ADR
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ADR
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When ADR works and when it doesn't

By Marvin J. Huberman “ADR” is an acronym for “Alternative Dispute Resolution.” It’s a term that encompasses a wide range of techniques that may be used to attempt to resolve a legal dispute without having to proceed to more traditional adversarial and adjudicatory processes such as litigation, hearings, and appeals.  Read more

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Appeal decision in 'house-husband' case significant for dependant spouses

The Divisional Court's recent decision to uphold a significant award to a “house-husband” who was left out of his common-law wife’s will has implications for any spouse who is considered a dependant, says Toronto lawyer and arbitrator Earl Cherniak . Read more

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Groia's run for LSUC bencher unrelated to court case: Cherniak

Toronto lawyer Joe Groia’s decision to run for bencher of the Law Society of Upper Canada will not have an effect on his ongoing court proceedings involving the regulator, Toronto lawyer and arbitrator Earl Cherniak tells Law Times . Read more

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Groia to appeal divisional court ruling: Cherniak

Toronto lawyer Joe Groia plans to take his case to the Ontario Court of Appeal, following the Divisional Court’s decision this week to uphold the Law Society of Upper Canada’s finding of professional misconduct against him, says Groia’s counsel, Toronto lawyer and arbitrator  Earl Cherniak . Read more

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Groia appeal in the public interest, says Cherniak

Toronto lawyer Joe Groia has defended his prosecution against a charge of incivility, not only for his own sake, but also in the public interest in the profession, Toronto lawyer and arbitrator Earl Cherniak recently told an Ontario Divisional court panel hearing Groia’s appeal, the Toronto Star reports. Read more

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Cherniak recognized as leading litigator

Toronto lawyer and arbitrator Earl Cherniak  has been named as one of Canada’s leading litigation lawyers in the December 2014 special edition issue of Lexpert . Read more

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ODR can enhance mediation process

While the tools exist to take alternative dispute resolution online, the methods have yet to be fully embraced, continuing a trend of law firms treading carefully when it comes to adopting tech-laden processes, says Toronto mediator and civil litigation and employment lawyer  Kumail Karimjee . Read more

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Cherniak to receive 2015 TLA Award of Distinction

Toronto lawyer and arbitrator Earl Cherniak  was recently named the 2015 recipient of the Toronto Lawyers Association (TLA) Award of Distinction in recognition of his contributions to the city’s legal community and the profession as a whole. Over the course of his career, Cherniak, partner at Lerners LLP , has led the development of jurisprudence in a number of important cases, as well as the development of the profession through his role as a bencher and mentor to many young lawyers, says ... Read more

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Cherniak named to Who's Who Legal list

Toronto lawyer and arbitrator Earl Cherniak has been recognized in the 2014 edition of Who’s Who Legal Canada for his expertise in the areas of arbitration, insurance and reinsurance, and litigation. The publication describes Cherniak, partner with Lerners LLP , as a “legend of Canadian law” who has been involved in some of Canada’s largest arbitrations. Cherniak, says the guide, is “held in very high esteem by the bar who describe him as an ‘éminence grise’ with a ‘penetrating ... Read more

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Court's decision on leave tests important to all arbitrators

A recent case that considered the different tests for leave to appeal an arbitral award under the Arbitration Act and the Rules of Civil Procedure has broad implications for any party involved in an arbitration, Toronto family lawyer Herschel Fogelman writes in Lawyers Weekly . “The test under the Arbitration Act focuses on the rights of the specific parties, whereas the test under the rules looks at broader implications of the decision under review,” writes Fogelman, principal ... Read more

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Event raised funds for high-risk births

Toronto family lawyer Jennifer Samara Shuber  was one of the top fundraisers at a recent event focused on high-risk births, supporting the purchase of equipment and resources needed to deliver this specialized care to moms and babies at Mount Sinai Hospital. Rock n’ Stroll took place Sept. 28, and Shuber, lawyer with Beard Winter LLP , participated with her 10-year-old son Eli. "Eli was a preemie. He was born at 29 weeks. I was blessed to have the ... Read more

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Cherniak recognized in 2015 edition of Best Lawyers in Canada

Toronto lawyer and arbitrator Earl Cherniak has been recognized for his expertise in 12 practice areas in the 2015 edition of Best Lawyers in Canada. Cherniak, partner with Lerners LLP , was named to the list for his proficiency in administrative and public law, alternative dispute resolution, bet-the-company litigation, class-action litigation, corporate and commercial litigation, defamation and media law, director and officer liability practice, insurance law, international ... Read more

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Cherniak's long, varied career focuses on arbitration

Described as one of the world's leading experts in commercial arbitration, Toronto lawyer and arbitrator Earl Cherniak has been recognized as one of the best in his field with numerous accolades. Over the course of his career, he has handled hundreds of cases and has appeared before the Supreme Court of Canada more than 40 times. "Every case is different and every year has been different with my practice changing in one way or another," he tells AdvocateDaily.com . ... Read more

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Debate may follow SCC contract interpretation changes

A recent Supreme Court of Canada decision that introduced a series of sweeping changes to the way contracts are interpreted in Canada and appellate review of contractual interpretation is causing waves in the legal community, says Toronto lawyer and arbitrator  Earl Cherniak . The appeal from the British Columbia Court of Appeal,  Sattva  Capital Corp v. Creston Moly Corp  2014, SCC 53 ( CanLII) arose out of a B.C. commercial arbitration decision over a ... Read more

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I’m proud of PRIDE

By  Jennifer Samara Shuber Read more

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Cherniak named leading practitioner in Lexpert guide

Toronto lawyer and arbitrator  Earl Cherniak has been recognized in the 2014 Canadian Legal Lexpert Directory as one of the most frequently recommended lawyers in a number of areas, including international and domestic commercial arbitration. Cherniak, partner with Lerners LLP , was also named as a leading practitioner in the areas of commercial insurance litigation, corporate commercial litigation, product liability litigation and professional liability. Cherniak has wide experience as a ... Read more

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Independent counsel a public interest role: Cherniak

A lawyer in the role of independent counsel before a Canadian Judicial Council (CJC) proceeding has no client and is acting in the public interest – not under the direction of any of the parties, Toronto lawyer and arbitrator  Earl Cherniak  tells  Lawyers Weekly . As the article reports, a debate over the role of independent counsel recently came to the fore in the CJC inquiry investigating allegations of misconduct against Manitoba Queen’s Bench (Family ... Read more

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Confidentiality in arbitration

By Earl Cherniak One of the many perceived advantages of commercial arbitration is that the hearings are in private and the pleadings, evidence, names of the parties and even the fact that there is an arbitration, are all confidential. Confidentiality is implied in all private arbitrations and many have strict agreed-upon procedural rules to ensure it. But there are exceptions. The recent case of Association of Municipalities of Ontario (AMO) and The City of Toronto (Toronto) as applicants ... Read more

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Bre-X lawyer headed to court in battle against law society

TORONTO – A prominent securities lawyer and the society that regulates the legal profession in Ontario are bound for court in the latest round of an epic battle started in the aftermath of the billion-dollar Bre-X mining fiasco in the late 1990s. Closely watched by the legal profession, the contest pits Joe Groia, who successfully defended the only person charged in the history-making securities scandal, against the Law Society of Upper Canada. "There have been few cases, if any, where ... Read more

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Cherniak says handling of nude posing justice a 'stain'

TORONTO – The council probing a complaint against a senior Manitoba judge photographed in the  nude has drawn scathing criticism, particularly in light of its recently failed attempt to place itself beyond judicial scrutiny. The glaring spotlight now focused on the Canadian Judicial Council is one result of the tortuous hearing into Justice Lori Douglas, which collapsed in acrimony amid accusations of bias. The complaint against Douglas arose after pictures her husband took of ... Read more

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