Administrative and Public Law, Constitutional Law, Tribunals and Commissions

Administrative Law

Over 90% of the justice dispensed in Ontario is dispensed not by the court but by administrative tribunals. Ontario consists of hundreds of specialized tribunals whose decisions affect virtually everyone in the province at some point in the course of their lives, including adjudication of licensing, entitlement to benefits and the regulation and discipline of professionals. As this area of has grown, Lerners expertise and bench strength has grown with it.

Inquiries and Commissions

The Lerners name is widely recognized for its role in high-profile public tribunals and commissions. Our track record includes the Walkerton Water Inquiry and the (Krever) Commission of Inquiry on the Blood System in Canada. We regularly represent physicians and other professionals before Coroner's Inquests and our lawyers have further been honoured with the mantle of commission counsel in the past, including lead commission counsel for the Commission of Inquiry into Investigation of the Bombing of Air India Flight 182 and counsel to the Honourable Mr. Justice R. Haines in the Review of the Meat Regulation and Inspection in Ontario.

Professional Discipline

Ontario is home to dozens of highly regulated professions, many of which are governed by Colleges, societies and licensing boards. For many of our clients, a threat to their professional licence is a threat to their means of livelihood and to the heart of their reputation as a professional. Whether our clients face professional sanctions such as suspension, fines or even the threat of revocation of their licence or the governing societies require prosecutorial assistance, Lerners team is ready to respond. The process must be fair and, where necessary, the advocacy must be tenacious and fierce. Equally important, where problems can be solved in advance, prevention strategies can avoid the personal cost of a hearing. Many of our lawyers have experience with professional prosecution work and we bring this depth of experience to our approach.

Privacy Law

Though the core fundamentals remain the same, the evolution and speed of information technology has brought many new challenges to the law of privacy for both business and private individuals. Lerners represents clients before both the Information and Privacy Commissioner of Ontario as well as the Privacy Commissioner of Canada. If your business or professional practice needs representation, or your privacy rights need enforcement, let us bring our tradition of innovative advocacy and practical experience to bear.

Public and Constitutional Law

When business and private interest meet government regulation, challenges can quickly arise. Lerners acts at all levels of court in Crown proceedings, including the Supreme Court of Canada. Whether it is a contractual dispute or the navigation of a complex statutory regime, Lerners has the expertise to meet its clients' needs and expectations. Challenging and defending the validity of legislation or government action is a specialized area and one which we remain devoted to, be it municipal, provincial or federal. The Canadian Charter of Rights and Freedoms has irrevocably changed the way the state must interface with its citizens, and we are fearless innovators in advancing the ways in which the Charter is to be applied.

Judicial Review

Administrative tribunals do not necessarily have the last word. Where necessary, tribunal decisions may be appealed to the Divisional Court through a process known as Judicial Review. This specialized form of appeal benefits from specialized counsel and so Lerners has developed an experienced team to respond to this challenge. For years, Lerners has lived and breathed the mantra of the founder of our Toronto office, Earl Cherniak, “He who wins last wins.” Whether you have had a successful outcome and face a judicial review brought by another party or whether you are dissatisfied and wish to launch a review of your own, Lerners can analyze the existing record and build a strategy for the foundation for success.