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 Lerner] is an exceptional advocate. His legal expertise, combined with his business, strategic and practical advice, forthright communication style and absolute commitment to success, separates him from his competition." — Chambers Canada
Matthew’s litigation practice is focused on complex commercial litigation, including infrastructure and real estate disputes, and insolvency matters. He is frequently retained by parties involved in complicated shareholder or partnership disputes, commercial arbitrations and in prosecuting or defending civil fraud claims.
Matthew has also acted on behalf of directors and officers in the defence of large multi-jurisdiction proceedings. 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.
Matt is also a member of the firm's Management Committee.
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Cameron Stephens Mortgage Capital Ltd v 3803DSW TAS LP et al
Counsel to the lender on an application to appoint a receiver and enforce a guarantee with respect to a defaulted loan concerning a vacant development property in Toronto. A receiver was appointed, and judgment was obtained against the borrower in the amount $17,505,744.44.
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Topper Linen v Intact Insurance
Counsel to a commercial textile rental company in a coverage dispute with its insurer regarding a fire loss.
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Liberty Market Building Inc v WeWork Canada LP ULC et al
Counsel to a Canadian commercial landlord in an action for breach of contract arising from the default by WeWork on certain commercial lease agreements and in respect of concurrent bankruptcy proceedings in the United States and Canada.
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Mel Pearl Construction Limited et al v Cubert Inc
Counsel to a commercial landlord in an action for breach of contract arising from the default of a commercial lease agreement. Successful in obtaining a $2 million default judgment.
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Counsel to the successful Defendant Physician in a trial for alleged negligence in respect of cancer treatments.
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Wyse Meter Solutions Inc v Carma Corp
Counsel to the responding parties in successfully obtaining the dismissal of a motion brought by an employer seeking an interlocutory injunction to prevent a former employee from continuing to work for their competitor.
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Counsel to the defendant emergency physician in an action relating to the transfer of the plaintiff from a community hospital to a tertiary centre.
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Urban Mechanical Contracting Ltd et al v Zurich Insurance Company Ltd
Counsel to Zurich in an appeal from several applications brought by the lenders and subcontractors on the St. Michael’s Hospital Redevelopment Project in Toronto. The lenders and subcontractors sought to prevent Zurich from seeking rescission of surety bonds worth nearly $300 million in a separate action. The Court of Appeal dismissed the appeal, allowing Zurich to continue with its action for rescission.
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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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Famous Bakers Inc v Liberty Market Building Inc
Counsel to the commercial landlord in an action arising from the seizure of restaurant equipment following the default of a commercial lease agreement. Successful in having multiple identical actions dismissed as an abuse of process.
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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 (Corporate) Mind Is Its Own Place
As important as corporations are to modern commerce, Courts have long struggled with how to make these fictional persons responsible for their actions when allegations against them require the Court to assess their state of mind. The problem is as old as the modern corporation, and can cause exasperation when corporations fail, leading Lord Chancellor Thurlow in the 18th century to remark that a corporation, being a fiction, “has neither a body to kick, nor soul to be damned.”
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Representative Counsel Not Needed for The Body Shop Employees
In March 2024, The Body Shop Canada (“TBS Canada”) filed a Notice of Intention to make a Proposal under the Bankruptcy and Insolvency Act after its UK parent company completed a cash sweep of TBS Canada. The cash sweep instantly eliminated TBS Canada’s liquidity, forcing it to suspend online orders and close 33 retail stores.
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Mere Share Ownership Not Enough to Justify Enforcement of Non-Compete Against an Employee
In the recent decision of Wyse Meter Solutions Inc v CARMA Corp, Justice Audrey P. Ramsay rejected an attempt by a former employer to obtain injunctive relief enforcing a non-competition clause against an employee who had been required, as a condition of employment, to purchase shares in the employer.
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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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2025 Lexpert Directory Highlights Lenczner Slaght’s Excellence in Advocacy
Peers and senior members of the legal profession across the country continue to recognize the depth and breadth of Canada’s leading litigation firm in the latest 2025 Canadian Legal Lexpert Directory.
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Lenczner Slaght Lawyers Recognized as Canada’s Leading Litigators
Following an in-depth peer review process across the legal profession, 21 Lenczner Slaght lawyers have been recognized in the 2024 Lexpert Special Edition: Canada’s Leading Litigation Lawyers guide for their extensive courtroom experience and subject-matter expertise.
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Lenczner Slaght Recognized as a Leading Litigation Firm in Legal 500 Canada
Canada’s leading litigation firm has reaffirmed its Tier 1 ranking in Dispute Resolution in Legal 500 Canada.
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Chambers Canada Recognizes Lenczner Slaght’s Deep Bench of Expert Litigators
Canada’s leading litigation firm continues to advance their position in the latest edition of the world-renowned directory.
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Lenczner Slaght Litigators Recognized as the Best Lawyers in Canada
In the 2025 edition of Best Lawyers in Canada, Lenczner Slaght is proud to receive 168 total rankings, with 45 of our expert litigators recognized for their expertise across 25 practice areas.
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The 2024 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
Lenczner Slaght’s litigators continue to be recognized by their peers as the foremost practitioners in their fields.
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Lenczner Slaght Remains at the Centre of the Lexpert Bull’s Eye
The 2024 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada recognizes Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation for the 23rd consecutive year.
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Lexpert Recognizes Lenczner Slaght’s Litigation Strength
An increasing number of our expert litigators continue to be recognized as the foremost lawyers in their fields by peers and senior members of the legal profession.
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Lenczner Slaght Stands Out as a Top-Tier Litigation Firm in Legal 500 Canada
Canada’s leading litigation firm is once again recognized as a “litigation powerhouse” according to Legal 500 Canada.
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Chambers Canada Recognizes Lenczner Slaght as a Top-Tier Litigation Firm
Canada’s leading litigation firm and its expert litigators continue to be recognized by world-renowned directory, Chambers & Partners.
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Matthew B. Lerner was invited to share his expertise at The Advocates' Society's program titled Mediation Strategies. Matt shared his top tips on how to effectively prepare for mediation and assess legal risks.
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2024 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2024 Snapshot, which highlights the most significant developments, decisions, and trends in litigation from the past year across 20 areas of expertise. Reflect on 2024 and look ahead to 2025 through the lens of our expert litigators.
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2023 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2023 Snapshot, a look at the most significant developments, decisions, business takeaways, and trends in litigation from the last year, across 15 practice areas. Revisit 2023 and look ahead to 2024 through the lens of our expert litigators.
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Lenczner Slaght Advocacy Competition in Legal Ethics and Professionalism 2023
We were proud to continue our sponsorship of Western Law’s Annual Legal Ethics and Professionalism Moot! Matthew B. Lerner, Sean Lewis, Sean Blakeley, Jim Lepore, and Allison Jandura participated as judges.
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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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Chambers Canada (2024-2025)
Litigation: General Commercial (Ontario)
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Canadian Legal Lexpert® Directory (2018-2025)
Construction Law, Litigation - Corporate Commercial, Litigation - Directors' & Officers' Liability, Medical Negligence, Professional Liability, Insolvency Litigation (2023)
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Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (2021-2024)
Corporate Commercial Litigation
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2020-2024)
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Lexpert Special Edition: Canada's Leading Infrastructure Lawyers (2020-2025)
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Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021)
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Lexpert Rising Stars (2020)
Leading Lawyers Under 40
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The Legal 500 Canada (2020-2025)
Dispute Resolution (Leading Partner), Insolvency and Restructuring (Recommended Lawyer), Labour and Employment (Recommended Lawyer) (2018, 2020)
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Best Lawyers in Canada (2018-2025)
Construction Law, Corporate Commercial Litigation, Health Care Law, Labour & Employment Law, Medical Negligence, Real Estate Law
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Benchmark Canada (2018-2024)
Litigation Star – Arbitration, Bankruptcy, Commercial
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