Bradley E. Berg, FCIArb.
Partner | Toronto
Toronto: 416-863-4316

Brad's practice includes both complex commercial cases and precedent-setting public interest litigation. He has appeared as lead counsel at all levels of courts, including the Supreme Court of Canada, and before international commercial arbitration panels, administrative tribunals and inquests. His trial and appellate experience in commercial and civil litigation includes business disputes, class actions, mining, banking, real estate and leasing, taxation, injunctions, the regulation of professionals, constitutional and administrative law, and all types of contract and negligence actions.

Brad has acted on shareholder disputes, directors' and officers' actions and arrangements. He is regularly consulted on corporate transactions and opinions, and frequently advises on complex questions of legal privilege, jurisdiction and cross-border regulation.

Brad is the Practice Group Leader for Litigation & Dispute Resolution in Toronto.

SELECT EXPERIENCE

Many of Brad's cases are international arbitrations that are strictly confidential. A representative list of Brad's cases of public record includes acting for:

Commercial Cases

  • Appleby Services (Bermuda) Ltd. in a large class action arising from a complex tax/charitable gift program
  • Cliffs Natural Resources in a wide range of disputes, including a C$1.8-billion joint venture dispute involving the Wabush Mine in Labrador
  • Cantor Fitzgerald Securities in a significant privilege dispute
  • Wyndham Hotel Group in a variety of cases, including class actions and franchise/license disputes across Canada
  • German investors in a dispute with SaskEnergy over commercial premises in Regina
  • Several Canadian banks in various commercial disputes

Civil Rights and Constitutional Cases

  • The Canadian American Bar Association in the voting rights appeal by expatriate Canadian citizens (Frank)
  • Canadian Civil Liberties Association in a variety of matters, including the scope of constitutional damages, the determination of fair trial rights and the protections afforded a witness (the "niqab case"); the standard of care for Crown prosecutors in Canada; the constitutionality of provincial property forfeiture legislation; and the duty of care owed by police in Canada to persons under investigation
  • Family Service Association of Toronto in the landmark "three-parent" case (AA, BB, CC)
AWARDS & RECOGNITION

Brad is widely recognized as one of Canada's leading litigators including by:

  • The Legal 500 Canada (Recommended for Dispute Resolution)
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Litigation - Corporate Commercial)
  • The Canadian Legal Lexpert Directory ("Most Frequently Recommended")

  • Chambers Canada (Dispute Resolution)

  • The Best Lawyers in Canada (Corporate & Commercial Litigation; Appellate Practice)
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys

Brad has also been recognized for his contributions to diversity issues, mentoring and corporate leadership including by:

  • Out on Bay Street: Leaders to Be Proud of Awards (Professional Leadership, 2015)

  • Lexpert Zenith Awards: Celebrating Corporate and Law Firm Social Responsibility (Mid-Career Mentorship, 2011)
PUBLICATIONS
Show Past:
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Blakes Bulletin on Litigation & Dispute Resolution, October 18, 2016
Blakes Bulletin on Litigation & Dispute Resolution, October 21, 2015.
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PROFESSIONAL APPEARANCES
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Speaker: End of Term Dinner
The Advocates' Society, Toronto, Ontario, June 15, 2017.
Speaker: Spring Symposium
The Advocates' Society, Toronto, Ontario, April 27, 2017.
Faculty: Trial Skills, Professionalism and Civility
The Law Society of Nunavut and The Advocates' Society, Iqaluit, Nunavut, April 20-22, 2017.
Faculty: Setting Aside and Enforcing Arbitration Awards
Toronto Commercial Arbitration Society, Toronto, Ontario, April 5, 2017.
Speaker: Diverse Perspectives on Corporate Law in Canada
Blakes Seminar, Toronto, Ontario, March 29, 2017.
Speaker: Sopinka Cup National Moot Trial Competition
The Advocates' Society, Ottawa, Ontario, March 17-18, 2017.
Faculty: Court House Series on Trial Advocacy
The Advocates' Society, Thunder Bay, Ontario, March 2, 2017.
Speaker: Medal Dinner
The Advocates' Society, Toronto, Ontario, February 15, 2017.
Speaker: Arnup Cup Moot Trial Competition
The Advocates' Society, Toronto, Ontario, February 10-11, 2017.
Speaker: The Life and Law of Justice Marshall Rothstein
The Advocates' Society, Toronto, Ontario, February 7, 2017.
Speaker: Professionalism in 2016
Ottawa-Carlton Law Association Legal Conference, Mont Tremblant, Quebec, November 18-19, 2016
Moderator: View from the Bench on Access to Justice
The Advocates' Society Fall Convention, Sonoma, California, November 11, 2016
Speaker: Arbitration Advocacy
The Advocates' Society, Calgary, Alberta, November 3, 2016
Speaker: Arbitration Advocacy
The Advocates' Society, Vancouver, British Columbia, November 2, 2016
Speaker: Civility in the Legal Profession
Thunder Bay Law Association Legal Conference, Thunder Bay, October 28, 2016
Speaker: Mentoring and Civil Litigation at Fall Forum
The Advocates' Society, Blue Mountain, Ontario, October 21-22, 2016
Speaker: Summary Judgment Update Kingston & 1000 Islands Annual Legal Conference
Gananoque, Ontario, September 17, 2016
Speaker: Common Interest Privilege Navigating Privilege Seminar
The Advocates' Society, Toronto, Ontario, July 19, 2016.
Co-chair: Spring Symposium
The Advocates' Society, Toronto, Ontario, April 28, 2016.
Keynote Speaker: Best Practices for Civil Trials
Advocacy in Ottawa Symposium The Advocates' Society, Ottawa, Ontario, April 8, 2016.
Speaker: Duty of Honesty in Contractual Performance
The Law Society of Upper Canada, Toronto, Ontario, September 18, 2015.
Co-chair: Spring Symposium
The Advocates' Society, Toronto, Ontario, April 29, 2015.
Speaker: Privilege for In-House Counsel 2.0
Canadian Life & Health Insurance Association, Toronto, Ontario, April 15, 2015.
Co-chair: Civil Trials Symposium
The Advocates' Society, Toronto, Ontario, January 28, 2015.
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MEDIA APPEARANCES
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Quoted: U.S. Expats Vote While Canadian Expats Fight
Interviewed by Andy J. Semotiuk, Forbes, November 4, 2016
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