Earl A Cherniak QC (Canada)

Earl A Cherniak QC (Canada)

Practice Overview

LL.B, FCI.Arb is a Senior Partner at Lerners LLP

Earl's practice is restricted to trial and appellate work, arbitrations and mediations, in a broad spectrum of complex commercial, insurance and public litigation.

Elected Bencher of the Law Society of Upper Canada (1999 - 2007) and served as Chair of the Proceedings Authorization Committee. A commissioner of the Ontario Law Reform Commission (1986-1992).

An elected Fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers.

Awarded The Advocates' Society Medal in 1996 and is a past president of the Society and he was the first recipient of the Ontario Bar Association Award for Excellence in Civil Litigation.

An honorary North American member of the (U.K.) Commercial Bar Association.

Listed as an expert in commercial arbitration and dispute resolution in The Legal Media Group Guide to the World's Leading Experts in Commercial Arbitration and the Practical Law "Which Lawyer" year book, and a leading litigator in Chambers Global, Who's Who Legal, Global Counsel and Lexpert.

He has written and lectured extensively on a variety of legal subjects.

Recent and ongoing Commercial Arbitrations as Arbitrator include

  • a dispute between Alberta Oil Sands joint venture and an international group of insurers (chair of panel, settled after 3 months of hearing)
  • a dispute between a steel company and a group of contractors who performed an upgrade (chair of panel)
  • a dispute between a coal mining company and a loading facility (sole arbitrator)
  • a dispute between an energy supplier and a manufacturer (chair of panel)
  • a dispute between the Ontario Government and the long term lessee of a toll highway (member of the panel)
  • a dispute in the Canadian book publishing industry (sole arbitrator)
  • a dispute between an Ontario municipality and an energy supplier (sole arbitrator)
  • a dispute between the buyer and seller of an energy supply company (sole arbitrator)
  • a shareholder dispute in the technology industry (sole arbitrator)
  • a vendor/purchaser dispute in the power supply industry (sole arbitrator)
  • a dispute between two pharmaceutical companies over a distribution agreement
  • a dispute over dockage rights on the Great Lakes (panel member, ICC arbitration)
  • a dispute between a hospital and a pharmaceutical company
  • a manufacturer of commercial airplanes and a customer
  • an ICC arbitration involving a dispute between an American supplier and European entities over a share acquisition agreement (sole arbitrator)
  • a dispute between Canadian companies in the helicopter industry (panel member)
  • a dispute between a First Nation and Ontario government entities over a resource sharing agreement

Mediations include:

  • A shareholders dispute
  • Claims in a complex insolvency between stakeholders
  • A dispute between a major supplier and a sub-contractor in the automotive industry
  • A dispute between a major landlord and a manufacturer over the lease of commercial property