Jason M. Berall

Partner

 berallj@bennettjones.com
Education
University of Western Ontario, BMOS (Finance and Administration), 2011
Queen's University, JD, 2014
Bar Admissions
Ontario, 2015
Overview

Jason’s litigation practice focuses on corporate and commercial disputes, bankruptcy and insolvency matters and securities litigation. He regularly acts in complex cases involving shareholder oppression, directors’ and officers’ liability, fraud, contractual disputes, misrepresentations and internal investigations. He has represented clients across diverse industries including mining and energy, real estate, fintech and cryptocurrency, automobiles, aircraft and pharmaceuticals.

Jason has appeared before all levels of court in Ontario, the Supreme Court of Canada and the Ontario Securities Commission. His courtroom work includes a high-profile trial arising from the infamous Sino-Forest fraud which resulted in a landmark USD 2.6 billion judgment. He is equally experienced in resolving disputes outside of the courtroom through confidential mediations and arbitrations. Many of his cases involve cross-border elements spanning the United States, Asia, Europe and South America.

Jason earns the trust of clients facing high-stakes disputes by taking the time to understand their priorities and tailoring his approach accordingly. Clients value his responsiveness, judgment and dedication to achieving results that align with their goals.

As pro bono work, Jason has volunteered his time as a supervising lawyer for the Osgoode Hall Law School’s Investor Protection Clinic and as a member of the Bennett Jones team working with Innocence Canada.

Select Experience
•  Sakab Saudi Holding Company. - Leading proceedings, including obtaining various extraordinary orders (Mareva injunctions and Norwich relief) on behalf of a group of Saudi entities against a former Saudi government minister alleged to have misappropriated, in conspiracy with members of his family and others, $5.36 Billion USD from the plaintiff companies through various offshore structures.   
•  NRStor Incorporated in a dispute over earn-out entitlements following NRStor’s acquisition of significant energy projects
•  Shareholders of a closely-held real estate development business in defending an oppression claim in which a minority shareholder was seeking a wind-up or buy-out of interests in a group of companies that the claimant alleged were worth over $700 million
•  Calfrac Well Services in its appearance before the Ontario Securities Commission in successfully resisting an application by Wilks Brothers, LLC to review a decision of the Toronto Stock Exchange that granted exemptive relief to Calfrac in relation to a significant recapitalization transaction.
•  Former directors of Sears Canada Inc., in defence of multiple actions arising from the Board's approval of a $509-million dividend in 2013 and Sears' ultimate insolvency filing in 2017.
•  The Joint Liquidators of China Medical Technologies, Inc., in successfully obtaining a Mareva injunction against a former officer as a result of his role in the alleged theft of US$520 million from the company.
•  Precision Castparts Corp., seeking to recover US$60 million as part of a post-closing dispute over the US$560-million purchase of an aerospace parts company and an undisclosed accounting fraud.
•  SFC Litigation Trust, in a successful 15 week trial against the former CEO of Sino-Forest Corporation, Allen Chan, resulting in a judgment in fraud and breach of fiduciary duty of US$2.6 billion.
•  Volkswagen AG and affiliates, in defence of class actions alleging a conspiracy in the price and design of car components.
•  Litigation Trustee of Sino-Forest Corporation, in the prosecution of litigation claims arising from the insolvency of Sino-Forest.
•  Volkswagen AG, in a securities class action commenced on behalf of Ontario purchasers of Volkswagen securities, in which the plaintiffs are seeking damages as a result of alleged misrepresentations in Volkswagen’s public disclosures pertaining to NO2 emissions.
•  The Catalyst Capital Group Inc., in its dissident proxy contest and hearing before the Ontario Securities Commission relating to the proposed $2.65 billion acquisition of Shaw Media Inc. by Corus Entertainment Inc.