Earl Cherniak

Earl Cherniak
Lerners LLP

Earl Cherniak, partner with Lerners LLP, is one of Ontario’s top arbitrators and mediators, with more than 50 years’ experience in a wide range of commercial arbitration, mediation and litigation matters.

Mr. Cherniak earned a Bachelor of Arts from the University of Western Ontario before graduating as a Gold Medallist from Osgoode Hall Law School in 1960 — he joined Lerners LLP the same year.

He is also jointly ventured with Cherniak-McDougall Arbitration Services for international commercial arbitrations, located in Toronto, and a member of the arbitration practice at 3 Verulam Buildings Barristers in London, UK.

He has been president of The Advocates Society, was a bencher with the Law Society of Upper Canada, and a sessional professor at University of Western Ontario Law School.



Earl Cherniak In The News
Look to arbitration, case management to address civil trial delays

In Ontario, the availability of dates for civil trials of any complexity is in a crisis state — but as Toronto lawyer and arbitrator  Earl Cherniak writes in The ... Read more

Historical value of LSUC name should be recognized

There is no logical or historical basis for changing the name of the Law Society of Upper Canada (LSUC) — and doing so could actually lead the public to confuse the ... Read more

Supreme Court to hear appeal in Groia case

The Supreme Court of Canada (SCC) has agreed to hear an appeal from lawyer Joe Groia, who will ask the top court to explore the issue of who should regulate the ... Read more

Why the CJC should maintain the institution of Independent Counsel

By Earl Cherniak On Oct. 5, 2016, the Canadian Judicial Council (CJC) published proposals for reform of the judicial discipline process for federally appointed judges, ... Read more

Costs rising, but arbitration still best option for fast ruling

For many companies looking for a timely resolution to a business disagreement, arbitration has become the tool of choice — but it is not always a less costly ... Read more

Developments in commercial arbitration in Canada

By Earl Cherniak After many years and much consultation, reform of commercial arbitration legislation, international and domestic, is underway across Canada. The existing ... Read more

Non-political SCC appointment process a welcome improvement

The government’s new non-partisan process for appointing justices to the Supreme Court of Canada (SCC) is a positive change, but recommendations should remain ... Read more

'Irreconcilable' issues remain unclear after Spence leave decision

The Supreme Court of Canada’s recent decision not to grant leave to appeal in the case of a woman left out of her father’s will for alleged racist reasons has ... Read more

Groia will seek leave to appeal: Cherniak

Lawyer Joe Groia will be asking the Supreme Court of Canada to explore the issue of who should regulate the conduct of lawyers defending their clients' rights in court, after ... Read more

Parties hope SCC takes on issue of public policy in wills

As the Supreme Court of Canada has not weighed in on public policy concerns in testamentary dispositions for some time, a client seeking to challenge the decision ... Read more

Counsel to seek SCC appeal in case of discriminatory will

A woman who was omitted from her father’s will for alleged racist reasons will seek leave to appeal her case to the Supreme Court of Canada, after the Court of Appeal ... Read more

Good arbitration clauses require attention to detail

Although it is often true that arbitration clauses in commercial agreements are the last things lawyers address, parties should always aim to draft clauses that work ... Read more

Court's strict approach to disclosure lesson for arbitrators

A French court’s recent move to declare a Canadian arbitrator’s award invalid because of a potential conflict is a cautionary tale for all arbitrators to not only be ... Read more

Cherniak article cited by Ontario Court of Appeal

The Ontario Court of Appeal recently cited an analysis of the 2014 Supreme Court of Canada ruling in Sattva Capital Corp. v. Creston Moly Corp .,  by Toronto lawyer and ... Read more

Cherniak taking Groia matter to appeal court

Lawyer Joe Groia is taking his case to the Ontario Court of Appeal next week, as he and his counsel, Toronto lawyer and arbitrator Earl Cherniak , seek to have a finding of ... Read more

Cherniak pens foreword to Annual Review of Civil Litigation

Joining the company of three justices of the Supreme Court of Canada who were asked to carry out the task in previous years, Toronto lawyer and arbitrator  Earl Cherniak has ... Read more

Contingency fee developments welcome, but not new

While contingency fees — which allow a lawyer or firm to contract for a retainer that will pay it a percentage of a recovery — were only recently permitted by ... Read more

SCC findings in Sattva may need revisiting

The Supreme Court of Canada’s decision in Sattva Capital Corp. v Creston Moly Corp ., 2014 SCC 53 may be open to question and require further review in a case that ... Read more

Cherniak recognized as leading litigator, arbitrator

Toronto lawyer and arbitrator Earl Cherniak has been recognized in the 2015 Canadian Legal Lexpert Directory as one of the most frequently recommended lawyers in the areas of ... Read more

Cherniak to work with panel of arbitrators at Coe ADR

In addition to his arbitration, appellate advocacy and commercial litigation practice at Lerners LLP , Toronto lawyer and arbitrator Earl Cherniak has recently joined the panel ... Read more

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