Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- University of Western Ontario (2007) LL.B. (Distinction)
- Richard Ivey School of Business, University of Western Ontario (2004) HBA (Distinction)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Matthew B. Lerner
"Matt has brought a new level of excellence to the profession. His legal expertise combined with business knowledge, personality and an absolute commitment to success separates him from his competition." — Client
Matthew’s litigation practice is focused on complex commercial litigation, including infrastructure and real estate disputes, and insolvency matters. He regularly acts for parties involved in shareholder or partnership disputes, commercial arbitration and in prosecuting or defending civil fraud claims.
Matthew has also acted on behalf of boards of directors and officers in the defence of large multi-jurisdiction class actions. He has been actively involved in a variety of insolvency proceedings, acting for the court-appointed officer or secured creditors.
Matthew also has significant expertise developed over many years in defending the interests of physicians involved in regulatory and malpractice matters.
Matthew has litigated at all levels of Court in Ontario and at many administrative tribunals. Matthew’s clients span a wide-range of industries; ranging from individual entrepreneurs to large real estate developers and public companies in the information and technology sector.
Since 2010, Matthew has been the Chair of the Lenczner Slaght Moot in Legal Ethics and Professionalism which is held annually for law students at Western Law.
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Counsel to successful obstetrician/gynecologist in the appeal of a motion striking the claims of minor triplets who made allegation so negligence for conduct arising pre-conception. A majority of the Court of Appeal agreed with the motion judge in favour of the defendant physician that no duty of care is owed to an as-yet conceived plaintiff.
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Bakaris v Southern Sun Pharma Inc et al
Counsel to the respondent corporation and director in a breach of contract application related to the acquisition of a license to grow and sell cannabis in Zimbabwe. Successfully stayed the matter in favour of arbitration.
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Counsel to Zurich in an action to rescind surety bonds worth nearly $300 million, and to recover over $68 million, due to collusion and misrepresentations in the bidding process for the St. Michael’s Hospital Redevelopment Project in Toronto.
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Bayer Inc v Onsight Pharmacy Group Inc, et al
Counsel to the defendant pharmacies in a dispute over alleged breaches of purchase and sale contracts for specialty pharmaceuticals.
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Oxford Learning Centres, Inc v Nash et al
Counsel to the defendant franchisee in proceedings concerning the disputed resale of a franchise.
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Confidential Commercial Arbitration
Counsel to the respondents in a partnership dispute concerning multiple high-value residential real-estate holdings in downtown Toronto.
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Spencer Properties Ltd v 1863315 Ontario Inc et al
Counsel to the successful defendants in resisting a summary judgment motion in an action for damages arising from the termination of a commercial lease.
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Icona Hospitality v 2748355 Canada Inc et al
Counsel to a major real estate development company on appeal in a dispute relating to a large residential development and the interpretation of a restrictive covenant agreement.
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GCT Canada Limited Partnership v Vancouver Fraser Port Authority and Attorney General of Canada
Counsel to Global Container Terminals in a judicial review of a decision of the Vancouver Fraser Port Authority refusing to consider Global Container Terminal’s proposed port expansion project.
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Counsel to Sears Holdings Corporation in connection with four Canadian class actions and related CCAA insolvency proceedings in Canada.
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The Advocates' Society
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Ontario Bar Association
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Toronto Lawyers Association
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Canadian Bar Association
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The Supreme Court of Canada today released its long-awaited decision in Orphan Well Association v Grant Thornton Ltd. The Court reversed a decision of the Alberta Court of Appeal that allowed the trustee of a bankrupt oil and gas company to sell its profitable wells and disclaim unprofitable ones, leaving the public to bear the end-of life liability associated with those wells.
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Don’t Believe What You’ve Heard: Provincial statutory trusts do survive bankruptcy
A five-judge panel of the Court of Appeal for Ontario has upset the long-standing conventional wisdom among bankruptcy and insolvency practitioners in Ontario about the fate of provincially-created statutory trusts in bankruptcy.
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When intention matters: assessing the enforceability of termination clauses
An invalid termination clause is a former employee’s golden ticket for employment litigation, increasing a notice period from the statutory minimum to what is reasonable at common law. The monetary difference can be substantial. Given the financial implications, there is a large and growing body of case law on when a termination clause will be deemed unenforceable.
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Resignation or Termination? New Guidance on Navigating Constructive Dismissals
In most cases, an employee who resigns voluntarily from employment is not legally entitled to damages. However, the line between resignation and constructive dismissal has become increasingly blurred and is a common issue of contention in employment litigation. In the recent case of Persaud v Telus Corporation, the Ontario Court of Appeal provides useful guidance regarding the effect of conduct in determining whether a resignation is actually a constructive dismissal.
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So Apparently Pleadings Do Matter…
Lawyers are reminded of the importance of exercising care when drafting pleadings. In the recent case Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Ontario Court of Appeal held that not even the particularly egregious conduct of the defendants warranted relaxation of the principle that a court’s jurisdiction to award damages is limited by the amount sought in the pleadings.
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Court's CCAA supervision trumps forum selection clause
An ongoing insolvency proceeding under the Companies' Creditors Arrangement Act can now be added to the short list of circumstances in which a court will decline to follow a forum selection clause in a commercial contract.
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The 2022 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
31 of our expert litigators are recognized by their peers as the foremost practitioners across 18 fields.
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Lenczner Slaght’s 21st Year at the Centre of the Lexpert Bull’s Eye
Lenczner Slaght continues to be recognized as the #1 firm in Toronto for Litigation and Commercial Litigation by the 2022 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.
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Lexpert Recognizes Lenczner Slaght’s Litigation Expertise
Following an in-depth peer review process, the 2021 Lexpert Special Edition: Canada's Leading Litigation Lawyers guide recognizes 19 Lenczner Slaght lawyers for their extensive courtroom experience and subject-matter expertise.
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Legal 500 Highlights Lenczner Slaght’s Litigation Dominance
Legal 500 recognizes Canada’s leading litigation firm as “a regular fixture in the country’s ground-breaking contentious cases”.
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Federal Judge Hears Arguments in Roberts Bank Battle
Business in Vancouver provides coverage of Peter Griffin, Matthew B. Lerner, and Chris Yung on their recent appearance before the Federal Court regarding Vancouver Fraser Port Authority and GCT Global Container Terminals Canada Ltd.
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Lenczner Slaght Litigators Ranked Among Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 37 of our expert litigators are recognized for their expertise across 25 practice areas.
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Lexpert Recognizes Lenczner Slaght’s Leading Health Sciences Expertise
The inaugural issue of Lexpert’s Special Edition on Canada's Leading Health Sciences Lawyers recognizes 11 Lenczner Slaght lawyers for their extensive industry experience. The rankings are also published in the June issue of the Globe & Mail’s Report on Business.
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Benchmark Canada Recognizes Lenczner Slaght as a “Powerhouse"
Canada’s leading litigation firm continues to be recognized with the top tier ranking of “Highly Recommended in Ontario” for its Dispute Resolution practice.
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The 2021 Lexpert Directory Recognizes 30 Lenczner Slaght Lawyers
An increasing number of our expert litigators are recognized by their peers as the foremost practitioners in their fields.
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In a recent Globe and Mail article, Matthew Lerner and Brian Kolenda are quoted regarding their involvement in litigation between Zurich Insurance and Bondfield and Toronto’s St. Michael’s Hospital.
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Emerging Issues in Directors' and Officers' Liability 2021
Matthew B. Lerner shared his expertise at the LSO's program Emerging Issues in Directors' and Officers' Liability 2021. Matthew discussed Internal Investigations and Professionalism Issues.
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Professionalism for In-house Lawyers
In Episode #8 of the LAWPOD podcast, Matthew B. Lerner interviews two seasoned in-house counsel on their roles, with a specific focus on ethics and professionalism.
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The Rise and Fall of Heenan Blaikie with Norm Bacal
In Episode #7 of the LAWPOD podcast, Matthew B. Lerner interviews Norman Bacal on the professionalism lessons learned from the rise and fall of his former firm, Heenan Blaikie.
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Fast Moving Train of Legal Technology
Matthew B. Lerner is a host of the LAWPOD podcast. In Episode #3, Matthew interviews Carla Swansburg and Noah Waisberg on how innovation in legal technology is quickly changing the way we practice law.
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COVID-19: Litigation Fallout - What Organizations Need to do to Mitigate Their Risk
Matthew B. Lerner spoke on Canadian Lawyer's webinar "COVID-19: Litigation Fallout - What Organizations Need to do to Mitigate Their Risk." His panel discussed the heightened risk of liabilities and the resulting litigation fallout for all organizations as businesses take stock on how best to mitigate the financial impact of the pandemic.
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Discoveries: An Update for Litigators
Matthew B. Lerner presented at the LSO program Discoveries: An Update for Litigators. He shared his expertise on the panel Getting to the Answer – Issues that arise in the discovery process.
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Alive and well: Construction Lien Act deemed trust after bankruptcy
Matthew Lerner and Scott Rollwagen co-authored the article Alive and well: Construction Lien Act deemed trust after bankruptcy in The Lawyer's Daily February 8, 2019 edition. They discuss the recent decision in Guarantee Company of North America v Royal Bank of Canada that has upset the long-standing conventional wisdom among bankruptcy and insolvency practitioners in Ontario about the fate of provincially-created statutory trusts in bankruptcy.
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Successful Advocacy in Insurance Mediations
Matthew B. Lerner spoke at OsgoodePD's program on the panel "Advocacy at the Mediation, Part 2 (After the Opening: Crucial Turning Points and Breaking Impasses)". He shared his expertise on finding creative solutions and approaches to commonly-encountered problems in mediations.
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Examinations for discovery - Advanced Skills Workshop
Matthew B. Lerner served as Faculty at the Osgoode Professional Development Intensive Trial Advocacy Workshop, Advanced Skills Series. -
Examinations for Discovery: Advanced Skills Workshop
Eli S. Lederman chaired a one day skills workshop on May 13, 2016 for Osgoode Professional Development. Matthew Lerner served as an instructor for the...
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Benchmark Canada (2018-2022)
Litigation Star – Arbitration, Bankruptcy, Commercial
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Benchmark Litigation (2017-2021)
Under 40 Hotlist
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Best Lawyers in Canada (2018-2022)
Construction Law, Corporate Commercial Litigation, Health Care Law, Medical Negligence
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Canadian Legal Lexpert® Directory (2018-2022)
Litigation - Corporate Commercial, Medical Negligence, Professional Liability, Insolvency & Restructuring (2021)
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Lexpert Rising Stars (2020)
Leading Lawyers Under 40
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Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021)
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Lexpert Special Edition: Canada's Leading Infrastructure Lawyers (2020-2021)
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2020-2021)
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Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (2021)
Corporate Commercial Litigation
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The Legal 500 Canada (2020-2022)
Restructuring and Insolvency (Recommended Lawyer), Labour and Employment (Recommended Lawyer) (2018, 2020)