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Wendy
Berman

Partner

Toronto

Contact by email at [email protected]

t. 416-601-8266

737651

Law School

University of Toronto

Bar Admission

Ontario, 1992
British Columbia, 2015

Wendy Berman is a partner in McCarthy Tétrault’s litigation group in the Toronto office where she leads the securities litigation practice. She is one of Canada’s foremost securities litigators with extensive experience in complex commercial and securities-related litigation, often involving parallel and cross border regulatory, criminal and class actions proceedings. She has exceptional expertise in shareholders’ remedies, litigation aspects of proxy contests, take-over bids and other acquisitions, and corporate governance.

With a legal career spanning 30+ years, Wendy has acted for public companies and their directors and officers in some of Canada’s largest and most significant investigations and proceedings relating to allegations of corporate misconduct, disclosure violations, fraud and insider trading. She advises clients on managing and responding to corporate crisis situations.

From June 2020 to December 2021, she served as Vice-Chair of the Ontario Securities Commission. During her tenure, she was a member of the Commission, its board of directors, adjudicative committee and executive team. Wendy chaired or participated as a member of tribunal panels that decided securities enforcement and transaction-related proceedings and appeals of decisions of self-regulatory organizations. She was also executive sponsor for a number of important securities policy and rule-making initiatives, including mandatory climate-related disclosure and broader diversity. 

" [I]nsightful and creative, [Wendy] understands our company and our needs and strategically plots how best to advocate on our behalf. "
Client Testimony, Chambers Global

A highly sought-after strategist, Wendy is known for her keen insights and ability to get to the crux of an issue – a reputation that has earned her the respect of clients and colleagues alike.

Wendy’s is recognized by many notable legal authorities, including Chambers Canada, the Canadian Legal Lexpert Directory, and Best Lawyers in Canada. She is the recipient of the Lexpert Zenith Award honouring leading women lawyers, the Canadian recipient of the International Law Office Client Choice Award for exceptional legal work and client service in litigation, and is recognized by Benchmark Litigation as a “Litigation Star” in the Securities category, and one of the “Top 25 Canadian Women in Litigation.”

A member of the Bars of Ontario and British Columbia, Wendy is also a Fellow of the Litigation Counsel of America, a member of the Canadian Bar Association, The Advocates’ Society and the Women’s Law Association of Ontario. Wendy is a former member of Board of Directors of the Advocates’ Society, the Securities Proceedings Advisory Committee and the Executive Committee of the Women in White Collar Defense Association.

She is co-author of the Canada chapter of The International Investigations Review (5th Edition), published by Law Business Research Ltd.

Prior to joining McCarthy Tétrault Wendy represented:

  • A financial institution in a $1 billion class action involving allegations of price fixing relating to financial market instruments.
  • A founding shareholder in successfully contesting a multi-billion-dollar acquisition transaction of an oil and gas development company.
  • A resource company in litigation and regulatory aspects of a contested proxy contest for control of the board of directors.
  • A senior officer of a resource company in a securities regulatory investigation involving disclosure violations and allegations of foreign corrupt practices and related class action.
  • A cannabis company in a securities class action alleging misleading and inaccurate financial and operational disclosure.
  • A US mining company in litigation and regulatory aspects of its hostile takeover bid for a Canadian exploration company.
  • A resource company in a securities class action and regulatory investigation alleging failure to make timely disclosure related to its mining operations and production guidance.
  • A financial services company in a securities class action and regulatory investigation (with parallel US class action) alleging various financial and other disclosure violations.
  • A gold mining company in a securities class action (with parallel US class action) alleging misleading and inaccurate financial and operation disclosure.

Wendy has achieved the following awards:

  • Best Lawyers in Canada (Securities Litigation, Class Action Litigation, Director and Officer Liability)
  • Benchmark Litigation (Litigation Star: Securities, Top 50 Women in Canada)
  • Canadian Legal Lexpert Directory (Litigation – Securities, Litigation – Corporate Commercial, Class Actions)
  • Chambers Canada (Class Action (Defence), Securities Litigation (Ontario), formerly Recognized Practitioner – White Collar Crime)
  • International Law Office (ILO), Client Choice Award (2010 and 2011)
  • Legal 500 Canada (Dispute Resolution)
  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Securities Litigation, Corporate Commercial Litigation)
  • Lexpert Guide to the Leading US/Canada Cross-Border Lawyers in Canada
  • Lexpert Special Edition, Litigation
  • Lexpert, Zenith Award (Leading Women Lawyers) (2013)
  • Martindale Hubbell, Distinguished™ Rating