Joel Richler is a senior member and past Co-chair of the Litigation Group (1998-2003) of the Toronto office. His practice is devoted to all aspects of commercial litigation, and he has, since 1980, acted in a wide variety of complex commercial matters, including many trials, appeals, arbitrations (international and domestic) and mediations.

Joel is certified by The Law Society of Upper Canada as a specialist in civil litigation. He has practised before all levels of the courts in Ontario and New Brunswick, including trial and appellate courts, the Federal Court of Canada, the Federal Court of Appeal and the Supreme Court of Canada. In addition, Joel has appeared before many administrative tribunals, including the Canadian, Ontario and New Brunswick human rights commissions, The Law Society of Upper Canada, the Canadian International Trade Tribunal, the Canadian Institute of Actuaries, the Ontario Racing Commission and the Commercial Registration Appeal Tribunal.

Joel's practice is wide-ranging. He has handled cases involving contract disputes, product liability, shareholders' rights, technology and software disputes, procurement, securities, construction, professional liability and many other areas.

Joel has been recognized by The Canadian Legal Lexpert Directory 2006 for several years as a leading practitioner in corporate commercial litigation, construction law, securities litigation and professional liability law. He is cited in The Best Lawyers in Canada 2008 in the areas of corporate and commercial litigation, directors and officers liability, legal malpractice law and construction law. He has an AV rating in Martindale-Hubbell and has been ranked in Chambers Global: The World's Leading Lawyers for Business since 2005. Joel is an active trial advocate and his opinion evidence as an expert in trial practice has been accepted by an Ontario trial court.

Relevant Experience

Recently, Joel led the successful prosecution of an international commercial arbitration claim for royalty payments and copyright infringement arising from a software licensing agreement and he obtained an award of more than USD 100 million. Joel has also acted as counsel in several class actions (one involving international recognition issues and another involving complex pension matters). Recently, Joel acted as plaintiff's counsel in a multimillion-dollar product liability and construction claim on behalf of a major steel manufacturer.

Joel has conducted several matters relating to software and technology issues, both in litigation and in arbitration. He has handled several international and domestic arbitrations, and he has advised many clients on technology contract-related matters.

Completed cases of significance include the following:

Casurina v. Rio Algom - Successful defence of an oppression claim made by holders of convertible debentures arising from the hostile take-over of Rio Algom.

Ziegler v. Sherkston Shores - Successful defence of a class action involving the scope of the landlord and tenant and rent control legislation in Ontario, in relation to commercial campgrounds and trailer parks. The case, in which more than CAD 5 million was claimed, was dismissed on summary application at the motion for certification.

Halifax Shipyard v. Minister of Public Works - Successful defence of a judicial review application seeking to overturn the award of a CAD 35-million naval contract.

Martin v. Artyork - Successful appeal to the Supreme Court of Canada on behalf of an investor seeking to enforce the statutory indoor management rule by suing a company on an instrument forged by a dishonest director.

S v. A and J - Successful resolution of a multimillion-dollar product liability and construction claim.

HA v. AA - Arbitration of claims arising from interpretation of unanimous shareholders agreement.

B v. SAA - Arbitration of claims arising from business process software modification and installation.

FG v. RC - Arbitration of claims arising from interpretation of profit sharing provisions in a real estate co-ownership agreement.

Carosi Construction v. Niagara Region - Successful defence of a claim arising from procurement of two construction contracts.

Bemar v. Toronto Transit Commission - Defence and settlement of complex construction contract and performance claims.

Hackman v. HAS Novelties - Successful resolution of a shareholders dispute in a privately held corporation, using the oppression remedy and winding-up provisions of the Business Corporations Act (Commercial List).

Bronfman v. TaxSave Consultants - Defence of claims relying on the oppression remedy and winding-up provisions of the Business Corporations Act.

Poretti v. Canada Packers - Represented senior executives seeking an interpretation of "golden handshake" provisions in a contract.

Welch Foods v. Cadbury Beverages - Trial and appeal of a licence agreement dispute.

Four Embarcadero Center Venture v. Mr. Greenjeans - A series of cases in the Ontario Courts dealing with the enforcement of foreign judgments.

Distribulite Ltd. v. Toronto Board of Education Staff Credit Union Ltd. - Trial of a series of actions on forged letters of credit. The issues included the liability of directors, the enforceability of forged instruments and the power of credit unions to issue letters of credit.

Jonert Investments v. Rothmans - Represented purchasers at trial in an action relating to an aborted commercial real estate transaction. The case dealt with tender and latent defect issues.

Mercantile Bank of Canada v. Leon's - Trial and appeal of an action against the purchaser of appliances from an insolvent manufacturer. The courts dealt with the right of the purchaser to assert set-off against the holder of Bank Act security.

Singer v. Candy - Successful settlement of international (International Chamber of Commerce) arbitration of dispute between Italian and Turkish companies.

Woodglen & Co. Ltd. v. Owens - Successful defence at trial and on appeal of a CAD 10-million claim against a law firm, involving complex real estate, planning and municipal law issues, based upon limited retainer and sophisticated client. The case stands as authority on the "duty to warn."

835039 Ontario Inc. v. Fram Development Corporation - Defence at trial of a CAD 20-million claim against a law firm, involving complex development and planning issues. The plaintiff recovered less than CAD 125,000 after an 85-day trial.

Bacher v. Obar - Represented a dentist seeking to enforce a restrictive covenant. The case dealt with the issue of the rights and obligations of professionals in "associate" practice with each other.

Glenarin Acres Ltd. v. Canada Trust Co. - Successful defence of a mandatory injunction application seeking to force a commercial tenant to maintain a branch at the plaintiff shopping centre.

Hudson's Bay Company v. Minister of Revenue and Bomberry v. Minister of Revenue - Two cases involving the application and interpretation of tobacco tax legislation in Ontario.

Andersen Consulting v. Hudson's Bay Company - Successful mediation of complex claim for damages arising for consulting engagement.

Optiglass v. Zellers Inc. - Successful mediation of a claim arising out of the termination of licensing arrangements in the defendant retail chain.

Professional Experience

Joel has written chapters in books devoted to civil litigation, and has published extensively in several areas of his practice. Joel was for several years an editor of the Construction Law Reports and a contributing editor of the National Insolvency Review. He has presented papers on a wide range of topics and he has participated in many seminars and programs presented by The Law Society of Upper Canada, The Advocates' Society and private organizations. Joel has participated as an instructor at the bar admission course in Ontario, The Advocates' Society and as a guest instructor at the Osgoode Hall intensive advocacy course. As well, Joel has instructed at litigation training programs presented by clients in-house.

Joel is a fellow of the Canadian College of Construction Lawyers. He is a member of the International Bar Association, the Canadian Bar Association, the American Bar Association, the Chartered Institute of Arbitrators, the Defence Research Institute and The Advocates' Society. He is currently a director of the Osgoode Society for Canadian Legal History and a member of the Toronto Advisory Committee of the Civil Justice Reform Project.

Joel was for several years a member of the advisory board of the Canadian Lawyers' Liability Assurance Society (CLLAS), and is a past chair of its claims committee and member of its executive committee. In these capacities, he has advised CLLAS on the resolution of several multimillion-dollar claims against CLLAS members, and he has co-operated actively with the primary insurers on risk management activities. All of these cases deal with complex commercial and corporate issues.

Joel has played an active role in the management of Blakes since becoming a Partner in 1986, having served on its Executive Committee, Partnership Committee, Compensation Committee, Technology Committee, Conflicts Committee and others.