LogoutMr. Earl Cherniak
Earl Cherniak recounts his journey from a Jewish family in Windsor to becoming one of Ontario’s leading advocates. Born in 1935, Cherniak graduated from Osgoode Hall Law School in 1960 as gold medalist and clerked for Chief Justice McRuer before joining Lerner & Lerner in London, Ontario. His career was marked by groundbreaking litigation that shaped Canadian law, particularly in personal injury damages through his work on the “trilogy” cases that established new principles for calculating damages.
Cherniak discusses several landmark cases, including Kungl v. Schiefer (his first Supreme Court appearance challenging alienation of affections), the Teno v. Arnold ice cream truck case (part of the trilogy establishing separate assessment of future care costs), and major Royal Commission work including the Morand Inquiry into police brutality and his successful constitutional challenge that ended the Starr Inquiry. He faced discrimination as a young Jewish lawyer but persevered to become a leading advocate.
The interview extensively covers Cherniak’s leadership role in The Advocates’ Society, where he served as President from 1979-1980. He transformed the organization from a debt-ridden social club into an influential voice for advocates, establishing committees for law reform and government liaison. Cherniak received The Advocates’ Society Medal in 1996, recognizing his contributions to the legal profession and advocacy. His career exemplifies the evolution of Ontario’s legal profession from the 1960s through the 1990s.
This description was written by AI and may contain some inaccuracies.
References
The following are a selection of topics discussed in this oral history.
- Divisional Court
- Federal Court of Canada
- High Court of Ontario
- Ontario Court of Appeal
- Quebec Superior Court
- Supreme Court of Canada
- Assumption College
- Osgoode Hall Law School
- University of Michigan Law School
- University of Toronto Faculty of Law
- University of Western Ontario
- Canadian Medical Protective Association
- Department of Highways
- Law Society of Upper Canada
- Metropolitan Toronto Police
- Ontario Provincial Police
- Campbell House Acquisition
- Charter of Rights and Freedoms Adoption
- Legal Aid System Reform
- Morand Commission Police Brutality Inquiry
- Trilogy Cases 1978
- World War II
- Alberta
- British Columbia
- Canada
- Federal
- London Ontario
- Manitoba
- Ontario
- Quebec
- Toronto
- Windsor
- Bell Temple
- Borden & Elliot
- Lerner & Lerner
- McCarthy Tétrault
- Oslers
- Thomson Rogers
- Atkinson v. City of Toronto
- Dale v. Muntholi
- Fletcher v. Manitoba Public Insurance
- Kungl v. Schiefer
- Lac Minerals
- Re Starr and Houlden
- RJR MacDonald v. Attorney General of Canada
- Schacht v. Ontario
- Teno v. Arnold
- Tucker v. Latt
- Lawyer
- Civil Litigators
- Allen Linden
- Arthur Maloney
- Arthur Martin
- Austin Cooper
- Brendan O'Brien
- Charles Dubin
- Donald Morand
- Douglas Laidlaw
- Eddie Goodman
- Frank Iacobucci
- Horace Krever
- John Robinette
- John Sopinka
- Mickey Cohen
- Ronald St. John MacDonald
- Roy Kellock
- Roy McMurtry
- Walter Williston
- William Howland
- Canadian Bar Association
- Medical-Legal Society
- The Advocates' Society
- 1930s
- 1940s
- 1950s
- 1960s
- 1970s
- 1980s
- 1990s
- Administrative Law
- Charter Rights
- Constitutional Law
- Criminal Law
- Family Law
- Legal Aid
- Medical Negligence
- Personal Injury Law
- Professional Conduct
- Royal Commission Procedures
- Tort Law
Some of these references were generated by AI and may contain inaccuracies.
Archive Details
Files consist of oral history records documenting the life and career of Earl Cherniak (b. 1935), a Toronto-area lawyer. Interview topics include: Assumption College; University of Western Ontario; Osgoode Hall Law School; articlingl law clerk to C.J. McRuer, 1960; junior, Lerner & Lerner, London, 1961; select cases; Advocates' Society. Interviewer unknown. File includes five audio cassette recordings from a series of three interviews and a transcript (with index (187 p.).