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Berkley Sells Toronto Lawyer

Berkley D. Sells *

Partner Fasken
Jurisdiction Ontario, 1998
Language(s) English
Office(s) Toronto
Contact
*practising through a professional corporation
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Overview

Berkley Sells has practiced civil litigation and arbitration at Fasken for more than 25 years. In addition to acting as counsel in corporate and commercial disputes, Berkley is recognized as a leading lawyer with respect to “extraordinary relief”, including injunctions, Anton Piller search orders, Norwich disclosure orders and Mareva asset freezing orders.

Berkly has extensive experience appearing as counsel in arbitrations and in court proceedings, at both the trial and appellate level, and has assisted clients with disputes involving: corporate governance (including oppression, directors' and officers’ duties and liability, diversion of corporate opportunities, winding-up, and hostile takeovers), professional liability (including negligence, negligent and fraudulent misrepresentations and breaches of fiduciary duties), interlocutory proceedings, internet litigation and matters involving trade secrets, employment relations, defamation, breach of confidence, contract interpretation and fraud.
 
In his arbitration practice, Berkley has assisted clients with complex and contentious matters in a wide variety of fields, including: mining, wind power, construction, medical isotopes, royalty agreements, accounting standards, food, and both ad hoc and administered arbitrations and subsequent court enforcement proceedings.
 
Berkley is a prolific author and speaker on a variety of litigation topics. His publications include Williston and Rolls Court Forms (3rd ed.), The Conduct of Oral and Documentary Discovery, and Motions Court Practice and Procedure (2nd ed.).
 
Berkley’s abilities as litigation counsel have been repeatedly recognized by, among others, Benchmark Canada and Lexpert.

Achievements

  • Recognized in Ontario as a Litigation Star in Commercial, Benchmark Litigation Canada 2017 to 2024
  • Recognized in the Canadian Legal Lexpert Directory in Litigation - Corporate Commercial, Lexpert 2021 to 2022
  • Recognized for Litigation - Corporate Commercial, Canadian Legal Lexpert Directory 2018

Client Work

  • V.M. Koury Investments Ltd. v. Bolton Steel Tube Co. Ltd., Winston Penny and Marie Penny - Fasken acted for the successful minority shareholder in a significant oppression remedy case, [Case - V.M. Koury Investments Ltd.], Significant win in shareholders' dispute.
  • Foresters Asset Management acquired by Fiera Capital, [Deal - Foresters Asset Management Inc], Fiera Capital Corporation ("Fiera Capital") (TSX: FSZ), a leading independent asset management firm completed its acquisition of all the issued and outstanding shares of Foresters Asset Management Inc. from Foresters Life Insurance Company. Upon closing, Foresters Asset Management Inc. was rename...
  • Brigaitis v. IQT, Ltd. c.o.b. as IQT Solutions, et al 2016 ONSC 6746 (CanLII) per Perell J., [Case - John Fellows], Berkley Sells acted as counsel to a defendant in a certified class proceeding and judicially approved settlement in Brigaitis v IQT, Ltd. c.o.b. as IQT Solutions, et al 2016 ONSC 6746 (CanLII) per Perell J.
  • Confidential Commercial Arbitration, 2010-2013, [Case - Confidential Client], Counsel regarding a billion dollar action for specific performance, or damages in lieu, arising out of a commercial contract.
  • CLE Leasing Enterprises Ltd. (re), [2012] O.J. No. 879; 2012 ONSC 1301 per Brown J., [Case - Cle Leasing Enterprises Ltd.], A leading decision on the application of and exemptions pursuant to the Bulk Sales Act
  • Forte Records v. Marshall et al., 2011 ONSC 2066, [Case - Marshall et al.], A successful motion to have an action dismissed for delay
  • Contractual arbitration in the exploration mining industry, [Deal - Confidential Client], Successfully defended a contractual dispute in the exploration mining industry.
  • Bridgestone Canada Inc. v. John Doe, [2009] CV-09-370274 (Ont. S.C.J.) per Campbell J., [Case - Bridgestone Canada Inc.], Berkley Sells represented Bridgestone Canada Inc. in a motion for an Anton Piller order involving electronic and other evidence.
  • Gold Reserve Inc. v. Rusoro Mining Ltd., [2009] CanLII 4855, O.J. No. 533, [Case - Gold Reserve], In a decision released on February 10, 2009, Justice Peter Cumming of the Ontario Superior Court of Justice (Commercial List) granted an interlocutory injunction restraining Rusoro Mining Ltd. (TSXV: RML) from proceeding with its hostile takeover bid for Gold Reserve Inc. (TSX: GRZ), a Spokane, W...

Career & Education

Education

  • LLB, with distinction University of Western Ontario
  • BA (Honours) Queen's University

Memberships & Affiliations

  • Member, The Advocates' Society
  • Member, The Toronto Commercial Arbitration Society
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, Metropolitan Toronto Lawyers Association
  • Member, Law Society of Upper Canada

Knowledge

Events

  • Can You Keep a Secret? Trade Secrets and Cybersecurity - Issues for Today’s Businesses, 6/8/2021
  • How to Handle High Stakes Investigations: An Interactive Case Study and Discussion, 6/15/2016
  • Crisis Management: How to Handle High Stakes Investigations, 5/14/2015

News

Publications

  • Williston & Rolls Court Forms, 3rd Edition, 6/26/2017
  • Motions Court Practice and Procedure 2nd Edition, 6/13/2017
  • Motions Court Practice and Procedure, 12/31/2013
Book Motions Court Practice and Procedure 2nd Edition LexisNexis Canada
Book Motions Court Practice and Procedure LexisNexis Canada

Speaking Engagements

  • Navigating the Frontier: Key Trends in Technology Law and Litigation, 5/2/2025
  • Electronic Trials and Arbitrations, 4/9/2018
  • Contract Law Update: A Quick Review of Recent Appellate Court Decisions, 6/16/2017
Speaker Navigating the Frontier: Key Trends in Technology Law and Litigation CAN-TECH 2025 Spring Conference location location Toronto, ON
Contract Law Update: A Quick Review of Recent Appellate Court Decisions location location Toronto

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