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 $500-million class action arising from a complex tax/charitable gift program

  • Cliffs Natural Resources in a wide range of disputes, including a $1.8-billion joint venture dispute involving the Wabush Mine in Labrador

  • Wyndham Hotel Group in numerous cases, including class actions and franchise/license disputes across Canada

  • QuadReal, Ontario Pension Board and Hudson’s Bay Company in multiple real estate and leasing disputes

  • German investors in a high-profile dispute with SaskEnergy over a corporate office tower in Regina

  • U.S. private equity firms in various cases and regulatory proceedings in Canada

  • Canadian banks and energy companies in a broad cross-section of commercial disputes

Civil Rights and Constitutional Cases

  • The Canadian American Bar Association in the voting rights appeal by expatriate Canadian citizens (Frank SCC)

  • Calgary Sexual Health Centre in defending Gay-Straight Alliances in Alberta (PT, DT, ABQB)

  • Canadian Civil Liberties Association in a wide variety of matters, including the scope of constitutional damages (Henry SCC), the determination of fair trial rights and the protections afforded a witness (the "niqab case" SCC); the standard of care for Crown prosecutors in Canada (Miazga SCC); the constitutionality of provincial property forfeiture legislation (Chatterjee SCC); and the duty of care owed by police in Canada to persons under investigation (Hill SCC)

  • Family Service Association of Toronto in the landmark "three-parent" case (AA, BB, CC, OCA)

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: “He is strategic counsel, guides the big picture strategy” and is “good at anticipating the client’s needs”.)

  • The Best Lawyers in Canada (Corporate & Commercial Litigation; Appellate Practice)
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys (“a polished and articulate advocate who is also extremely persuasive”)
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers

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: Corporate and Law Firm Social Responsibility (Mid-Career Mentorship, 2011)
PUBLICATIONS
Show Past:
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Law Society of Ontario, Indigenous Bar Association & The Advocates’ Society, May 8, 2018.
Blakes Bulletin on Litigation & Dispute Resolution, March 8, 2018.
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: “Capital Markets Pride” inaugural program
CPPIB, TD Securities and LGBTQ in Capital Markets, Toronto, Ontario, June 26, 2018.
Co-chair: Leadership in Litigation
The Advocates’ Society, Toronto, Ontario, May 3, 2018.
Faculty: Gold Standard Arbitration Course
Toronto Commercial Arbitration Society, Toronto, Ontario, April 5, 2018.
Speaker: Diverse Perspectives on Corporate Law
American Corporate Counsel (ACC) Ontario, Toronto, Ontario, November 28, 2017.
Co-chair: Winning Injunctions
The Advocates’ Society, Toronto, Ontario, November 24, 2017.
Speaker: Guide for Lawyers dealing with Indigenous Peoples
The Advocates’ Society Fall Convention, Nashville, Tennessee, November 4, 2017.
Co-chair: Indigenous Guide Consultation & Regional Dinner
The Advocates’ Society, Casino Rama, Ontario, October 23, 2017.
Speaker: Arbitration & the Role of In-House Counsel
Petroleum Club, Calgary, Alberta, October 17, 2017.
Speaker: Guide for Lawyers dealing with Indigenous Peoples
Colloqium 2017, Sudbury, Ontario, October 13, 2017.
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
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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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