Earl A. Cherniak, LLD, K.C., FCI.Arb

Plaintiff Class Actions Lawyer

My involvement in class actions goes back to its Ontario beginnings in 1993, acting for both plaintiffs and defendants. I was involved in some of the seminal cases and watching the jurisprudence develop has been challenging and exhilarating. This is an area where experience counts.

Phone:

416.601.2350

Fax:

416.867.2402

PROFESSIONAL HIGHLIGHTS

Professional History

Achievements

Selected Presentations/Publications

Memberships

Education

Professional History

Partner, Lerners LLP
Bencher, The Law Society of Upper Canada and Chair and Vice-Chair of Proceedings Authorization Committee, 1999-2007
Fellow, The Chartered Institute of Arbitrators
Fellow, International Academy of Trial Lawyers
Fellow, American College of Trial Lawyers
Panel Member, International Arbitrations, International Centre for Dispute Resolution (ICDR/AAA)
Member, Canadian Roster of Arbitrators, International Chamber of Commerce (ICC)
Roster Member, London Court of International Arbitrators (LCIA)
Member, (and Past Chair), Toronto Commercial Arbitration Society

Achievements

Ranked in Chambers Canada in the area of Most in Demand Arbitrators (2021)
Selected by peers for inclusion in the 2020 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Selected by peers for inclusion in The 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, Securities Law
Honorary Doctor of Laws, Law Society Ontario (2019)
Selected by peers for inclusion in the Canadian Legal Lexpert Directory, 2021-2022
Selected by peers for inclusion in the 2019 Lexpert/Report on Business Special Edition: Canada's Leading Litigation Lawyers
Selected by peers for inclusion in the 2016 Lexpert Guide to the U.S./Canadian Cross-Border Litigation Lawyers in Canada
Toronto Lawyers Association Award of Distinction (2015)
Lexpert Zenith Award (2012)
Recipient of the 2006 Osgoode Hall Law School Alumni Gold Key Award
Selected by peers to be included in the 2006 Lexpert Guide to the 100 Most Creative Lawyers in Canada
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 Medalist, Osgoode Hall Law School (1960)

Selected Presentations/Publications

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

Memberships

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

Education

Osgoode Hall Law School (LLB), 1960
Gold Medalist, Osgoode Hall Law School, 1960
University of Western Ontario (BA), 1956

Professional History

Partner, Lerners LLP
Bencher, The Law Society of Upper Canada and Chair and Vice-Chair of Proceedings Authorization Committee, 1999-2007
Fellow, The Chartered Institute of Arbitrators
Fellow, International Academy of Trial Lawyers
Fellow, American College of Trial Lawyers
Panel Member, International Arbitrations, International Centre for Dispute Resolution (ICDR/AAA)
Member, Canadian Roster of Arbitrators, International Chamber of Commerce (ICC)
Roster Member, London Court of International Arbitrators (LCIA)
Member, (and Past Chair), Toronto Commercial Arbitration Society

Professional History

Partner, Lerners LLP
Bencher, The Law Society of Upper Canada and Chair and Vice-Chair of Proceedings Authorization Committee, 1999-2007
Fellow, The Chartered Institute of Arbitrators
Fellow, International Academy of Trial Lawyers
Fellow, American College of Trial Lawyers
Panel Member, International Arbitrations, International Centre for Dispute Resolution (ICDR/AAA)
Member, Canadian Roster of Arbitrators, International Chamber of Commerce (ICC)
Roster Member, London Court of International Arbitrators (LCIA)
Member, (and Past Chair), Toronto Commercial Arbitration Society

Achievements