Berkley Sells has practiced civil litigation and arbitration at Fasken for more than 27 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.
Berkley has extensive experience appearing as counsel in arbitrations and in court proceedings, at both the trial and appellate level, including in 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 acted as counsel in 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 qualified arbitrator and certified by the ADR Institute of Canada with the designation Q.Arb.
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.
