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Bradley E. Berg, FCIArb.
Bradley E. Berg, FCIArb. (he, him, his) Partner | Toronto

About Bradley

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

Brad has acted on shareholder disputes, directors' and officers' actions and arrangements. He is frequently consulted on corporate transactions and complex questions of legal privilege, jurisdiction and cross-border regulation. Among other things, he deals regularly with the Canadian Public Accountability Board on behalf of the world's leading accounting firms.

Brad was the Practice Group Leader for Litigation in Toronto from 2010 to 2021.

Select Experience

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

  • Toronto Transit Commission in a variety of arbitrations to ensure the safe operation of the third largest transit property in North America

  • Appleby Services (Bermuda) Ltd. in a $500-million class action arising from a complex tax/charitable gift program

  • Cleveland-Cliffs Inc. 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, Bentall, 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

  • Banks, airlines, defence and energy companies in a broad cross-section of disputes

  • Major accounting firms in regulatory and litigation matters

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 continues to be widely recognized as one of Canada's leading litigators including in the most recent editions of the following publications:

  • Chambers Global: The World's Leading Lawyers for Business 2024 (Dispute Resolution)

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

  • Who's Who Legal (Commercial Litigation: "a great advocate" who is "very effective on his feet")

  • The Legal 500 Canada (Recommended for Dispute Resolution)

  • The Canadian Legal Lexpert Directory ("Most Frequently Recommended")

  • Chambers Canada: Canada's Leading Lawyers for Business (Litigation: General  Commercial – "Bradley Berg is an accomplished commercial litigator who is additionally renowned for his work on constitutional cases." Clients say: "He's an excellent lawyer and a very strong advocate in particular." "Brad has deep knowledge and provides excellent advice on regulatory issues within a fast-changing environment. I trust his judgement." "Brad is exceptional in client service and ensuring a global view of proceedings. He's wonderful to work with.")

  • 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

He also has been recognized for his contributions to diversity, mentoring and corporate leadership:

  • OBA SOGIC Robert Muir Award for Mentorship, Ontario Bar Association (Inaugural Recipient, 2022)

  • Together Towards Zero Award, AIDS Committee of Toronto (Individual Honouree, 2018)

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

  • Lexpert Zenith Award: Celebrating Corporate and Law Firm Social Responsibility (Mid-Career Mentorship, 2011)

  • Lexpert Zenith Award for Pro Bono Service (2009)

Brad and his national Blakes colleagues have made us Canada’s Arbitration Firm of the Year for seven years running (2017 to 2024, as recognized in the Benchmark Canada Awards).

Professional Activities

Brad is a past president of The Advocates' Society, the leading association of litigation counsel in Canada. He is a Fellow of the Chartered Institute of Arbitrators (London). He is a member of the ICC Canada Arbitration Committee and the Toronto Commercial Arbitration Society and has experience with a broad range of statutory, institutional and ad hoc arbitrations.

Brad is a director of the CAMH Foundation Board supporting mental health across Canada. He is closely involved with several other 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 a former law clerk to the Court of Appeal for Saskatchewan.

Professional Appearances
  • Moderator : SOGIC Stories and Lessons Mentorship Program
    Ontario Bar Association, Toronto, Ontario, June 6, 2024.
  • Co-chair : CAMH UnMasked 2024
    Centre for Addiction and Mental Health, Toronto, Ontario, June 5, 2024.
  • Co-chair : Equity, Diversity, and Inclusion for Litigators
    The Advocates' Society, Toronto, Ontario, October 5, 2023.
  • Co-chair : CAMH UnMasked 2023
    Centre for Addiction and Mental Health, Toronto, Ontario, May 24, 2023.
  • Chair : Seeing Yourself on the Bench – the Path from Advocate to Judge
    Department of Justice and the Advocates’ Society, Toronto, Ontario, April 3, 2023.
  • Speaker : Appellate Advocacy Training Series
    Court of Appeal for Ontario, The Advocates’ Society and Ontario Bar Association, Toronto, Ontario, December 7, 2022 and March 24-25, 2023.

Admitted to the Ontario Bar – 1996
Admitted to the Saskatchewan Bar – 1994
LLM (Best Thesis), University of Toronto – 1995
LLB (With Distinction), University of Saskatchewan – 1992
BComm (With Distinction), University of Saskatchewan – 1991

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