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Reported Cases

Before Court or some matters pending:

  • Health Law related litigation cases, some for substantial damages.
  • Criminal Defense Assault Bodily Harm.
  • Representing Client Intentional Tort Sexual Assault resulting in HIV
  • Defending Client Defamation Action, issues of invasion of privacy and wrongful dismissal
  • Representing Clients Wrongful Dismissal and Independent Torts
  • Representing teenager with serious learning disability with oppressive prosecutions under Education act and CFSA including Constitutional matters
  • Application to challenge of Constitutionality of the HCCA
  • Representing Engineering Student and Medical Student
  • Representing Client General Negligence failure to provide necessities of life
  • Representing multiple clients in Administrative law matters: CPSO, other Regulated Health Professions and hospital privileges matters.
  • Litigating Contract Dispute, Superior Court of Justice.
  • Assisting client Person Injury matter
  • Court of Appeal for Ontario – Public interest and Constitutional litigation, involving provisions in the Building Code Act of Ontario.
  • Representing other clients in general civil litigation, criminal, administrative and personal injury actions.

Decided:

Criminal Defense – Selection of cases

  • SD Criminal Defense -Represented Health Care Professional – assisted trial leading to not guilty verdicts on all charges, complex issues criminal procedure, evidence and solicitor-client privilege.
  • RG Criminal Defense- Resolved serious allegations of aggravated assault – withdraw of all charges – peace bond after 3 years of vigorous defense involving multiple Applications, motions and appeals, including successful bail, bail review and habeas corpus obtaining client access to court to resolve charges.
    Crown Endorsement “You have gone over and above for Mr. RG – he is very lucky to have had a lawyer who is so invested in seeing his charges through to their conclusion and who has fought so vigorously on his behalf.”
  • GV Withdraw of all Charges Assault Police, Breach of Bail Conditions and Obstruct Justice.
  • DT Assault with Weapon and Assault Bodily Harm resolved no jail.
  • TR Assisted Client unreasonable search and seizure.
  • GM Successfully represent client third party records Application sexual assault.
  • GK Resolved criminal charges of assault in New York State completely withdrawn.

Civil Litigation and Administrative Law – Selection of cases

*Have Settled several actions for substantial damages including wrongful dismissal claims and other civil litigation.

  • OD Successfully obtained medical license for medical student at Character Hearing before 18 members of Council of College.
  • TH Successfully negotiated resolution allegations of academic dishonesty – able to salvage Engineering degree after 4th such allegation and help save his future.
  • DD Successfully obtained client’s release from quarantine, habeas corpus, Constitutional violations, motions of Crown, Medical Officer of Health and Hospital dismissed, Application converted to action.
  • DB Successfully settled matter – allegation of discrimination pregnancy, Human Rights Tribunal.
  • ED Successfully Defense of Day Nurseries Act Prosecution including unlawful search and violations of s.8 of Charter, helped client obtain license to run her Day Care and save her livelihood.
  • MG Federal Court Judicial Review denial of Survivor Benefit Entitlement.
  • TC Assisted client defend allegation of Discrimination HRTO Independent Legal Advice.
  • YC Retained by Registered Nurse breach of mediation contract.
  • LC Retained for issues of libel and for Expunction of record.
  • HZ Resolved Provincial Offences matters -careless driving, leaving scene of accident obtaining withdrawal of all charges and then obtained excellent settlement of motor vehicle insurance claim.
  • JG Obtained Re-instatement of client’s driver’s license at hearing.
  • KG Obtained Suppression of record Professional degree during University training program.
  • JG Brought Judicial Review of expulsion of student – allegations of sexual assault at University.
  • MY Judicially Review – Divisional Court, HPARB and CPSO decisions.
  • SH Settled breach of Fiduciary Duty and Privacy – Pharmacy – for damages.
  • TT Resolved Debt Veterinary Clinic.
  • VT Retained malicious prosecution crown mater related to CAS matter.
  • BS Personal Injury matter settled for substantial damages.
  • MCorp Assisted with various Corporate and Commercial litigation disputes.
  • NN Successfully challenged summons to appear CPSO.
  • BP Representation player agent professional soccer related contract.
  • RJ Prevented eviction of client. Endorsement by opposing party “Mr. RJ is lucky to have a solicitor such as yourself who gets right in there to get the job done and look for practical solutions.”
  • BP Representation client Reciprocal agreement New York State and Ontario driving suspension matter client original charged with DUI in New York and had disproportionate sanctions in Ontario.
  • PInc Legal Advice to Pharmaceutical client regulatory matters.
  • SS Legal Advice to employer on employment related matter.
  • NP Successfully resolved matter College of Message Therapy – no action taken.
  • JL Successfully obtained CPP benefits for Client at tribunal.
  • AI Settled Personal Injury for substantial damages. Endorsement by client “I am very satisfied with the settlement I received.”

Ken J. Berger has substantial expertise, experience and effectiveness in criminal defense, civil litigation and administrative law. He has litigated and defended multiple actions for clients in high stakes matters including medical malpractice, personal injury, product liability, contractual litigation, estate litigation, general civil litigation, administrative law matters and criminal defense, both as a plaintiff and while defending such matters. He brings invaluable experience and training, with experiences on all sides of disputes to advantage his clients.

He has been Client Rated in Martindale 5/5 for assisting a client with a litigation matter involving medical malpractice.

Client Rating In Medical Malpractice 5.0 out of 5.0 5.0 Communication Ability 5.0 Responsiveness 5.0 Quality of Service 5.0 Value for Money