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Wendy J. Earle
Téléphone
416.367.6186
Télécopieur
416.361.2713
Courriel
wearle@blg.com
Carte virtuelle
Background
Wendy Earle is a Partner in the Toronto office of Borden Ladner Gervais LLP. Ms. Earle was called to the Ontario Bar in 1984.
Areas of Practice
- Wendy specializes in commercial litigation. She has focused on all manner of commercial disputes with specific emphasis on real estate, solicitor's negligence and franchise disputes. In addition, in the last 10 years, her practice has shifted toward an emphasis on ADR and arbitrations, specifically designing dispute resolution regimes for complex commercial relationships and advising on the drafting of ADR and arbitration clauses for commercial contracts and self regulating industry associations. She is the author of the text "Drafting Arbitration Clauses for Commercial Contracts" published by Carswell. In addition, she has been Borden Ladner's expert in Ontario on Aboriginal issues which have included acting both for the Crown (Ontario) and the aboriginal claimants in some of Ontario's more significant land claims (Temagami and Caledonia) and also acting for third parties impacted by aboriginal issues or rights in land. In the course of her career she has appeared before all levels of the Ontario Superior Courts as well as the Supreme Court of Canada.
Professional Experience
- Lead Counsel to Government of Ontario (Ontario Secretariat for Aboriginal Affairs and Ministry of Natural Resources) in the negotiations with the Haudenosaunee/Six Nations concerning the Haldimand Tract, including Caledonia – July – December 2006.
- Counsel to the Gold Bondholders' Protective Council Inc., opposing the approval of the reorganization of Canadian Pacific Ltd. in Re: Canadian Pacific Ltd . [1996] 30 O.R. (3d) 110 Ont. Ct. (Gen. Div.)
- Of Counsel in appeals by Bear Island Foundation et al. (Teme-Augama Anishnabai) before the Ontario Court of Appeal and the Supreme Court of Canada in Ontario v. Bear Island Foundation et al. , (1989) 68 O.R.(2d) 394 (C.A.); [1991] 2 S.C.R. 570 (S.C.C.), a land claim involving 4,000 square miles.
- Of Counsel for Maubach at the Application and before the Ontario Court of Appeal in Maubach v. Bank of Nova Scotia , (1987) 60 O.R. (2d) 189 (H.C.), (1987) 62 O.R. (2d) 220 (C.A.).
- Counsel for Kerr in District Court and in the Divisional Court in Borner v. Kerr (1988), 67 O.R. (2d) 182 (Dist. Ct.).
- Of Counsel for the American Home Assurance Company in the Application and Appeals before the Court of Appeal and the Supreme Court of Canada in Nichols v. American Home Assurance Company (1988) 63 O.R. (2d) 693 (H.C.); (1989) 68 O.R. (3d) 1 (C.A.); (1990) 72 O.R. (2d) 799 (S.C.C.)
Employment History
- April 1990 – present Partner, Borden Ladner Gervais LLP, specializing in commercial litigation with an emphasis on real estate, ADR and Arbitrations, solicitors' negligence, insurance, aboriginal rights in land and bills of exchange.
- April 1984 – April 1990 Associate, Borden Ladner Gervais LLP (formerly Borden & Elliot)
- June 1982 – May 1983 Student-at-Law, Borden Ladner Gervais LLP (formerly Borden & Elliot)
Professional and Community Activities
- Member – Class Proceedings Committee of the Law Foundation of Ontario, appointed jointly by the Attorney General of Ontario and the Law Foundation of Ontario – October 2006 to present.
- Member – Ethics Committee of LifeQuest – November 2006 to present.
- Board Delegate - Conflict Resolution Committee - Fred Victor Centre - 1999 to present.
- Roster Mediator - Ontario Mandatory Mediation Panel – August 2000 to 2003.
- Director - The Parkinson Society of Canada (Ontario), July 2000 to January 2003.
- President - The Parkinson Foundation of Canada (Central Ontario Region) 1999 to July 2000.
- Editor - (Can.) Lloyd's Law Reports: Professional Negligence - 1999 – 2002.
- Volunteer - Mediator at the ADR Centre (Ontario Court, General Division) - 1998.
- Board Delegate - Dispute Resolution Committee, Woodgreen Community Centre - 1997 to July 2000.
- Chair - Toronto Office ADR Practice Group - 1995 to 1999.
Articles and Publications
- Smith Estates v. Money Mart Co.: What You Need to Know About the Conflict Between Arbitration and Class Proceedings Statute in Ontario - published by International Law Office (March 5, 2009) Kluwers International and the Commercial Times Newsletter #499 (CCH).
- Prepared a checklist for international arbitration clauses for publication in a book of checklists sponsored by the ABA Construction Law Committee.
- Mediation and IT Disputes – Preserving the Relationship for the 8 th Annual Canadian IT Law Association Conference in Calgary, Alberta from October 21-22, 2004.
- Time Lines in Arbitration Provisions in Commercial Agreements for "Negotiating and Drafting Effective Arbitration Provisions in Commercial Agreements" presented by the Osgoode Hall Professional Development Program on October 7, 2004.
- Arbitrating the Value of Property: Approaches and Challenges , to be published in the Annual Litigation Review, 2004, edited by the Honourable Mr. Justice Todd Archibald and Kenneth Jull, Carswell Co., 2004.
- Commercial legal textbook: Drafting Arbitration and ADR Clauses for Commercial Contracts , Carswell Co., June 2001. (A loose leaf service with bi-annual supplements - published to date).
- Thinking about ADR: Strategies to Consider , a paper presented at the 8 th Annual Continuing Education Symposium on Intellectual Property Law, April 8-9, 2002, Ottawa.
- Title Insurance in Ontario: An Overview on November 29, 1999, prepared for Continuing Legal Education Seminar by Borden & Elliot for the Bank of America (Canada).
- The Costly and Complicated Litigation Process: A Primer for Non-Lawyers with Noel Peacock presented at the Estates Law for Mediators, Lawyers, Advisors, Charities and Financial Institutions Conference on June 8, 1999 by the Strategy Institute.
- Advising King Lear: Ethical and Professional Liability Issues for the Lawyer Advising on Intra-Family Transactions presented at the Professional Liability and Legal Ethics Invitational Conference on February 17, 1998 by the Federated Press.
- Fiduciary Duties and the Franchise Relationship published in November- December 1997 issue of Canadian Corporate Counsel.
- Fiduciary Duties and Franchise Law: Recent Developments and a View for the Future presented at a programme of the CBA(O) Civil Litigation Section entitled Donuts, Pizza and Gas: Do They Always Go Together?, Good Faith and Obligations to Deal Fairly in the Franchise Context - September 30, 1997.
- Vicarious Liability of Partners presented to the Examiners at the Lawyer's Professional Indemnity Company of Ontario - March 31, 1997.
- Time Limitation Clauses in Arbitration Agreements: The Arbitrator's Dilemma - Osgoode Hall Law School, Professional Development Programmes. Negotiating and Drafting Arbitration clauses in Commercial Agreements, January 16, 1997.
- Good Faith and Fair Dealing: An Examination of An Insurer's Implied Duties to its Insured included in materials provided by Borden & Elliot in a seminar "Running for Cover - A Seminar on Lawyers' Professional Indemnity Company Coverage Issues in the 1990s" presented by Borden & Elliot on June 6, 1996.
Pour l'instant, seule la version anglaise de ce curriculum vitae est disponible. Veuillez cliquer ici pour l'afficher
Background
Wendy Earle is a Partner in the Toronto office of Borden Ladner Gervais LLP. Ms. Earle was called to the Ontario Bar in 1984.
Areas of Practice
- Wendy specializes in commercial litigation. She has focused on all manner of commercial disputes with specific emphasis on real estate, solicitor's negligence and franchise disputes. In addition, in the last 10 years, her practice has shifted toward an emphasis on ADR and arbitrations, specifically designing dispute resolution regimes for complex commercial relationships and advising on the drafting of ADR and arbitration clauses for commercial contracts and self regulating industry associations. She is the author of the text "Drafting Arbitration Clauses for Commercial Contracts" published by Carswell. In addition, she has been Borden Ladner's expert in Ontario on Aboriginal issues which have included acting both for the Crown (Ontario) and the aboriginal claimants in some of Ontario's more significant land claims (Temagami and Caledonia) and also acting for third parties impacted by aboriginal issues or rights in land. In the course of her career she has appeared before all levels of the Ontario Superior Courts as well as the Supreme Court of Canada.
Professional Experience
- Lead Counsel to Government of Ontario (Ontario Secretariat for Aboriginal Affairs and Ministry of Natural Resources) in the negotiations with the Haudenosaunee/Six Nations concerning the Haldimand Tract, including Caledonia – July – December 2006.
- Counsel to the Gold Bondholders' Protective Council Inc., opposing the approval of the reorganization of Canadian Pacific Ltd. in Re: Canadian Pacific Ltd . [1996] 30 O.R. (3d) 110 Ont. Ct. (Gen. Div.)
- Of Counsel in appeals by Bear Island Foundation et al. (Teme-Augama Anishnabai) before the Ontario Court of Appeal and the Supreme Court of Canada in Ontario v. Bear Island Foundation et al. , (1989) 68 O.R.(2d) 394 (C.A.); [1991] 2 S.C.R. 570 (S.C.C.), a land claim involving 4,000 square miles.
- Of Counsel for Maubach at the Application and before the Ontario Court of Appeal in Maubach v. Bank of Nova Scotia , (1987) 60 O.R. (2d) 189 (H.C.), (1987) 62 O.R. (2d) 220 (C.A.).
- Counsel for Kerr in District Court and in the Divisional Court in Borner v. Kerr (1988), 67 O.R. (2d) 182 (Dist. Ct.).
- Of Counsel for the American Home Assurance Company in the Application and Appeals before the Court of Appeal and the Supreme Court of Canada in Nichols v. American Home Assurance Company (1988) 63 O.R. (2d) 693 (H.C.); (1989) 68 O.R. (3d) 1 (C.A.); (1990) 72 O.R. (2d) 799 (S.C.C.)
Employment History
- April 1990 – present Partner, Borden Ladner Gervais LLP, specializing in commercial litigation with an emphasis on real estate, ADR and Arbitrations, solicitors' negligence, insurance, aboriginal rights in land and bills of exchange.
- April 1984 – April 1990 Associate, Borden Ladner Gervais LLP (formerly Borden & Elliot)
- June 1982 – May 1983 Student-at-Law, Borden Ladner Gervais LLP (formerly Borden & Elliot)
Professional and Community Activities
- Member – Class Proceedings Committee of the Law Foundation of Ontario, appointed jointly by the Attorney General of Ontario and the Law Foundation of Ontario – October 2006 to present.
- Member – Ethics Committee of LifeQuest – November 2006 to present.
- Board Delegate - Conflict Resolution Committee - Fred Victor Centre - 1999 to present.
- Roster Mediator - Ontario Mandatory Mediation Panel – August 2000 to 2003.
- Director - The Parkinson Society of Canada (Ontario), July 2000 to January 2003.
- President - The Parkinson Foundation of Canada (Central Ontario Region) 1999 to July 2000.
- Editor - (Can.) Lloyd's Law Reports: Professional Negligence - 1999 – 2002.
- Volunteer - Mediator at the ADR Centre (Ontario Court, General Division) - 1998.
- Board Delegate - Dispute Resolution Committee, Woodgreen Community Centre - 1997 to July 2000.
- Chair - Toronto Office ADR Practice Group - 1995 to 1999.
Articles and Publications
- Smith Estates v. Money Mart Co.: What You Need to Know About the Conflict Between Arbitration and Class Proceedings Statute in Ontario - published by International Law Office (March 5, 2009) Kluwers International and the Commercial Times Newsletter #499 (CCH).
- Prepared a checklist for international arbitration clauses for publication in a book of checklists sponsored by the ABA Construction Law Committee.
- Mediation and IT Disputes – Preserving the Relationship for the 8 th Annual Canadian IT Law Association Conference in Calgary, Alberta from October 21-22, 2004.
- Time Lines in Arbitration Provisions in Commercial Agreements for "Negotiating and Drafting Effective Arbitration Provisions in Commercial Agreements" presented by the Osgoode Hall Professional Development Program on October 7, 2004.
- Arbitrating the Value of Property: Approaches and Challenges , to be published in the Annual Litigation Review, 2004, edited by the Honourable Mr. Justice Todd Archibald and Kenneth Jull, Carswell Co., 2004.
- Commercial legal textbook: Drafting Arbitration and ADR Clauses for Commercial Contracts , Carswell Co., June 2001. (A loose leaf service with bi-annual supplements - published to date).
- Thinking about ADR: Strategies to Consider , a paper presented at the 8 th Annual Continuing Education Symposium on Intellectual Property Law, April 8-9, 2002, Ottawa.
- Title Insurance in Ontario: An Overview on November 29, 1999, prepared for Continuing Legal Education Seminar by Borden & Elliot for the Bank of America (Canada).
- The Costly and Complicated Litigation Process: A Primer for Non-Lawyers with Noel Peacock presented at the Estates Law for Mediators, Lawyers, Advisors, Charities and Financial Institutions Conference on June 8, 1999 by the Strategy Institute.
- Advising King Lear: Ethical and Professional Liability Issues for the Lawyer Advising on Intra-Family Transactions presented at the Professional Liability and Legal Ethics Invitational Conference on February 17, 1998 by the Federated Press.
- Fiduciary Duties and the Franchise Relationship published in November- December 1997 issue of Canadian Corporate Counsel.
- Fiduciary Duties and Franchise Law: Recent Developments and a View for the Future presented at a programme of the CBA(O) Civil Litigation Section entitled Donuts, Pizza and Gas: Do They Always Go Together?, Good Faith and Obligations to Deal Fairly in the Franchise Context - September 30, 1997.
- Vicarious Liability of Partners presented to the Examiners at the Lawyer's Professional Indemnity Company of Ontario - March 31, 1997.
- Time Limitation Clauses in Arbitration Agreements: The Arbitrator's Dilemma - Osgoode Hall Law School, Professional Development Programmes. Negotiating and Drafting Arbitration clauses in Commercial Agreements, January 16, 1997.
- Good Faith and Fair Dealing: An Examination of An Insurer's Implied Duties to its Insured included in materials provided by Borden & Elliot in a seminar "Running for Cover - A Seminar on Lawyers' Professional Indemnity Company Coverage Issues in the 1990s" presented by Borden & Elliot on June 6, 1996.
LIENS AUX DOMAINES DE PRATIQUE DONT FAIT PARTIE WENDY J. EARLE
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