Earl Cherniak

Earl Cherniak
FIRM:
Lerners LLP
POSITION:
Partner
AREAS OF PRACTICE:
ADR
PHONE:

Earl Cherniak, partner with Lerners LLP in Toronto, 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 Ontario, and a sessional professor at University of Western Ontario Law School.

Earl Cherniak Posts

New calls must continue to welcome change in profession

The legal profession has changed considerably in the last six decades — and lawyers called to the bar in 2019 have the duty to continue embracing change in order to maintain Canadian values and the rule of law, Toronto lawyer and arbitrator Earl Cherniak said as he received an honorary Doctor of Laws (LLD) degree from the Law Society of Ontario. Read more

New benchers must stay mindful of all issues within mandate

While a new group of Law Society of Ontario (LSO) benchers were seemingly elected to get rid of the Statement of Principles (SOP), they also need to be aware that they are serving a four-year term to govern the profession in the public interest — which is the statutory LSO mandate, Toronto lawyer and arbitrator Earl Cherniak writes in The Lawyer’s Daily . Read more

Ruling finds by-laws relating to golf course ultra vires, vague

A recent Ontario Superior Court ruling has found that five by-laws and a town council resolution approving a Cultural Heritage Landscape (CHL) Conservation Plan for a renowned Oakville golf course will not be allowed to stand, says Toronto lawyer and arbitrator Earl Cherniak. Read more

Golf course ruling highlights Heritage Act protections for owners

A recent ruling that will allow the owner of a renowned Oakville golf course to move forward with an application to redevelop the site confirms that the Ontario Heritage Act (OCA) has built-in protections for property owners that must be respected, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily.com. Read more

Cherniak to share insights on Groia case at Lerners CPD seminar

Toronto lawyer and arbitrator Earl Cherniak will discuss key points and lessons from the landmark case Groia v. Law Society of Upper Canada as part of an upcoming Continuing Professional Development seminar, presented by Lerners LLP. Read more

Issue over doctor's notes among 'worst' trial experiences: Cherniak

The confusion that arose over the handwritten notes of a family doctor during a trial in the late 1970s remains one of the “worst” experiences Toronto lawyer and arbitrator Earl Cherniak has ever had in court, he writes in the Summer 2018 issue of the American College of Trial Lawyers (ACTL) Journal . Read more

Requiring firm to run golf course 'worse than an expropriation'

Denying property rights to the owner of a renowned Oakville golf course would be “worse than an expropriation," as forcing it to maintain the site as-is would cost the company millions of dollars per year, Toronto lawyer and arbitrator Earl Cherniak recently told an Ontario Superior Court of Justice hearing, reports the Oakville Beaver . Read more

'Good old days' bring nostalgia, but practice of law better in 2018

While some may refer to the legal profession of the 1960s and 70s as the “good old days,” the changes that have taken place since that time have led to an “infinitely better” practice of law, Toronto lawyer and arbitrator Earl Cherniak writes in the Summer 2018 Advocates’ Journal . Read more

Cherniak: Groia case 'among most rewarding' of career

A nine-year legal battle that concluded with the Supreme Court of Canada (SCC) overturning a finding of professional misconduct against Ontario lawyer Joe Groia is not just a significant victory for advocates and the public alike, but according to his counsel, Earl Cherniak , the case ranks among the most memorable and worthwhile of his career. Read more

Supreme Court majority sides with censured former Bre X lawyer Joe Groia

OTTAWA — The Supreme Court of Canada has dismissed a series of complaints against a lawyer who was found to have breached the rules of civil courtroom behaviour during his aggressive but successful defence of a man charged in the billion-dollar Bre-X mining fiasco. Read more

In-house counsel have key role to play in arbitration process

Following the Supreme Court of Canada’s decision in R. v. Jordan , litigants are increasingly turning to arbitration as an alternative to the courts — but in-house counsel have an important role to play in ensuring that arbitration functions in an optimal way, Toronto lawyer and arbitrator Earl Cherniak and lawyer Alexander Gay write in Canadian Lawyer . Read more

Cherniak to discuss professionalism and civility at Advocates' Society event

Toronto lawyer and arbitrator Earl Cherniak will share his insights on the art of civility in advocacy at an upcoming program, presented by The Advocates’ Society. 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 well when they become necessary, Toronto lawyer and arbitrator Earl Cherniak writes in Lawyers Weekly . 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 acts, federal and provincial, were passed many years ago, in Ontario domestically in 1991, and internationally in Ontario and Canada in 1986. Read more

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 Lawyer’s Daily , there are two possible ways to address this problem. Read more