Berkley Sells practises civil litigation 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 at both the trial and appellate level including litigation 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.
In 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, 2nd Edition, the foremost guide to civil litigation precedents in Ontario. He has also been a speaker and an author on a wide variety of litigation topics. Since 2002 he has been an annual guest lecturer for the Advanced Litigation Practice course at the Faculty of Law at University of Western Ontario. For many years he has given legal education lectures on topics such as 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.
- Member, The Advocates' Society (Intermediate Member since 1998 and Regular Member since 2003)
- 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