About Berger Law Firm

Berger Law Firm is a Toronto advocacy practice led by someone who's trained in both medicine and law. Its principal, Ken J. Berger, MD, JD, is a physician as well as a lawyer, and the firm's commitment is that patients and health professionals get counsel who knows both the medical and the legal issues in their file. The firm works for businesses, professionals, healthcare providers and other lawyers, and it concentrates on legal problems that involve health, science or medicine, whether they come up in a civil, administrative or criminal setting.

Berger earned a JD at Osgoode Hall Law School and was admitted in Ontario and New York in 2008. Berger also holds the medical designations CCFP, CCFP (EM) and FCLM and a diploma in sports medicine, and has an appointment as an assistant professor in the University of Toronto's Faculty of Medicine. Before setting up this firm, Berger worked at two law firms in Canada and the United States whose practices covered civil litigation, administrative law and criminal defence. Berger has also given expert evidence in malpractice and other civil cases.

Berger has appeared in every Ontario court, the Court of Appeal included, as well as the Federal Courts, and has sought leave to the Supreme Court of Canada on one case. The firm represents clients in Ontario, in every reciprocal province except Quebec, and in New York. The firm will also step in alongside a lawyer you've already retained, giving independent legal advice or acting as co-counsel, for clients such as doctors and other professionals who are already represented.

Meetings happen at Suite 700, 480 University Avenue, and they're by appointment only; mail goes to a post office box at the Walmer RPO on Bloor Street West. Anyone who's been arrested can use the firm's toll-free line, 1-855-237-5LAW (5529), for help with bail, legal advice or charges that are still outstanding.

Practice areas

Health law for patients and professionals

Berger Law Firm takes health matters from both sides of the relationship, patients as well as medical professionals. For professionals that means College complaints and hearings before boards such as the Health Services Appeal and Review Board and the Health Professionals Appeal Board; for patients it includes medical malpractice and negligence claims. The firm can also act as arbitrator in a health dispute where that would serve the parties better than a court or hearing.

Colleges, tribunals and licences

Physicians, nurses, therapists, engineers, dentists and insurance brokers are among the professionals the firm has represented at College or state board hearings. Its regulatory work also reaches representation before hospitals and universities, child protection matters, public inquiries, and New York regulatory files involving doctors, nurses and allied health.

Civil disputes, plaintiff or defence

The firm will act for plaintiffs or defendants, with civil files that include estate litigation, intellectual property litigation and partnership or shareholder disputes. With business disputes, the firm's goal is to settle things through alternative dispute resolution, keeping the door open for the parties to work together later.

Our guide: Litigation and Dispute Resolution in Toronto

Criminal and regulatory defence

Berger Law Firm defends people facing criminal charges as well as regulatory offences. Preparation is hands-on: the firm interviews witnesses itself, goes through police records, visits the alleged scene when that's needed, and brings in specialist witnesses to challenge the prosecution's case and help plan for trial.

Sports and entertainment

Athletes and performers can use the firm as their agent for contract negotiations and for returning to sport or performance after an injury or illness. Its sports and entertainment services also cover endorsement agreements and post-career planning, and production companies are among its entertainment clients.

Good to know

A person using a wheelchairWheelchair accessible

How Berger Law Firm works

Strategy at Berger Law Firm is built case by case, with the lawyer and client working through the options together. Depending on what the client needs, that can mean advising and negotiating toward a settlement or pressing the case hard at a hearing, inquest, inquiry, tribunal, court or appeal. The firm's goal is to keep clients informed and involved in their matter as far as possible.

Milestones & recognition

  • In 2015 Ken J. Berger was admitted to the bar of the United States Supreme Court, and is also admitted to the federal district court for the Western District of New York.
  • Ken J. Berger wrote a book chapter, "Evidence-Based Forensic Medicine: A Canadian Perspective", published by Springer-Verlag Berlin Heidelberg in 2013.
  • Ken J. Berger has published legal articles in the international peer-reviewed journal Med Law, from 2003 to 2011.
  • Ken J. Berger was an invited speaker at the 19th World Congress on Medical Law in Brazil (2012), the 20th in Bali (2014), and the American College of Legal Medicine's 2015 annual meeting.

Affiliations & connections

Offices 2

480 University Avenue, Suite 700, Toronto, Ontario M5G 1V2 (by appointment only)

360A Bloor Street West, POB 19024, Walmer RPO, Toronto, Ontario M5S 1X0

The neighbourhood

University Avenue is an eight-lane street lined with some of Toronto's major institutions: Osgoode Hall and other legal institutions, teaching and research hospitals, and major office buildings. Between Queen Street West and College Street it becomes a boulevard, with memorials, statues, gardens and fountains set in a planted median. Its northern end is lined with hospitals, Toronto General, Mount Sinai, Princess Margaret and The Hospital for Sick Children among them, which is why locals and the media call that stretch "Hospital Row". The University line of the subway runs the length of the avenue.

Frequently asked questions

I'm a doctor and already have assigned counsel. Can Berger Law Firm still advise me independently?
Berger Law Firm gives independent legal advice to clients who already have a lawyer or appointed counsel, doctors and other healthcare providers included, and it can also join a file as co-counsel.
Does Berger Law Firm have a toll-free line for someone who's been arrested?
Berger Law Firm keeps a toll-free number, 1-855-237-5LAW (5529), for people who've been arrested. It's there for help with bail, legal advice, or charges still outstanding.
Can the firm help a physician facing an OHIP billing audit or a hospital privileges dispute?
Berger Law Firm's health law work includes OHIP billing audits as well as hospital complaints and privileges matters.
Will Berger Law Firm go to the Consent and Capacity Board over urgent end-of-life care?
Berger Law Firm represents clients at the Consent and Capacity Board and seeks injunctions, including in urgent end-of-life care matters.
Can I walk into Berger Law Firm's University Avenue office without booking?
Berger Law Firm sees clients at 480 University Avenue by appointment only, so a meeting has to be arranged first.

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