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

Cherniak taking Groia case to SCC Nov. 6

The Supreme Court of Canada (SCC) will consider the issue of who should regulate the conduct of lawyers defending their clients' rights in court when it hears the case of Ontario lawyer Joe Groia on Nov. 6, with his counsel, Earl Cherniak of Lerners LLP , arguing the appeal. Read The Lawyer's Daily 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 regulator with other legal organizations in the province, Toronto lawyer and arbitrator Earl Cherniak tells Law Times . Read National Post 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 conduct of lawyers defending their clients' rights in court, his counsel, Toronto lawyer and arbitrator Earl Cherniak , tells AdvocateDaily.com. 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, responding to the Department of Justice paper on Possibilities for Further Reform of the Federal Judicial Discipline Process , and the submissions that followed it. 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 alternative to litigation, says Toronto lawyer and arbitrator Earl Cherniak , as quoted by John Schofield in Lawyers Weekly . 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 confidential and the final word should always belong to the prime minister, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily. com . 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 resulted in a number of unanswered questions around the issue of how public policy and evidence affect testamentary dispositions, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily.com. 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 Ontario's top court dismissed the litigator's bid to overturn a finding of professional misconduct against him, his counsel, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily.com. 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 to reinstate her father’s alleged discriminatory will hopes the top court will hear her case alongside another matter and explore these issues, Toronto lawyer and arbitrator Earl Cherniak tells Lawyers Weekly . 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 declined to uphold an earlier ruling to invalidate the will, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily.com. 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 impartial, but to also make sure the parties perceive them as such, Toronto lawyer and arbitrator Earl Cherniak tells Law Times . 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 arbitrator Earl Cherniak , in a decision that considered the appropriate standard of review with regard to a contract. 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 professional misconduct against Groia overturned during a three-day hearing, starting Dec.14. 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 provided the foreword to the Annual Review of Civil Litigation 2015. 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 legislation in Ontario, in personal injury cases, these types of fees go back many decades, Toronto lawyer and arbitrator Earl Cherniak writes in Law Times . Read more