ADR
Lawyers Financial
ADR
profile
Support for a child away at university

By  Jennifer Samara Shuber   Many support payors are under the impression that child support ceases when that child leaves home to attend a post-secondary institution. Our courts, however, have taken a different approach. Child support is reduced but not eliminated. In these cases, the issue is whether the parent receiving child support must reasonably maintain a home base for that child . Subsection 31(1) of the Family Law Act, provides that each parent has an ... Read more

profile
Benchmark names Cherniak a 2014 litigation star

Toronto lawyer and arbitrator Earl Cherniak has been recognized as one of Canada’s leading litigation lawyers in the 2014 issue of Benchmark Canada, compiled by Benchmark Litigation. Cherniak, partner with Lerners LLP , has been named a Local Litigation Star for Ontario and a Litigation Star for Canada in arbitration and class action for 2014. He specializes in alternative dispute resolution, commercial litigation, class actions and appellate practice. “The guide's results are the ... Read more

profile
Family law constantly evolving, presenting new challenges

No two days are ever the same in family law, where many clients share similar stories, but each has their own unique and personal perspective, Toronto family lawyer Jennifer Samara Shuber tells Canadian Lawyer. In an article featuring eight lawyers discussing the pros and cons of working in their respective cities and practice areas, Shuber, lawyerr with Beard Winter LLP , says family law is constantly changing. “Family law clients are a diverse group, with a wide range of ... Read more

profile
Forgiveness: Do your soul a favour

By  Jennifer Samara Shuber Read more

profile
Parental alienation cases require creative counsel

When it comes to parental alienation cases – arguably the toughest type of high-conflict custody dispute – case law proves attending lawyers must be sensitive, focused, detail-oriented and well informed on mental health literature, Toronto family lawyer Jennifer Samara Shuber writes in a paper for the Law Society of Upper Canada. The paper, titled Alienation Update: What Are The Courts Doing With These Cases? , was written for the Law Society’s Six Minute Family Lawyer ... Read more

profile
Law Society appeal panel reduces Groia's suspension

A two-month suspension faced by lawyer Joe Groia, a client of prominent Toronto lawyer and arbitrator Earl Cherniak , has been cut in half by a Law Society of Upper Canada appeal panel, the Globe and Mail   reports. In the decision, a five-member panel maintained that Groia – who acted for the geologist at the centre of the Bre-X gold scandal – “engaged in professional misconduct” related to the trial more than a decade ago, but reduced his suspension to just ... Read more

profile
Commercial arbitration "polar opposite" to civil justice system

Arbitrators and arbitration counsel in Ontario – especially Toronto – have an opportunity to seize the moment and be seen as the cost efficient, effective alternative to the broken court system, Toronto lawyer and arbitrator  Earl Cherniak  recently told the Toronto Commercial Arbitration Society Annual Conference, in a keynote luncheon address. “It is said, with much justification in Toronto at least, that the civil justice system is broken, given the several years wait to get a trial of any ... Read more

profile
Cherniak to deliver keynote at arbitration conference

Toronto lawyer and arbitrator  Earl Cherniak  is set to present the keynote speech at the upcoming Toronto Commercial Arbitration Society Annual Conference. Cherniak, partner with  Lerners LLP , will speak during lunch at the conference, between 12:30 and 2 p.m. The conference will also feature two “Tylney Hall” type sessions on starting the arbitration and conduct of the arbitration, for which all participants are expected to submit questions in advance on the topics for each session. The ... Read more

profile
Cherniak to participate in mock trial

Toronto lawyer and arbitrator Earl Cherniak is slated to appear in an upcoming mock trial as part of the Stratford Festival’s Shylock Appeals Weekend. Read more

profile
Cherniak named Lawyer of the Year for 2014

Prominent Toronto lawyer and arbitrator  Earl Cherniak  has been included in the 2014 Lawyer of the Year round-up, compiled by Best Lawyers. Cherniak, partner with  Lerners LLP , specializes in alternative dispute resolution, professional responsibility and appellate practice. In addition, he was listed under administrative and public law, class action litigation, corporate and commercial litigation, defamation and media law, director and officer liability, insurance law, international ... Read more

profile
LSUC decision contains substantive failings, appeal alleges

An appellant’s factum recently filed by  Lerners LLP  criticizes a Law Society of Upper Canada disciplinary panel decision convicting Joe Groia of professional misconduct, alleging some of the ruling’s conclusions amount to an abuse of process. Groia, a Toronto lawyer, attempted to defend himself on the disciplinary charges,  Law Times  reports, noting the panel found it was an abusive attempt to relitigate findings already made by the court. The appeal factum, filed by Earl Cherniak and ... Read more

profile
Task force right to suggest pretrial conference changes: Earl Cherniak

An Ontario Bar Association task force is right to suggest splitting the pretrial conference into a settlement discussion or a focused trial management process, Toronto lawyer and arbitrator  Earl Cherniak  tells Law Times . In its first report, says the article, the Ontario Bar Association’s task force on judicial dispute resolution recommends separating the judicial settlement facilitation process from the pretrial component under the Rules of Civil Procedure. The report says pretrial ... Read more

profile
Holding the Family Responsibility Office responsible

  By Jennifer Samara Shuber No matter what side of the fence they are on, clients seem frustrated with the Family Responsibility Office (“FRO”). Whether one client claims FRO is not collecting support fast enough or another thinks FRO is collecting too much support, it seems everyone has a complaint. FRO was established to collect, distribute and enforce child and spousal support payments in this province. Every year, FRO handles more than 180,000 cases, ... Read more

profile
Cherniak to speak on arbitration costs, lessons learned

Toronto lawyer and arbitrator  Earl Cherniak is scheduled to speak at an upcoming conference on arbitration costs, trends and hard lessons learned. The ADRIA Conference runs Thursday and Friday in Calgary, Alta. with a focus on Integrating ADR Into Our World. Cherniak, a commercial arbitrator and partner with  Lerners LLP , is slated to take part in a panel discussion on arbitration costs and deliver a speech on trends in arbitration and lessons he’s learned. The costs discussion is ... Read more

profile
Earl Cherniak: Toronto arbitration profile bolstered

The International Chamber of Commerce has entered into an agreement with Arbitration Place in Toronto to bolster its presence in North America – a positive development for those in the practice area, says Toronto lawyer and arbitrator  Earl Cherniak . The agreement, Law Times reports, will see Arbitration Place provide office facilities for the ICC’s International Court of Arbitration to conduct its operations in the city. In return, the ICC will advocate the use of Arbitration Place for ... Read more

profile
Diversity matters in mediation

Diversity isn’t often seen as a pressing issue in alternative dispute resolution (ADR), though it has the potential to produce better, more collaborative results for clients, says Toronto civil litigation and employment lawyer Kumail Karimjee . “There is a tendency among many employment law practitioners to plow the same terrain and to stick with the usual roster of known mediators,” says Karimjee. “This is the case even though, in the employment law area, we are often dealing with parties ... Read more

profile
The importance of timely family law custody appeals

  By Jennifer Samara Shuber Perron v. Perron  is a custody case decided by the Ontario Court of Appeal where the issue of language education featured prominently. It contains interesting commentary not only on the status of French in Canada and education as an aspect of custody, but also on the importance of timely appeals and the impact of status quo. The parties were married in 1996 and have three children. The father was a native French speaker who taught at a ... Read more

profile
The worst kept legal secret: Family law needs a complete overhaul

By  Jennifer Samara Shuber Read more

profile
Chambers names Cherniak a top arbitrator

The benefits of arbitration over standard courtroom litigation include saving time and additional control over proceedings, says Toronto lawyer and arbitrator  Earl Cherniak , who was recently included in legal publisher Chambers and Partners’ rankings as a Band 1 arbitrator.   Read Financial Post  …  Read Chambers Directory    “One of  the prime advantages of arbitration is that the parties have a say in who is actually going to hear the case,” says Cherniak. “Confidentiality is very ... Read more

profile
Balancing the duty to disclose

Two recent trends emerging in the world of alternative dispute resolution impact both the appointment and independence of arbitrators, Toronto lawyer Earl Cherniak , who specializes in ADR, writes in Lawyers Weekly .   Read Lawyers Weekly "The first involves attacks on awards by unsuccessful parties," writes Cherniak, partner with  Lerners LLP . "Where no right of appeal exists, as in most international arbitrations, judicial review is often sought based on the failure to disclose matters ... Read more

Lawyer Directory
Story Finder
BridgePoint Financial Services (post to 5.31.19)Hexigent Consulting (to remain until August 31/19)MKD International (post until Sept. 30/19)Feldstein Family Law (post until May 31/19)Legal Print & Copy Inc.Morrow Mediation Benson Percival Brown - Flat Box Ad Unit - 300x125Leanne TownsendTheJudge