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Berkley Sells Toronto Lawyer

Berkley D. Sells *

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


Berkley Sells practices civil litigation and arbitration.  In addition to corporate and commercial disputes, Berkley’s areas of expertise include all manners of “extraordinary relief”, such as injunctions, Anton Piller search orders, Norwich disclosure orders and Mareva asset freezing orders.

With extensive experience appearing as counsel in arbitrations and in court proceedings, at both the trial and appellate level, Berkley 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) as well as professional liability matters (ranging from negligence, negligent and fraudulent misrepresentations and breaches of fiduciary duties).  Berkley’s experience also includes interlocutory proceedings, internet litigation and matters involving employment relations, defamation, breach of confidence, contract interpretation and fraud.

In his arbitration practice, Berkley has assisted clients with disputes relating to construction, medical isotopes, mineral extraction, royalty agreements, accounting standards, food and both ad hoc and administered arbitrations and subsequent court 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 expertise has been recognized by, among others, Benchmark Canada and Lexpert.


  • Recognized in Ontario as a Litigation Star in Commercial, Benchmark Litigation Canada 2017 to 2023
  • 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 acts for the successful minority shareholder in a significant oppression remedy case,
  • Foresters Asset Management acquired by Fiera Capital,
  • Brigaitis v. IQT, Ltd. c.o.b. as IQT Solutions, et al 2016 ONSC 6746 (CanLII) per Perell J.,
  • Confidential Commercial Arbitration, 2010-2013,
  • CLE Leasing Enterprises Ltd. (re), [2012] O.J. No. 879; 2012 ONSC 1301 per Brown J.,
  • Forte Records v. Marshall et al., 2011 ONSC 2066,
  • Contractual arbitration in the exploration mining industry,
  • Bridgestone Canada Inc. v. John Doe, [2009] CV-09-370274 (Ont. S.C.J.) per Campbell J.,
  • Gold Reserve Inc. v. Rusoro Mining Ltd., [2009] CanLII 4855, O.J. No. 533,

Career & 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


Fasken Institute



Book Motions Court Practice and Procedure 2nd Edition LexisNexis Canada
Book Motions Court Practice and Procedure LexisNexis Canada

Speaking Engagements

Contract Law Update: A Quick Review of Recent Appellate Court Decisions location location Toronto
Internet and Social Media Evidence 16th Annual Spring Symposium, The Advocates' Society location location Toronto


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