenging Arbitrator Independence (with Rebecca Shoom), ADR Perspectives September 10, 2019
The Implications of the Groia Case, October 11, 2018, Windsor, Ontario
The Good Old Days, Advocates' Journal Summer, 2018
Faculty member, "Exercising Professionalism and Civility", The Advocates' Society, December 18, 2017
Panellist “Domestic Arbitration in Canada: Major Cases and Trends”, Chartered Institute of Arbitrators, Canada Branch 5th Annual Symposium, September 28, 2017
Review of Confidentiality in Arbitration for McGill Law Journal, April 2016
Arbitration Clauses: Time Crafting Clauses Well Spent, Lawyers Weekly, February 12, 2016
Sattva Revisited, Advocates' Journal, Fall 2015
Panellist, Commercial Arbitration 2015, June 5, 2015, Vancouver
A Sea Change in the Interpretation of Contracts (and much more), Law Times, August 18, 2014
Confidentiality in Arbitration, Advocate Daily, April 2014
Toronto as a Commercial Arbitration Centre, Law Times, February 3, 2014
Why Do Parties Arbitrate?, ADR Institute of Alberta (ADRIA) Conference Calgary, Alberta, June 6-7, 2013
Arbitrator Disclosure, ADR Perspectives, May 2016
“Toronto arbitration profile bolstered”, AdvocateDaily.com, May 30, 2013
“Uniform arbitration law needed in Canada”, AdvocateDaily.com, April 22, 2013
“The danger of non-disclosure”, The Lawyers Weekly, March 29, 2013
Arbitrator Disclosure – It’s More (and Less) Than the Conflict Search, Lawyers Weekly, March 28, 2013
“Balancing the duty to disclose”, AdvocateDaily.com, March 26, 2013
Proportionality, Case Management and Summary Judgment in the Ontario Courts: Lessons for the Arbitration Community, The Tribunal, Arbitration Place Quarterly Newsletter, January 2013
Panellist, International Arbitration Strategies, sponsored by The Canadian Institute of Arbitrators and TCAS, November 1, 2012, Toronto
On Being a Commercial Arbitrator: Lessons Learned - Canadian Arbitration and Mediation Journal, Spring/Summer 2012
Faculty Member, ICDR Miami 2012 Conference: Dispute Resolution in North America;
An Unpredictable Battleground: Twelve Years of the Class Action Carriage Motion in Canada (with Louise Moher), Class Action Symposium, April 2012
Appellate Advocacy in the Supreme Court of Canada, Canadian Defence Lawyers Conference, Vancouver, B.C.-June 4-5, 2009
One Arbitrator or Three? (written with J.L. McDougall), Lawyers Weekly, February 2009
The Future of Compensatory, Aggravated and Punitive Damages Post Honda, Employment Law Summit, October 30, 2008
Defending a Case for Aggravated and Punitive Damages, Law Society of Upper Canada, June 10, 2008
Reflections of a Domestic Commercial Arbitrator, The Advocates’ Society of Ontario, 2007
Awards, Costs, Appeals in Arbitration, Law Society of Upper Canada, 2007
CBA Conference Panel, International Arbitrations, Vancouver, June 2005
Practical Advocacy Land Mines – Handling Surprises at Trial, April 19, 2005
Reflections on the Charter, Ontario Bar Association, October 15, 2004
Privilege Issues and the Barrister’s Brief, COMBAR Meeting, Barcelona, Spain, June 4-5, 2004; the American College of Trial Lawyers and the Advocates’ Society of Ontario joint conference, April 12, 2004
Privilege Issues and the Barrister’s Brief, The Advocates’ Society, The Art of Persuasion, April 2, 2004, Earl A. Cherniak, K.C. and Christine Snow, and John Lorn McDougall Q.C. and Susan Kushneryk
Professionalism at the Crossroads, COMBAR Meeting, Boston, May 31, 2003; The Advocates’ Society Fall Convention, Cancun, Mexico, November 2003
Selection and Preparation of Experts, The Art & Science of Trial Advocacy, The Advocates’ Society American College of Trial Lawyers, May 2, 2003
How to Protect Against A Punitive Damage Award, Canadian Institute Insurance Litigation, June 14, 2002
Advocacy on Appeal, Ontario Trial Lawyers’ Association, October 27, 2001
Chippewas of Sarnia Band v. Canada, October 26, 2001, The Canadian Aboriginal Law 2001 Conference, October 25 and 26, 2001
Selected Presentations and Publications
Speaker, "Top 6 in 60: The 6 Recent Cases from the SCC You Must Know," Toronto Lawyers Association, December 4, 2024
Editor-at-Large, "Examinations 2024," Lerners Appellate Advocacy Group. January 31, 2024
Many things have changed in litigation marketing, but the best advice has not, Canadian Lawyer, May 12, 2023
Editor-at-Large, "Examinations 2023 – The Evolution of Appellate Law in the Post-Pandemic Era," Lerners Appellate Advocacy Group, April 19, 2023
Editor-at-Large, "Examinations 2022 – Charting a Course Through Challenging Appellate Terrain," Lerners Appellate Advocacy Group, March 9, 2022
Editor-at-Large, "Examinations 2021 – The Evolution of Appellate Practice and Procedure in the Pandemic Era," Lerners Appellate Advocacy Group, March 15, 2021
Editor-at-Large, "Examinations 2020 – An Appellate Review and Forecast for 2020," Lerners Appellate Advocacy Group, February 14, 2020
The Independent Arbitrator: Challenging Arbitrator Independence (with Rebecca Shoom), ADR Perspectives September 10, 2019
The Implications of the Groia Case, October 11, 2018, Windsor, Ontario
The Good Old Days, Advocates' Journal Summer, 2018
Faculty member, "Exercising Professionalism and Civility", The Advocates' Society, December 18, 2017
Panellist “Domestic Arbitration in Canada: Major Cases and Trends”, Chartered Institute of Arbitrators, Canada Branch 5th Annual Symposium, September 28, 2017
Review of Confidentiality in Arbitration for McGill Law Journal, April 2016
Arbitration Clauses: Time Crafting Clauses Well Spent, Lawyers Weekly, February 12, 2016
Sattva Revisited, Advocates' Journal, Fall 2015
Panellist, Commercial Arbitration 2015, June 5, 2015, Vancouver
A Sea Change in the Interpretation of Contracts (and much more), Law Times, August 18, 2014
Confidentiality in Arbitration, Advocate Daily, April 2014
Toronto as a Commercial Arbitration Centre, Law Times, February 3, 2014
Why Do Parties Arbitrate?, ADR Institute of Alberta (ADRIA) Conference Calgary, Alberta, June 6-7, 2013
Arbitrator Disclosure, ADR Perspectives, May 2016
“Toronto arbitration profile bolstered”, AdvocateDaily.com, May 30, 2013
“Uniform arbitration law needed in Canada”, AdvocateDaily.com, April 22, 2013
“The danger of non-disclosure”, The Lawyers Weekly, March 29, 2013
Arbitrator Disclosure – It’s More (and Less) Than the Conflict Search, Lawyers Weekly, March 28, 2013
“Balancing the duty to disclose”, AdvocateDaily.com, March 26, 2013
Proportionality, Case Management and Summary Judgment in the Ontario Courts: Lessons for the Arbitration Community, The Tribunal, Arbitration Place Quarterly Newsletter, January 2013
Panellist, International Arbitration Strategies, sponsored by The Canadian Institute of Arbitrators and TCAS, November 1, 2012, Toronto
On Being a Commercial Arbitrator: Lessons Learned - Canadian Arbitration and Mediation Journal, Spring/Summer 2012
Faculty Member, ICDR Miami 2012 Conference: Dispute Resolution in North America;
An Unpredictable Battleground: Twelve Years of the Class Action Carriage Motion in Canada (with Louise Moher), Class Action Symposium, April 2012
Appellate Advocacy in the Supreme Court of Canada, Canadian Defence Lawyers Conference, Vancouver, B.C.-June 4-5, 2009
One Arbitrator or Three? (written with J.L. McDougall), Lawyers Weekly, February 2009
The Future of Compensatory, Aggravated and Punitive Damages Post Honda, Employment Law Summit, October 30, 2008
Defending a Case for Aggravated and Punitive Damages, Law Society of Upper Canada, June 10, 2008
Reflections of a Domestic Commercial Arbitrator, The Advocates’ Society of Ontario, 2007
Awards, Costs, Appeals in Arbitration, Law Society of Upper Canada, 2007
CBA Conference Panel, International Arbitrations, Vancouver, June 2005
Practical Advocacy Land Mines – Handling Surprises at Trial, April 19, 2005
Reflections on the Charter, Ontario Bar Association, October 15, 2004
Privilege Issues and the Barrister’s Brief, COMBAR Meeting, Barcelona, Spain, June 4-5, 2004; the American College of Trial Lawyers and the Advocates’ Society of Ontario joint conference, April 12, 2004
Privilege Issues and the Barrister’s Brief, The Advocates’ Society, The Art of Persuasion, April 2, 2004, Earl A. Cherniak, K.C. and Christine Snow, and John Lorn McDougall Q.C. and Susan Kushneryk
Professionalism at the Crossroads, COMBAR Meeting, Boston, May 31, 2003; The Advocates’ Society Fall Convention, Cancun, Mexico, November 2003
Selection and Preparation of Experts, The Art & Science of Trial Advocacy, The Advocates’ Society American College of Trial Lawyers, May 2, 2003
How to Protect Against A Punitive Damage Award, Canadian Institute Insurance Litigation, June 14, 2002
Advocacy on Appeal, Ontario Trial Lawyers’ Association, October 27, 2001
Chippewas of Sarnia Band v. Canada, October 26, 2001, The Canadian Aboriginal Law 2001 Conference, October 25 and 26, 2001
Noteworthy Cases
Public Law and High-Profile Cases:
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
conduct of counsel and charter issues
represented Joseph Groia
ClubLink v. Town of Oakville, 2019 ONCA 827, 2019 CarswellOnt 17137 Town of Oakville v. ClubLink, 2019 ONCA 826, 2019 CarswellOnt 17136
Heritage Act and municipal powers issues
represented ClubLink, which was successful before Morgan J.
Langenfeld v. Toronto Police Services Board and Toronto Police Chief Mark Saunders, 2019 ONCA 716, 2019 CarswellOnt 14511
whether the TPS instituting a screening process at Headquarters violated the Charter
represented Chief Saunders on appeal
National Steel Car Limited v. Independent Electricity System Operator, 2019 ONCA 929, 2019 CarswellOnt 19614
whether IESO electricity charges to consumers violate provincial powers as a tax
represented National Steel Car on appeal from a Rule 25 motion
Represented Conrad Black in various litigations, 2006-2017, including Breeden v. Black, 2012 SCC 19 (decided in Black’s favour in Supreme Court of Canada)
Represented the Canadian Red Cross in the Krever Inquiry, 1990-1995
Acted as Independent Counsel in the Canadian Judicial Counsel Inquiry that resulted in the recommendation that Justice Cosgrove be removed from the bench.
Acted for Air Canada against WestJet over WestJet’s unauthorized access to Air Canada’s confidential flight booking information.
Other Noteworthy Cases:
National Steel Car Limited v. Independent Electricity System Operator, 2019 ONCA 929, 2019 CarswellOnt 19614
Clublink Corporation ULC v. Oakville (Town), 2019 ONCA 827, 2019 CarswellOnt 17137
Oakville (Town) v. Clublink Corporation ULC, 2019 ONCA 826, 2019 CarswellOnt 17136
Langenfeld v. Toronto Police Services Board, 2019 ONCA 716, 2019 CarswellOnt 14511
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
Clublink v Town of Oakville, 2018 ONSC 7395
Town of Oakville v. Clublink, 2018 ONSC 6386
ICP v. JCP, 2018 ONSC 4075, 2018 CarswellOnt 10642
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
Elginbay Corp. v. Richmond Hill (Town), [2018] S.C.C.A. No. 101, 2018 CarswellOnt 7388
Chechui v. Nieman, 2017 ONCA 911, 2017 CarswellOnt 18375
Bonello v. Gores Landing Marina (1986) Limited, 2017 ONCA 632, 2017 CarswellOnt 11969
Saumur (Litigation guardian of) v. Antoniak, 2016 ONCA 851, 2016 CarswellOnt 18073
Groia v. Law Society of Upper Canada, [2016] S.C.C.A. No. 310, 2016 CarswellOnt 14118
Groia v. Law Society of Upper Canada, 2016 ONCA 471, 2016 CarswellOnt 9453
Spence v. BMO Trust Co. 2016 ONCA 286, 2016 CarswellOnt 5888
Spence Estate (Re), 2016 ONCA 196
Groia v. Law Society of Upper Canada, 2015 ONSC 1680, 2015 CarswellOnt 3644
Groia v. Law Society of Upper Canada, 2015 ONSC 686, 2015 CarswellOnt 1238
Morassut v. Jaczynski Estate, 2015 ONSC 502, 2015 CarswellOnt 702
Sant (Litigation guardian of) v. Sekhon, 2014 ONCA 623, 2014 CarswellOnt 12142
Sant v. Sekhon, 2014 ONCA 623
Law Society of Upper Canada v. Groia, 2014 ONLSTA 11, 2014 CarswellOnt 19255
Amyotrophic Lateral Scleroris Society of Essex v. Windsor, 2013 ONCA 254
Breeden v. Black, 2012 SCC 19
Locking v. Armtec Infrastructure Inc., 2012 ONCA 774, 2012 CarswellOnt 14175
Hollinger Inc., Re, 2012 ONSC 5107, 2012 CarswellOnt 11499
Black v. Breeden, 2012 CarswellOnt 4272
Pattison Outdoor Advertising LP v. Toronto (City), 2012 ONCA 212, 2012 CarswellOnt 3861
Black v. Colson, [2011] S.C.C.A. No. 473, 2011 CarswellOnt 12806
Wolfe v. Wyeth, 2011 ONCA 347, 2011 CarswellOnt 2996
Black v. Breeden, [2010] S.C.C.A. No. 387, 2010 CarswellOnt 8546
Black v. Breeden, 2010 ONCA 547, 2010 CarswellOnt 5877
Black v. Breeden 2009 CanLII 24635 (ONSC), 2009 CarswellOnt 2707
Marcoccia (Litigation Guardian of) v. Gill, 2009 ONCA 317, 2009 CarswellOnt 2067
Marcoccia v. Ford Credit Canada Limited, [2009] O.J. No. 1548 (C.A.)
Honda Canada Inc. v. Keays (2008), 66 C.C.E.L. (3d) 159 (SCC)
Canadian National Railway Co. v. Royal and Sun Alliance, [2008] 3 S.C.R. 53
Amnesty International Canada and British Columbia Civil Liberties Association v. Chief of the defence staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada (2008), FAC 401 (Fed. C.A.)
Sandhu (Litigation Guardian of) v. Wellington Place Apartments, [2008] O.J. No. 1148 (C.A.)
Re Ravelston Corp. (2007), 29 C.B.R. (5th) 45, 85 O.R. (3d) 175 (Ont. C.A.)
Re Ravelston Corp. (2007), 29 C.B.R. (5th) 1 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2007] F.C.J. No. 1268, 160 A.C.W.S. (3d) 604 (F.C.)
Jazz Air v. Toronto Port Authority, [2007] F.C.J. No. 841, 158 A.C.W.S. (3d) 931 (F.C.)
Sun Times Media Group Inc. v. Black, [2007] O.J. No. 795 (Ont. S.C.J.)
Sun Times Media Group Inc. v. Black (2007), 2007 CarswellOnt 2178 (Ont. S.C.J.)
Re Black (2007), 2007 CarswellOnt 2021 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2006] F.C.J. No. 1155 (F.C.)
Waterloo (City) v. Wolfraim (2006), 270 D.L.R. (4th) 513 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2006] F.C.J. No. 1053, 294 F.T.R. 278 (F.C.)
Air Canada v. WestJet Airlines Ltd., (2006), Ont. S.C.J., 267 D.L.R. (4th) 483
Re Cavell Insurance Co. (2005), 25 C.C.L.I. (4th) 230 (Ont. S.C.J)
SOS-Save Our St. Clair Inc. v. Toronto (City) (2005), 204 O.A.C. 63, 78 O.R. (3d) 331 (Ont. S.C.J.)
Chaoulli v. Quebec (Attorney General), [2005] S.C. J. No. 33 (S.C.C.)
HSBC Securities (Canada) Inc. v. Davies, Ward & Beck (2004), 2004 CarswellOnt 3777(Ont. S.C.J.)
Hollinger International v. Hollinger Inc. (2004), 11 C.P.C. (6th) 245 (Ont. S.C.J.)
Caputo v. Imperial Tobacco Ltd. (2004), 236 D.L.R. (4th) 348, 42 B.L.R. (3d) 276 (S.C.J.)
Lyons v. Toronto (Computer Leasing Inquiry - Bellamy Commission), [2004] O.J. No. 648, 183 O.A.C. 273, 47 M.P.L.R. (3d) 82
Royal Trust Corp. v. Fisherman (2001), 55 O.R. (3d) 794 (C.A.), 149 O.A.C. 337, 13 C.P.C. (5th) 223
Chippewas of Sarnia Band v. Canada (Attorney General) (2000), 195 D.L.R. (4th) 135 (Ont C.A.)
Traynor v. Unum (2003), 65 O.R. 2252 (Ont. S.C.J.), 228 D.L.R. (4th) 228
Hodgkinson v. Simms & Waldman, 97 B.C.L.R. (2d) 1 (S.C.C.), [1994] 9 W.W.R. 609, 22 C.C.L.T. (2d) 1, 117 D.L.R. (4th) 161, 171 N.R. 245, 57 C.P.R. (3d) 1, 16 B.L.R. (2d) 1, 5 E.T.R. (2d) 1, 49 B.C.A.C. 1, 80 W.A.C. 1, [1994] S.C.R. 377, 95 D.T.C. 5135, 6 C.C.L.S. 1
LAC Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 S.C.R. 574 (S.C.C.), 26 C.P.R. (3d) 97, 69 O.R. (2d) 287, 61 D.L.R. (4th) 14, 6 R.P.R. (2d) 139, 44 B.L.R. 1, 33 E.T.R. 1, 101 N.R. 239, 36 O.A.C. 57
Noteworthy Cases
Public Law and High-Profile Cases:
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
conduct of counsel and charter issues
represented Joseph Groia
ClubLink v. Town of Oakville, 2019 ONCA 827, 2019 CarswellOnt 17137 Town of Oakville v. ClubLink, 2019 ONCA 826, 2019 CarswellOnt 17136
Heritage Act and municipal powers issues
represented ClubLink, which was successful before Morgan J.
Langenfeld v. Toronto Police Services Board and Toronto Police Chief Mark Saunders, 2019 ONCA 716, 2019 CarswellOnt 14511
whether the TPS instituting a screening process at Headquarters violated the Charter
represented Chief Saunders on appeal
National Steel Car Limited v. Independent Electricity System Operator, 2019 ONCA 929, 2019 CarswellOnt 19614
whether IESO electricity charges to consumers violate provincial powers as a tax
represented National Steel Car on appeal from a Rule 25 motion
Represented Conrad Black in various litigations, 2006-2017, including Breeden v. Black, 2012 SCC 19 (decided in Black’s favour in Supreme Court of Canada)
Represented the Canadian Red Cross in the Krever Inquiry, 1990-1995
Acted as Independent Counsel in the Canadian Judicial Counsel Inquiry that resulted in the recommendation that Justice Cosgrove be removed from the bench.
Acted for Air Canada against WestJet over WestJet’s unauthorized access to Air Canada’s confidential flight booking information.
Other Noteworthy Cases:
National Steel Car Limited v. Independent Electricity System Operator, 2019 ONCA 929, 2019 CarswellOnt 19614
Clublink Corporation ULC v. Oakville (Town), 2019 ONCA 827, 2019 CarswellOnt 17137
Oakville (Town) v. Clublink Corporation ULC, 2019 ONCA 826, 2019 CarswellOnt 17136
Langenfeld v. Toronto Police Services Board, 2019 ONCA 716, 2019 CarswellOnt 14511
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
Clublink v Town of Oakville, 2018 ONSC 7395
Town of Oakville v. Clublink, 2018 ONSC 6386
ICP v. JCP, 2018 ONSC 4075, 2018 CarswellOnt 10642
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
Elginbay Corp. v. Richmond Hill (Town), [2018] S.C.C.A. No. 101, 2018 CarswellOnt 7388
Chechui v. Nieman, 2017 ONCA 911, 2017 CarswellOnt 18375
Bonello v. Gores Landing Marina (1986) Limited, 2017 ONCA 632, 2017 CarswellOnt 11969
Saumur (Litigation guardian of) v. Antoniak, 2016 ONCA 851, 2016 CarswellOnt 18073
Groia v. Law Society of Upper Canada, [2016] S.C.C.A. No. 310, 2016 CarswellOnt 14118
Groia v. Law Society of Upper Canada, 2016 ONCA 471, 2016 CarswellOnt 9453
Spence v. BMO Trust Co. 2016 ONCA 286, 2016 CarswellOnt 5888
Spence Estate (Re), 2016 ONCA 196
Groia v. Law Society of Upper Canada, 2015 ONSC 1680, 2015 CarswellOnt 3644
Groia v. Law Society of Upper Canada, 2015 ONSC 686, 2015 CarswellOnt 1238
Morassut v. Jaczynski Estate, 2015 ONSC 502, 2015 CarswellOnt 702
Sant (Litigation guardian of) v. Sekhon, 2014 ONCA 623, 2014 CarswellOnt 12142
Sant v. Sekhon, 2014 ONCA 623
Law Society of Upper Canada v. Groia, 2014 ONLSTA 11, 2014 CarswellOnt 19255
Amyotrophic Lateral Scleroris Society of Essex v. Windsor, 2013 ONCA 254
Breeden v. Black, 2012 SCC 19
Locking v. Armtec Infrastructure Inc., 2012 ONCA 774, 2012 CarswellOnt 14175
Hollinger Inc., Re, 2012 ONSC 5107, 2012 CarswellOnt 11499
Black v. Breeden, 2012 CarswellOnt 4272
Pattison Outdoor Advertising LP v. Toronto (City), 2012 ONCA 212, 2012 CarswellOnt 3861
Black v. Colson, [2011] S.C.C.A. No. 473, 2011 CarswellOnt 12806
Wolfe v. Wyeth, 2011 ONCA 347, 2011 CarswellOnt 2996
Black v. Breeden, [2010] S.C.C.A. No. 387, 2010 CarswellOnt 8546
Black v. Breeden, 2010 ONCA 547, 2010 CarswellOnt 5877
Black v. Breeden 2009 CanLII 24635 (ONSC), 2009 CarswellOnt 2707
Marcoccia (Litigation Guardian of) v. Gill, 2009 ONCA 317, 2009 CarswellOnt 2067
Marcoccia v. Ford Credit Canada Limited, [2009] O.J. No. 1548 (C.A.)
Honda Canada Inc. v. Keays (2008), 66 C.C.E.L. (3d) 159 (SCC)
Canadian National Railway Co. v. Royal and Sun Alliance, [2008] 3 S.C.R. 53
Amnesty International Canada and British Columbia Civil Liberties Association v. Chief of the defence staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada (2008), FAC 401 (Fed. C.A.)
Sandhu (Litigation Guardian of) v. Wellington Place Apartments, [2008] O.J. No. 1148 (C.A.)
Re Ravelston Corp. (2007), 29 C.B.R. (5th) 45, 85 O.R. (3d) 175 (Ont. C.A.)
Re Ravelston Corp. (2007), 29 C.B.R. (5th) 1 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2007] F.C.J. No. 1268, 160 A.C.W.S. (3d) 604 (F.C.)
Jazz Air v. Toronto Port Authority, [2007] F.C.J. No. 841, 158 A.C.W.S. (3d) 931 (F.C.)
Sun Times Media Group Inc. v. Black, [2007] O.J. No. 795 (Ont. S.C.J.)
Sun Times Media Group Inc. v. Black (2007), 2007 CarswellOnt 2178 (Ont. S.C.J.)
Re Black (2007), 2007 CarswellOnt 2021 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2006] F.C.J. No. 1155 (F.C.)
Waterloo (City) v. Wolfraim (2006), 270 D.L.R. (4th) 513 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2006] F.C.J. No. 1053, 294 F.T.R. 278 (F.C.)
Air Canada v. WestJet Airlines Ltd., (2006), Ont. S.C.J., 267 D.L.R. (4th) 483
Re Cavell Insurance Co. (2005), 25 C.C.L.I. (4th) 230 (Ont. S.C.J)
SOS-Save Our St. Clair Inc. v. Toronto (City) (2005), 204 O.A.C. 63, 78 O.R. (3d) 331 (Ont. S.C.J.)
Chaoulli v. Quebec (Attorney General), [2005] S.C. J. No. 33 (S.C.C.)
HSBC Securities (Canada) Inc. v. Davies, Ward & Beck (2004), 2004 CarswellOnt 3777(Ont. S.C.J.)
Hollinger International v. Hollinger Inc. (2004), 11 C.P.C. (6th) 245 (Ont. S.C.J.)
Caputo v. Imperial Tobacco Ltd. (2004), 236 D.L.R. (4th) 348, 42 B.L.R. (3d) 276 (S.C.J.)
Lyons v. Toronto (Computer Leasing Inquiry - Bellamy Commission), [2004] O.J. No. 648, 183 O.A.C. 273, 47 M.P.L.R. (3d) 82
Royal Trust Corp. v. Fisherman (2001), 55 O.R. (3d) 794 (C.A.), 149 O.A.C. 337, 13 C.P.C. (5th) 223
Chippewas of Sarnia Band v. Canada (Attorney General) (2000), 195 D.L.R. (4th) 135 (Ont C.A.)
Traynor v. Unum (2003), 65 O.R. 2252 (Ont. S.C.J.), 228 D.L.R. (4th) 228
Hodgkinson v. Simms & Waldman, 97 B.C.L.R. (2d) 1 (S.C.C.), [1994] 9 W.W.R. 609, 22 C.C.L.T. (2d) 1, 117 D.L.R. (4th) 161, 171 N.R. 245, 57 C.P.R. (3d) 1, 16 B.L.R. (2d) 1, 5 E.T.R. (2d) 1, 49 B.C.A.C. 1, 80 W.A.C. 1, [1994] S.C.R. 377, 95 D.T.C. 5135, 6 C.C.L.S. 1
LAC Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 S.C.R. 574 (S.C.C.), 26 C.P.R. (3d) 97, 69 O.R. (2d) 287, 61 D.L.R. (4th) 14, 6 R.P.R. (2d) 139, 44 B.L.R. 1, 33 E.T.R. 1, 101 N.R. 239, 36 O.A.C. 57
Noteworthy Cases
Public Law and High-Profile Cases:
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
conduct of counsel and charter issues
represented Joseph Groia
ClubLink v. Town of Oakville, 2019 ONCA 827, 2019 CarswellOnt 17137 Town of Oakville v. ClubLink, 2019 ONCA 826, 2019 CarswellOnt 17136
Heritage Act and municipal powers issues
represented ClubLink, which was successful before Morgan J.
Langenfeld v. Toronto Police Services Board and Toronto Police Chief Mark Saunders, 2019 ONCA 716, 2019 CarswellOnt 14511
whether the TPS instituting a screening process at Headquarters violated the Charter
represented Chief Saunders on appeal
National Steel Car Limited v. Independent Electricity System Operator, 2019 ONCA 929, 2019 CarswellOnt 19614
whether IESO electricity charges to consumers violate provincial powers as a tax
represented National Steel Car on appeal from a Rule 25 motion
Represented Conrad Black in various litigations, 2006-2017, including Breeden v. Black, 2012 SCC 19 (decided in Black’s favour in Supreme Court of Canada)
Represented the Canadian Red Cross in the Krever Inquiry, 1990-1995
Acted as Independent Counsel in the Canadian Judicial Counsel Inquiry that resulted in the recommendation that Justice Cosgrove be removed from the bench.
Acted for Air Canada against WestJet over WestJet’s unauthorized access to Air Canada’s confidential flight booking information.
Other Noteworthy Cases:
National Steel Car Limited v. Independent Electricity System Operator, 2019 ONCA 929, 2019 CarswellOnt 19614
Clublink Corporation ULC v. Oakville (Town), 2019 ONCA 827, 2019 CarswellOnt 17137
Oakville (Town) v. Clublink Corporation ULC, 2019 ONCA 826, 2019 CarswellOnt 17136
Langenfeld v. Toronto Police Services Board, 2019 ONCA 716, 2019 CarswellOnt 14511
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
Clublink v Town of Oakville, 2018 ONSC 7395
Town of Oakville v. Clublink, 2018 ONSC 6386
ICP v. JCP, 2018 ONSC 4075, 2018 CarswellOnt 10642
Groia v. Law Society of Upper Canada, 2018 SCC 27, 2018 CarswellOnt 8700, 2018 CarswellOnt 8701
Elginbay Corp. v. Richmond Hill (Town), [2018] S.C.C.A. No. 101, 2018 CarswellOnt 7388
Chechui v. Nieman, 2017 ONCA 911, 2017 CarswellOnt 18375
Bonello v. Gores Landing Marina (1986) Limited, 2017 ONCA 632, 2017 CarswellOnt 11969
Saumur (Litigation guardian of) v. Antoniak, 2016 ONCA 851, 2016 CarswellOnt 18073
Groia v. Law Society of Upper Canada, [2016] S.C.C.A. No. 310, 2016 CarswellOnt 14118
Groia v. Law Society of Upper Canada, 2016 ONCA 471, 2016 CarswellOnt 9453
Spence v. BMO Trust Co. 2016 ONCA 286, 2016 CarswellOnt 5888
Spence Estate (Re), 2016 ONCA 196
Groia v. Law Society of Upper Canada, 2015 ONSC 1680, 2015 CarswellOnt 3644
Groia v. Law Society of Upper Canada, 2015 ONSC 686, 2015 CarswellOnt 1238
Morassut v. Jaczynski Estate, 2015 ONSC 502, 2015 CarswellOnt 702
Sant (Litigation guardian of) v. Sekhon, 2014 ONCA 623, 2014 CarswellOnt 12142
Sant v. Sekhon, 2014 ONCA 623
Law Society of Upper Canada v. Groia, 2014 ONLSTA 11, 2014 CarswellOnt 19255
Amyotrophic Lateral Scleroris Society of Essex v. Windsor, 2013 ONCA 254
Breeden v. Black, 2012 SCC 19
Locking v. Armtec Infrastructure Inc., 2012 ONCA 774, 2012 CarswellOnt 14175
Hollinger Inc., Re, 2012 ONSC 5107, 2012 CarswellOnt 11499
Black v. Breeden, 2012 CarswellOnt 4272
Pattison Outdoor Advertising LP v. Toronto (City), 2012 ONCA 212, 2012 CarswellOnt 3861
Black v. Colson, [2011] S.C.C.A. No. 473, 2011 CarswellOnt 12806
Wolfe v. Wyeth, 2011 ONCA 347, 2011 CarswellOnt 2996
Black v. Breeden, [2010] S.C.C.A. No. 387, 2010 CarswellOnt 8546
Black v. Breeden, 2010 ONCA 547, 2010 CarswellOnt 5877
Black v. Breeden 2009 CanLII 24635 (ONSC), 2009 CarswellOnt 2707
Marcoccia (Litigation Guardian of) v. Gill, 2009 ONCA 317, 2009 CarswellOnt 2067
Marcoccia v. Ford Credit Canada Limited, [2009] O.J. No. 1548 (C.A.)
Honda Canada Inc. v. Keays (2008), 66 C.C.E.L. (3d) 159 (SCC)
Canadian National Railway Co. v. Royal and Sun Alliance, [2008] 3 S.C.R. 53
Amnesty International Canada and British Columbia Civil Liberties Association v. Chief of the defence staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada (2008), FAC 401 (Fed. C.A.)
Sandhu (Litigation Guardian of) v. Wellington Place Apartments, [2008] O.J. No. 1148 (C.A.)
Re Ravelston Corp. (2007), 29 C.B.R. (5th) 45, 85 O.R. (3d) 175 (Ont. C.A.)
Re Ravelston Corp. (2007), 29 C.B.R. (5th) 1 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2007] F.C.J. No. 1268, 160 A.C.W.S. (3d) 604 (F.C.)
Jazz Air v. Toronto Port Authority, [2007] F.C.J. No. 841, 158 A.C.W.S. (3d) 931 (F.C.)
Sun Times Media Group Inc. v. Black, [2007] O.J. No. 795 (Ont. S.C.J.)
Sun Times Media Group Inc. v. Black (2007), 2007 CarswellOnt 2178 (Ont. S.C.J.)
Re Black (2007), 2007 CarswellOnt 2021 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2006] F.C.J. No. 1155 (F.C.)
Waterloo (City) v. Wolfraim (2006), 270 D.L.R. (4th) 513 (Ont. S.C.J.)
Jazz Air v. Toronto Port Authority, [2006] F.C.J. No. 1053, 294 F.T.R. 278 (F.C.)
Air Canada v. WestJet Airlines Ltd., (2006), Ont. S.C.J., 267 D.L.R. (4th) 483
Re Cavell Insurance Co. (2005), 25 C.C.L.I. (4th) 230 (Ont. S.C.J)
SOS-Save Our St. Clair Inc. v. Toronto (City) (2005), 204 O.A.C. 63, 78 O.R. (3d) 331 (Ont. S.C.J.)
Chaoulli v. Quebec (Attorney General), [2005] S.C. J. No. 33 (S.C.C.)
HSBC Securities (Canada) Inc. v. Davies, Ward & Beck (2004), 2004 CarswellOnt 3777(Ont. S.C.J.)
Hollinger International v. Hollinger Inc. (2004), 11 C.P.C. (6th) 245 (Ont. S.C.J.)
Caputo v. Imperial Tobacco Ltd. (2004), 236 D.L.R. (4th) 348, 42 B.L.R. (3d) 276 (S.C.J.)
Lyons v. Toronto (Computer Leasing Inquiry - Bellamy Commission), [2004] O.J. No. 648, 183 O.A.C. 273, 47 M.P.L.R. (3d) 82
Royal Trust Corp. v. Fisherman (2001), 55 O.R. (3d) 794 (C.A.), 149 O.A.C. 337, 13 C.P.C. (5th) 223
Chippewas of Sarnia Band v. Canada (Attorney General) (2000), 195 D.L.R. (4th) 135 (Ont C.A.)
Traynor v. Unum (2003), 65 O.R. 2252 (Ont. S.C.J.), 228 D.L.R. (4th) 228
Hodgkinson v. Simms & Waldman, 97 B.C.L.R. (2d) 1 (S.C.C.), [1994] 9 W.W.R. 609, 22 C.C.L.T. (2d) 1, 117 D.L.R. (4th) 161, 171 N.R. 245, 57 C.P.R. (3d) 1, 16 B.L.R. (2d) 1, 5 E.T.R. (2d) 1, 49 B.C.A.C. 1, 80 W.A.C. 1, [1994] S.C.R. 377, 95 D.T.C. 5135, 6 C.C.L.S. 1
LAC Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 S.C.R. 574 (S.C.C.), 26 C.P.R. (3d) 97, 69 O.R. (2d) 287, 61 D.L.R. (4th) 14, 6 R.P.R. (2d) 139, 44 B.L.R. 1, 33 E.T.R. 1, 101 N.R. 239, 36 O.A.C. 57
Representative Work as a Commercial Arbitrator and Mediator
Representative Work as a Commercial Arbitrator
A dispute between Alberta Oil Sands joint venture and an international group of insurers (chair of panel, settled after three months of hearing)
A dispute between a steel company and a group of contractors who performed an upgrade (chair of panel)
A dispute between a coal mining company and a loading facility (sole arbitrator)
A dispute between an electric energy supplier and a manufacturer (chair of panel)
A dispute between the Ontario government and the long-term lessee of a toll highway (member of the panel)
A dispute in the Canadian book publishing industry (sole arbitrator)
A dispute between an Ontario municipality and a hydroelectric supplier (sole arbitrator)
A dispute between the buyer and seller of a hydroelectric supply company (sole arbitrator)
A shareholder dispute in the technology industry (sole arbitrator)
A vendor/purchaser dispute in the hydroelectric power supply industry (sole arbitrator)
A dispute between two pharmaceutical companies over a distribution agreement
A dispute over dockage rights on the Great Lakes (panel member, ICC arbitration)
A dispute between a hospital and a pharmaceutical company
A dispute between a manufacturer of commercial airplanes and a customer
An ICC arbitration involving a dispute between an American supplier and European entities over a share acquisition agreement (sole arbitrator)
A dispute between Canadian companies in the helicopter industry (panel member)
A dispute between a Canadian corporation and its directors with an insurer over liability under a directors’ and officers’ liability policy following on the bankruptcy of an American subsidiary (sole arbitrator)
A dispute between a partner of a major Canadian law firm and the law firm (panel member)
A dispute between condominium owners and a developer over the use of the premises (sole arbitrator)
A dispute between a significant entity in the Vancouver Olympics and a developer (sole arbitrator)
A dispute between a First Nations Band, Ontario Power Generation, and an entity of the Ontario government over power generation in Northern Ontario (sole arbitrator)
A dispute between parties to a joint venture agreement (sole arbitrator)
A dispute between Canadian investors and a Chinese manufacturing entity over a shareholders’ agreement
A dispute between a First Nation and the Ontario government over issues relating to a casino
A London Court of International Arbitration proceeding between a B.C. company and a Swiss financial group over a mining investment in Mexico
Representative Work as a Mediator
A shareholders’ dispute
Claims between stakeholders in a complex insolvency
A dispute between a major supplier and a sub-contractor in the automotive industry
A dispute between Toronto and a developer
A class action suit in securities litigation
A dispute between Air France and passengers following a plane crash in Toronto
A dispute between a financial institution and the Canadian government over the interpretation of an agreement for the sale of a government-run entity
A dispute between a Danish purveyor of fine jewellery and a Canadian licensee/franchisee (ICDR retainer)
Several international franchisee/franchisor disputes (ICDR)
Representative Work as a Commercial Arbitrator and Mediator
Representative Work as a Commercial Arbitrator
A dispute between Alberta Oil Sands joint venture and an international group of insurers (chair of panel, settled after three months of hearing)
A dispute between a steel company and a group of contractors who performed an upgrade (chair of panel)
A dispute between a coal mining company and a loading facility (sole arbitrator)
A dispute between an electric energy supplier and a manufacturer (chair of panel)
A dispute between the Ontario government and the long-term lessee of a toll highway (member of the panel)
A dispute in the Canadian book publishing industry (sole arbitrator)
A dispute between an Ontario municipality and a hydroelectric supplier (sole arbitrator)
A dispute between the buyer and seller of a hydroelectric supply company (sole arbitrator)
A shareholder dispute in the technology industry (sole arbitrator)
A vendor/purchaser dispute in the hydroelectric power supply industry (sole arbitrator)
A dispute between two pharmaceutical companies over a distribution agreement
A dispute over dockage rights on the Great Lakes (panel member, ICC arbitration)
A dispute between a hospital and a pharmaceutical company
A dispute between a manufacturer of commercial airplanes and a customer
An ICC arbitration involving a dispute between an American supplier and European entities over a share acquisition agreement (sole arbitrator)
A dispute between Canadian companies in the helicopter industry (panel member)
A dispute between a Canadian corporation and its directors with an insurer over liability under a directors’ and officers’ liability policy following on the bankruptcy of an American subsidiary (sole arbitrator)
A dispute between a partner of a major Canadian law firm and the law firm (panel member)
A dispute between condominium owners and a developer over the use of the premises (sole arbitrator)
A dispute between a significant entity in the Vancouver Olympics and a developer (sole arbitrator)
A dispute between a First Nations Band, Ontario Power Generation, and an entity of the Ontario government over power generation in Northern Ontario (sole arbitrator)
A dispute between parties to a joint venture agreement (sole arbitrator)
A dispute between Canadian investors and a Chinese manufacturing entity over a shareholders’ agreement
A dispute between a First Nation and the Ontario government over issues relating to a casino
A London Court of International Arbitration proceeding between a B.C. company and a Swiss financial group over a mining investment in Mexico
Representative Work as a Mediator
A shareholders’ dispute
Claims between stakeholders in a complex insolvency
A dispute between a major supplier and a sub-contractor in the automotive industry
A dispute between Toronto and a developer
A class action suit in securities litigation
A dispute between Air France and passengers following a plane crash in Toronto
A dispute between a financial institution and the Canadian government over the interpretation of an agreement for the sale of a government-run entity
A dispute between a Danish purveyor of fine jewellery and a Canadian licensee/franchisee (ICDR retainer)
Several international franchisee/franchisor disputes (ICDR)
Representative Work as a Commercial Arbitrator and Mediator
Representative Work as a Commercial Arbitrator
A dispute between Alberta Oil Sands joint venture and an international group of insurers (chair of panel, settled after three months of hearing)
A dispute between a steel company and a group of contractors who performed an upgrade (chair of panel)
A dispute between a coal mining company and a loading facility (sole arbitrator)
A dispute between an electric energy supplier and a manufacturer (chair of panel)
A dispute between the Ontario government and the long-term lessee of a toll highway (member of the panel)
A dispute in the Canadian book publishing industry (sole arbitrator)
A dispute between an Ontario municipality and a hydroelectric supplier (sole arbitrator)
A dispute between the buyer and seller of a hydroelectric supply company (sole arbitrator)
A shareholder dispute in the technology industry (sole arbitrator)
A vendor/purchaser dispute in the hydroelectric power supply industry (sole arbitrator)
A dispute between two pharmaceutical companies over a distribution agreement
A dispute over dockage rights on the Great Lakes (panel member, ICC arbitration)
A dispute between a hospital and a pharmaceutical company
A dispute between a manufacturer of commercial airplanes and a customer
An ICC arbitration involving a dispute between an American supplier and European entities over a share acquisition agreement (sole arbitrator)
A dispute between Canadian companies in the helicopter industry (panel member)
A dispute between a Canadian corporation and its directors with an insurer over liability under a directors’ and officers’ liability policy following on the bankruptcy of an American subsidiary (sole arbitrator)
A dispute between a partner of a major Canadian law firm and the law firm (panel member)
A dispute between condominium owners and a developer over the use of the premises (sole arbitrator)
A dispute between a significant entity in the Vancouver Olympics and a developer (sole arbitrator)
A dispute between a First Nations Band, Ontario Power Generation, and an entity of the Ontario government over power generation in Northern Ontario (sole arbitrator)
A dispute between parties to a joint venture agreement (sole arbitrator)
A dispute between Canadian investors and a Chinese manufacturing entity over a shareholders’ agreement
A dispute between a First Nation and the Ontario government over issues relating to a casino
A London Court of International Arbitration proceeding between a B.C. company and a Swiss financial group over a mining investment in Mexico
Representative Work as a Mediator
A shareholders’ dispute
Claims between stakeholders in a complex insolvency
A dispute between a major supplier and a sub-contractor in the automotive industry
A dispute between Toronto and a developer
A class action suit in securities litigation
A dispute between Air France and passengers following a plane crash in Toronto
A dispute between a financial institution and the Canadian government over the interpretation of an agreement for the sale of a government-run entity
A dispute between a Danish purveyor of fine jewellery and a Canadian licensee/franchisee (ICDR retainer)
Several international franchisee/franchisor disputes (ICDR)
Memberships
Current Member and Past Chair, Toronto Commercial Arbitration Society
Canadian Bar Association
Canadian Institute for the Administration of Justice
The Advocates' Society
International Association of Jewish Lawyers & Jurists (Canadian Section)
Osgoode Society
Toronto Lawyers' Club
Toronto Lawn Tennis Club
Member, Honorary Council, London Health Sciences Foundation, 1998
Member and Vice-Chairman, Board of Directors, Victoria Hospital Corporation, 1982-1989
Memberships
Current Member and Past Chair, Toronto Commercial Arbitration Society
Canadian Bar Association
Canadian Institute for the Administration of Justice
The Advocates' Society
International Association of Jewish Lawyers & Jurists (Canadian Section)
Osgoode Society
Toronto Lawyers' Club
Toronto Lawn Tennis Club
Member, Honorary Council, London Health Sciences Foundation, 1998
Member and Vice-Chairman, Board of Directors, Victoria Hospital Corporation, 1982-1989
Memberships
Current Member and Past Chair, Toronto Commercial Arbitration Society
Canadian Bar Association
Canadian Institute for the Administration of Justice
The Advocates' Society
International Association of Jewish Lawyers & Jurists (Canadian Section)
Osgoode Society
Toronto Lawyers' Club
Toronto Lawn Tennis Club
Member, Honorary Council, London Health Sciences Foundation, 1998
Member and Vice-Chairman, Board of Directors, Victoria Hospital Corporation, 1982-1989
One of Canada’s Leading Trial and Appellate Counsel
Earl A. Cherniak is a partner in Lerners' Toronto office and one of Canada’s leading trial and appellate counsel. He is also recognized as a leader in alternative dispute resolution (ADR). With over 60 years of litigation experience and over 30 years specializing in commercial litigation and arbitration, he brings a senior and knowledgeable perspective to any legal dispute.
An elected bencher of the Law Society of Upper Canada (1999 to 2007), Earl served as chair of its Proceedings Authorization Committee and of its task force studying multi-disciplinary practices. He was a commissioner of the Ontario Law Reform Commission (1986 to 1992). He is an elected fellow of both the
In 2001, Earl was appointed a member of the (federal) Judicial Compensation and Benefits Commission and served in that capacity until his term expired in 2007. That year, he was appointed as independent counsel by the Canadian Judicial Council for an inquiry into the conduct of a Superior Court judge. Earl is an honorary North American member of the (UK) Commercial Bar Association. He is a member
Earl A. Cherniak is a partner in Lerners' Toronto office and one of Canada’s leading trial and appellate counsel. He is also recognized as a leader in alternative dispute resolution (ADR). With over 60 years of litigation experience and over 30 years specializing in commercial litigation and arbitration, he brings a senior and knowledgeable perspective to any legal dispute.
An elected bencher of the Law Society of Upper Canada (1999 to 2007), Earl served as chair of its Proceedings Authorization Committee and of its task force studying multi-disciplinary practices. He was a commissioner of the Ontario Law Reform Commission (1986 to 1992). He is an elected fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. He was awarded The Advocates’ Society Medal in 1996 and is a past president of the Society. Earl was the first recipient of the Ontario Bar Association Award for Excellence in Civil Litigation.
In 2001, Earl was appointed a member of the (federal) Judicial Compensation and Benefits Commission and served in that capacity until his term expired in 2007. That year, he was appointed as independent counsel by the Canadian Judicial Council for an inquiry into the conduct of a Superior Court judge. Earl is an honorary North American member of the (UK) Commercial Bar Association. He is a member of the Canadian roster of arbitrators of the International Chamber of Commerce and the ADR Institute of Canada. He is a fellow of the Chartered Institute of Arbitrators and the Litigation Counsel of America and a member of the panel of arbitrators for the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association. Earl is a current member and past chair of the Toronto Commercial Arbitration Society.
Earl A. Cherniak is a partner in Lerners' Toronto office and one of Canada’s leading trial and appellate counsel. He is also recognized as a leader in alternative dispute resolution (ADR). With over 60 years of litigation experience and over 30 years specializing in commercial litigation and arbitration, he brings a senior and knowledgeable perspective to any legal dispute.
An elected bencher of the Law Society of Upper Canada (1999 to 2007), Earl served as chair of its Proceedings Authorization Committee and of its task force studying multi-disciplinary practices. He was a commissioner of the Ontario Law Reform Commission (1986 to 1992). He is an elected fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. He was awarded The Advocates’ Society Medal in 1996 and is a past president of the Society. Earl was the first recipient of the Ontario Bar Association Award for Excellence in Civil Litigation.
In 2001, Earl was appointed a member of the (federal) Judicial Compensation and Benefits Commission and served in that capacity until his term expired in 2007. That year, he was appointed as independent counsel by the Canadian Judicial Council for an inquiry into the conduct of a Superior Court judge. Earl is an honorary North American member of the (UK) Commercial Bar Association. He is a member of the Canadian roster of arbitrators of the International Chamber of Commerce and the ADR Institute of Canada. He is a fellow of the Chartered Institute of Arbitrators and the Litigation Counsel of America and a member of the panel of arbitrators for the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association. Earl is a current member and past chair of the Toronto Commercial Arbitration Society.
Reach Out
Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.
Reach Out
Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.
Reach Out
Everyone at Lerners is committed to ensuring your matters are addressed with the attention and care you expect.