Bernie
McGarva*
Partner
Certified Specialist (Construction Law), Law Society of Ontario
* Practising as a professional corporation
About
Bernie is an experienced litigator, mediator and arbitrator with an excellent track record of resolution. For more than 35 years in practice, Bernie has appeared before numerous professional tribunals and all levels of the court, including the Supreme Court of Canada. His specialized expertise in professional liability and construction law has earned him recognition as a leading lawyer in these fields. A skilled negotiator with a calm demeanour, clients trust in Bernie’s ability to resolve disputes efficiently and fairly.
Bernie is a member of the firm's Construction Group, Litigation & Dispute Resolution Group and Projects & Infrastructure Group. He practises commercial and construction litigation, with a focus on construction and infrastructure disputes, securities litigation, shareholders' rights disputes, and errors and omissions defence. Bernie’s portfolio of reported cases also includes extensive work in the area of tax appeals acting for commercial clients in disputes with federal and provincial taxing authorities. His professional liability practice includes advising architects, engineers, doctors, dentists, social workers and lawyers on insured negligence claims and discipline-related matters.
For more than a decade, Bernie has also been offering mediation and arbitration services. He has mediated or arbitrated over 600 cases in areas including construction, insurance, errors and omissions, commercial and real estate contracts, shareholder disputes, franchises and estates. To book a mediation or arbitration date, please contact Kristy Fiddes (kfiddes@airdberlis.com or 416.863.1500 ext. 3132).
Professional Involvement
Co-Presenter, "Anatomy of a Murder Clause," Ontario Association of Architects Annual Conference, May 22, 2019.
Lecturer, "Going Green: A Cautionary Tale," Ontario Association of Architects, 2007.
Lecturer, "Accountants' Liability," Ontario Association of Architects Annual Convention, 2002.
Lecturer, "Takeover Procedures for Architects," Ontario Association of Architects, 1998.
Lecturer, "Design Professionals and the Law of Copyright," Ontario Association of Architects, 1998.
Lecturer, "The Role of the Professional in Product Liability Cases," Insight Conference, 1996.
Chair, Canadian Institute's Product Liability Conference, 1996.
"BCE Decided by Supreme Court of Canada - A Debt Really is Just a Debt," Aird & Berlis LLP BCE Decision Newsletter, June 2008.
"The Gateway to Canada: Aird & Berlis' International Practice Group," CorporateUK, June 2007.
"Dumoulin v. Ontario," Construction Law Letter, July 2006.
"Rights and Liabilities of Construction and Design Professionals," Construction SuperConference, 2000.
"Liability of Design Consultants," Construction SuperConference, 1999.
"The Role of the Professional in Product Liability Cases," Insight Conference, 1996.
"Legal Risk Management for Architects and Engineers," Meredith Memorial Lectures, 1983-84.