Six Recent Cases from the SCC You Must Know

For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community. To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.

Earl A. Cherniak, LLD, K.C., FCI.Arb, is a distinguished partner at Lerners LLP, renowned as one of Canada's leading trial and appellate counsel. With over 60 years of litigation experience, he has specialized in commercial litigation and arbitration for more than three decades, offering a seasoned perspective on complex commercial disputes. Throughout his illustrious career, Mr. Cherniak has held several prominent positions, including serving as a commissioner of the Ontario Law Reform Commission from 1986 to 1992. He was an elected Bencher of the Law Society of Upper Canada between 1999 and 2007, during which he chaired the Proceedings Authorization Committee and led a task force on multi-disciplinary practices. His peers have recognized his expertise, electing him as a Fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. In 1996, he was honored with The Advocates’ Society Medal and later became its president. Notably, Mr. Cherniak was the inaugural recipient of the Ontario Bar Association Award for Excellence in Civil Litigation. In addition to his legal practice, Mr. Cherniak has contributed significantly to the legal community as an author and lecturer on various legal subjects. He is an honorary North American member of the UK's Commercial Bar Association and serves on the Canadian roster of arbitrators for the International Chamber of Commerce and the ADR Institute of Canada. As a Fellow of the Chartered Institute of Arbitrators and a member of the international panel of arbitrators for the International Centre for Dispute Resolution, he continues to influence the field of arbitration. Mr. Cherniak is also a past chair of the Toronto Commercial Arbitration Society, reflecting his commitment to advancing alternative dispute resolution in Canada. For more information about Earl A. Cherniak and his professional achievements, please visit his profile on the Lerners LLP website.

Ian is a graduate of the University of Waterloo where he obtained a Bachelor of Mathematics (Honours). He then attended Osgoode Hall Law School, where his studies focused almost exclusively on criminal law and related topics. He worked extensively in the Criminal Division of the Community & Legal Aid Services Programme and received the Helen Grossman Q.C. Prize twice for his work. Ian completed his articles at the law firm of Greenspan Humphrey Lavine. Upon his call to the bar in 2015, he opened a sole practice in chambers with a prominent criminal defence firm in Toronto. In 2017, he joined Kapoor Barristers where he grew his criminal defence practice by representing clients on a variety of trial and appellate matters in all level of courts, including before the Supreme Court of Canada. In 2024, he founded Kasper Law. Ian is called to the bar of Ontario and the bar of Nunavut. His practice focuses primarily on criminal trials and appeals. Ian is a member of the Private Panel for the Legal Services Board (Nunavut) and regularly acts as counsel on matters in the territory. He is a coordinator for the Summary Conviction Appeal Court duty counsel program at the Superior Court of Justice in Toronto and a member of the Pro Bono Inmate Appeal Program at the Court of Appeal for Ontario. In addition to his criminal defence practice, Ian acts as an Agent for the Office of the Children’s Lawyer in select child protection and secure treatment matters and serves as a Deputy Judge Advocate in the Canadian Armed Forces. He also regularly volunteers his time to serve on the executives of professional organizations. He is an avid curler and proud member of the Royal Canadian Curling Club.