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Bradley Berg

Bradley E. Berg, FCIArb.
Bradley E. Berg, FCIArb. Partner | Toronto
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Many of Brad's cases are 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

  • 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:

  • Legal 500 Canada (Recommended for Dispute Resolution)

  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Litigation - Corporate Commercial)

  • 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”.)

  • Best Lawyers in Canada (Corporate & Commercial Litigation; Appellate Practice)

  • Benchmark Canada: Definitive Guide to Canada's Leading Litigation Firms and Attorneys (“a polished and articulate advocate who is also extremely persuasive”)

  • Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers

  • Lexpert Zenith Award for Pro Bono Service

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

  • ACT Together Towards Zero: Long-standing Awards (Individual Honouree for 2018)

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

  • Lexpert Zenith Awards: Corporate & Law Firm Social Responsibility (Mid-Career Mentorship, 2011)

Professional Activities

Brad is the Past President of The Advocates' Society, the leading association of litigation counsel in Canada. He is the past Co-chair of the Firm's Legal Personnel Committee and has served on our Compensation, Partnership and Diversity & Inclusion Committees.

Brad is a Fellow of the Chartered Institute of Arbitrators (London). He is a member of the Toronto Commercial Arbitration Society and has experience with various arbitration institutions including the International Chamber of Commerce (ICC) (Paris). Brad is closely involved with several community agencies, including the Canadian Civil Liberties Association and the Metropolitan Community Church of Toronto. He is also a member of the Dean's Advisory Council for the University of Saskatchewan College of Law.

Brad taught trial advocacy at Osgoode Hall Law School for six years and is currently a contributing editor to Canadian Legal Practice (Butterworths/LexisNexis). He is a former law clerk to the Court of Appeal for Saskatchewan.

Publications
Professional Appearances
  • Keynote Speaker: StartProud / Out on Bay Street
    Precedent Conference, Toronto, Ontario, May 3, 2019.
  • Speaker: Chevron and Piercing the Corporate Veil
    The Advocates’ Society and American College of Trial Lawyers, Toronto, Ontario, April 24, 2019.
  • Co-chair: Leadership in Litigation
    The Advocates’ Society, Toronto, Ontario, March 29, 2019.
  • Lecturer: Ethics, Professionalism and Lawyers working with Indigenous Peoples
    University of Toronto Faculty of Law, Toronto, Ontario, March 21, 2019.
  • Speaker: The Future of ADR
    CPR Institute Canada Conference, Toronto, Ontario, February 4, 2019
  • Speaker: Challenges in Canadian International Arbitration
    ADR Institute of Canada Annual Conference, Montreal, Quebec, November 23, 2018.
  • Keynote Speaker: Leadership and Mentoring
    TD Bank Group LGBTQ+ Mentoring, Toronto, Ontario, November 22, 2018.
  • Co-chair: Equity, Diversity and Inclusion – Leading by Example
    The Advocates’ Society, Toronto, Ontario, September 25, 2018.
  • 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.
Education
Admitted to the Ontario Bar - 1996
Admitted to the Saskatchewan Bar - 1994
LL.M., University of Toronto - 1995
LL.B., University of Saskatchewan - 1992
B.Comm., University of Saskatchewan - 1991
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