Klappentext

In the Courts: A Counsel’s Memoir depicts the distinguished life and career of Earl A. Cherniak, K.C., one of Canada’s leading advocates, spanning more than six decades – from 1960 to 2026.

Cherniak has been formative to the development of advocacy in Canada’s court systems and is a renowned expert in commercial arbitration and dispute resolution. In this memoir, he reflects on his lifelong association with the firm Lerners, offering a rare glimpse into the life of an advocate in Canadian courts and tribunals. He traces his early years in practice, including clerking for Chief Justice McRuer and appearing in his first Supreme Court of Canada appeals, and explores the transformation of Canadian personal injury and fatal accident damage law, including the landmark Teno v. Arnold trilogy. He also reflects on complex trials, expert evidence, class actions, arbitrations, and high-profile cases, such as International Corona v. Lac Minerals, Horton v. Joyce, Groia v. The Law Society, the Morand, Krever, Patti Starr, and Walkerton public inquiries, and more. Cherniak highlights the lessons learned throughout his long and storied career while meditating on the changing profession.

Offering hard-earned wisdom and insight from decades of service in the field, In the Courts will interest lawyers, students, historians, and anyone curious about the past, present, and future of Canadian advocacy.

Inhalt

Forewords
Paul Schabas and Jim Phillips

Part One: Early Years

1. Lawyering Then and Now
2. Clerking for Chief Justice McRuer
3. Lerners
4. Launching My Career
5. Early Supreme Court of Canada Appeals

Part Two: Personal Injury and Medical Negligence Trials
6. Personal Injury and Fatal Accident Damages in Ontario before the Trilogy
7. Teno v. Arnold: The Trilogy and Its Progeny
8. Medical Negligence Litigation

Part Three: A Wide-Ranging Practice
9. Trials and Expert Evidence
10. Lister v. Dayton Tire and the Aftermath
11. EllisDon
12. The Hockey Cases

Part Four: The Appeal Courts
13. Appeals to the Courts of Appeal
14. Later Appeals to the Supreme Court of Canada

Part Five: Class Actions, Inquiries, Arbitrations, Legal Societies, and More
15. Class Actions
16. Commissions of Inquiry
17. Arbitrations and Relations with the Press
18. Legal Societies
19. Reflections

Notes
Acknowledgments
Index