Co-authored by two seasoned and respected litigators
The Conduct of Oral and Documentary Discovery
Written by one of Canada’s most well-respected "rising-star" litigators


  • BA (Hons), 1993
    Queen's University
  • LLB, with distinction, 1996
    University of Western Ontario

Year of Call/Admission

  • Ontario, 1998

Languages Spoken

  • English

Berkley D. Sells

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+1 416 865 5135
+1 416 364 7813 (fax)
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Berkley Sells practises civil litigation and arbitration with a focus on corporate/commercial disputes and internet litigation. He has recognized expertise with respect to matters involving ''extraordinary relief,'' in particular Anton Piller orders and Mareva and other injunctions. He has extensive experience acting as counsel in arbitrations and in court proceedings at both the trial and appellate level involving: corporate governance (oppression, directors' and officers' duties and liability, diversion of corporate opportunities, winding-up, hostile takeovers); professional liability (negligence, negligent and fraudulent misrepresentations, breaches of fiduciary duties); interlocutory proceedings (including complex motions for injunctions, contempt of court, interim relief from oppression, summary judgment and recovery and preservation of property); internet litigation (compelled production of user information from Internet Service Providers, proceedings against "John Doe" defendants, preservation of electronic evidence); and matters involving employment relations, defamation, breach of confidence, contract interpretation and fraud.

Berkley’s arbitration practice has included disputes relating to construction, medical isotopes, mineral extraction, royalty agreements, accounting standards, food and both ad hoc and administered arbitrations and subsequent court proceedings.

In 2017, 2016 and 2015 Berkley was named a Litigation Star (Ontario) by Benchmark, in its Guide to Canada's Leading Litigation Firms and Attorneys. He had previously been named as a "Future Star" in 2014 and 2013.

In 2010, Berkley was named a "Litigation Lawyer to Watch" in Lexpert's Guide to the Leading US-Canada Cross-Border Litigation Lawyers.

In 2009, Berkley was named a "Rising Star" by Lexpert. The award recognizes leading lawyers under the age of forty from law firms and in-house counsel across Canada.

In 2008, Berkley received the Centre for International Legal Studies' certificate of appreciation for his achievements in legal research and writing.

Berkley is the Editor-in-Chief of Williston and Rolls Court Forms, 3rd Edition, the foremost guide to civil litigation precedents in Ontario. He has also been a speaker and a published author of reference books and articles on a wide variety of arbitration and litigation topics including injunctions, electronic evidence, motions court practice and procedure, civil case management and the conduct of out of court examinations.

Berkley summered with the firm in 1995, articled with the firm in 1996-97, joined the litigation department as an associate in January 1998 and became a partner in 2003.

Honours and Awards

  • Benchmark Canada 2017 as "Litigation Star" in Commercial Litigation in Ontario


  • 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