Berger Law Firm and Law Offices of Ken J. Berger, Esq., MD, LL.B.

  • Phone:416-356-9919
  • Fax:416-922-7902
  • Email Us
123 Edward Street, Suite 502, Toronto, Ontario, Canada M5G 1E2  (By Appointment ONLY)  Mailing Address:  360A Bloor Street West  POB 19024 Walmer RPO Toronto M5S 1XO Toronto, Ontario, Canada View Map

Reported Cases

   

  Before Court or some matters pending:  

  • Obtained early release of client, detained under s.35 Health Protection and Promotion Act, public health quarantine, motions of multiple opposing parties dismissed, Medical Officer of Health, hospital,  and Attorney General, Constitutional Branch.  Superior Court Judge converted Application into an Action, to challenge validity of statute and the implementation of the statute under the Charter of Rights and Freedoms   2011 ONSC 5774 (CanLII).   
  • Retained by Physician, Application for Re-instatement, after having license previously revoked by College of Physicians and Surgeons.
  • Application Advanced Funding Order public interest litigation.
  • Constitutional Application - Superior Court of Justice- Right to shelter and challenge of legislation.
  • Application for Prerogative Remedy in nature of certiorari, madamus and prohibition to quash crown discretion or lower court Provincial Judge  decision, which is offensive to the principles of natural justice, are jurisdictional, and palpable infringements of the Charter, to commence a prosection after 7 months in the mental health diversion court in the circumstances.
  • Appeal decision of Health Professions Appeal and Review Board to Divisional Court.
  • Health Law related Litigation cases, some for substantial damages.
  • Constitutional Criminal Law Matter - legal advice. Issues involve unreasonable search and seizure, medical disability and unnecessary law enforcement action.
  • Wrongful dismissal and unlawful discrimination on the basis of pregnancy.
  • Representing client to prevent unnecessary eviction.
  • Representing client complaint related to oustanding debt veterinary clinic.
  • Representing client invasion of privacy/breach of fiduciary duty pharmacy.
  • Representing University student - allegation of academic dishonesty.
  • Retained to appeal denial of CPP disability.
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  • Representing other clients in general civil litigation, criminal, administrative and personal injury matters.

 

    

 Decided:  
  • Criminal Defense:  Represented health care client - assisted part of trial-leading to acquittal-not guilty on all charges- assisted client with developing strategies to deal with complex issues of criminal procedure, evidence and Solicitor-client privilege.
  • Successfully resolved Criminal law matter in New York State, criminal charges withdrawn.
  • Assisted Client matter before Ontario Review Board issues involved Jurisdictional issues allegations of infringement of the right to Counsel, bias medical expert and panel, erosion of natural justice and involved Prohibition Application, decision at hearing dissenting panel member supported client, majority of two other member reduced from a panel of five members, held otherwise.  Judge in Prohibition Application suggested issues be dealt with on appeal on a full record.
  • Assisted client appeal denial of disability benefits on grounds of Muscular Dystrophy.
  • Civil Litigation:  Represented Corporation breach of contract and outstanding debt.
  • GM --Represented client capacity to make decisions regarding property,  treatment decisions and involuntary status.   Resolved all issues in  client's favour.  Issues involved some medical-legal  complexity and procedural fairness issues.  Matter required multiple appearances.
  • Divisional Court - Administrative Law - case involved expulsion from University.   Assisted client with  Application for Judicial Review.
  • Representing health care professional client - Complaint to Regulated Health Professions-favourable resolution - no penalty or punishment imposed.

  • Product liability and Class action- provided legal advice to client regarding a prescription drug.

  • Retained by client- Professional sports representation contract.
  • Retained to provide Independent Legal Advice - matter before Ontario Human Rights Tribunal- issue related to discrimination- favourable resolution.
  • Retained by client-Entertainment/modeling agency contract.
  • Retained to provide Legal Advice - merits malicious prosecution against agency of Crown.
  • Successfully obtained Bail Review/Variation - Superior Court of Justice- client matter.
  • Re Estate of RW, Obtained order for client- estate trustee for purposes of health-law litigation.
  • AI, Resolved personal injury claim.   My lawyer was very effective at persuading the other party to resolve the claim and protecting my legal rights.  I was very happy with the compensation I received.    
  • Court of Appeal of Ontario- Constitutional Law and Habeas Corpus, Right to liberty-  appeals to both Divisional Court and Court of Appeal. 
     
  • RC (Re), 2010 CanLII 15629 (ON C.C.B.)  -- Consent and Capacity Hearing - Involuntary Admission.
  • RG  -- Secured bail for accused person aggravated assault without sureties.
  • CM  -- CCB Hearing - Persuaded client'ssymptoms a result of head injury not bipolar disorder.
  • RJ  -- Prevented eviction client allegations of criminal act.  "Mr. RJ is lucky to have a solicitor who gets right in there to get the job done."
  • NN  -- Represented Client vs. CPSO Ontario summons on relevancy of proposed testimony. 
  • PG -- Resolved charges of Careless driving, leaving the scene of accident and failing to report accident, negotiated beneficial insurance settlement.
  • M Corp.  Resolved insurance dispute between business Corp. and its insurer regarding outstanding unpaid accounts with its buyers.

Resolved and litigated various contractual and Commercial disputes.  Assisted with numerous cases in both general civil and criminal law trial matters.  Defended physicians, nurses and hospitals in medical malpractice actions, and doctors and other professionals in discipline, criminal or administrative proceedings.  Advanced appeals and personal injury claims and defended product liability claims. 

Areas of Practice

  • Administrative Law
  • Litigation
  • Health Law
  • Criminal Law
  • Sports Law
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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Berger Law Firm
and Law Offices of
Ken J. Berger, Esq., MD, LL.B.
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