Marvin J. Huberman

Marvin J. Huberman

Location:
Toronto, Ontario, Canada
Phone:
416-800-4374
Fax:
416-946-1961
Email:

Marvin J. Huberman is a senior litigation lawyer practising in Toronto. He is certified by the Law Society of Upper Canada as a specialist in civil litigation, and is a mediator, arbitrator, former administrative law judge, and adjunct law professor at Osgoode Hall Law School.

For over 30 years, Mr. Huberman has served as independent and general counsel for a variety of individuals, businesses, financial institutions, governments and other organizations. Marvin has expertise in corporate-commercial litigation and administrative and public law, including cases involving contracts, labour, drug and alcohol testing, corporate governance and shareholder remedies, securities, tax, insurance, cross-border litigation, directors and officers fiduciary duties, torts, transportation law, professional liability and ethics, and constitutional/human rights before all levels of trial and appellate courts and numerous administrative tribunals.

Marvin holds a Master of Laws Degree in Alternative Dispute Resolution from Osgoode Hall Law School where he taught legal ethics and trial advocacy, and served as a negotiation and mediation coach. He has also served as a civil litigation and advocacy Instructor at the Law Society of Upper Canada, Bar Admission Course.

He is a past Chair of the National and Ontario Civil Litigation Sections of the Canadian Bar Association, and a recipient of a Dedicated Professional Service Award from that organization. Mr. Huberman was appointed by the Chief Justice as a member of the Civil Rules Committee (Comité des règles en matière civile), pursuant to the Courts of Justice Act (Ont.).

Mr. Huberman has authored/co-authored six books and numerous published articles, including Carswell's texts entitled "Civil Actions", "Appellate Advocacy", and "Pre-Trial Conferences", and "Advocacy, War, and the Art of Strategy", published by the Law Society of Upper Canada.

Marvin is a tenacious, effective litigator, mediator, and arbitrator with demonstrated integrity, professional judgment, and a trail of success.

Mr. Huberman is a founding member of the Chief Justice of Ontario's Advisory Committee on Professionalism (2001), and was appointed to the Competition Law and Policy Task Force of the Canadian Chamber of Commerce. He served as Chair of the ADR Institute of Ontario Inc.'s Intellectual Property and Technology Section, and was a director of that organization.

He served as the Chair of the Governance Committee of the British Canadian Chamber of Trade and Commerce.

Marvin has been recognized by the ADR Institute of Canada by being accredited with the designation Chartered Arbitrator (C. Arb) indicating his degree of skill and experience as a professional in the field.

Marvin wrote several Arbitration Decisions that were Honourably Mentioned and Rated in the Top 10 Insurance/Accident Benefits cases in 2014 and 2015.

Areas of Practice

  • Commercial Litigation

Litigation Percentage

  • 90% of Practice Devoted to Litigation

Certified Legal Specialties

  • Civil Litigation

Bar Admissions

  • Ontario, 1988
  • British Columbia, 1983

Education

  • York University, Osgoode Hall Law School, North York, Ontario, Canada
    • LL.M. - 1997
    • Major: Alternative Dispute Resolution
  • University of British Columbia, Faculty of Law, Vancouver, British Columbia, Canada
    • LL.B. - 1982

Published Works

  • Why you should be a generalist and specialist - Law Times, March 21, 2016, p.8
  • Legal Link: Honesty is the only policy - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, June 2015, p.36
  • Legal Link: Emerging technologies change everything - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, March/April 2015, p.36
  • Legal Link: When directors go to jail - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, January/February 2015, p.36
  • Legal Link: Perform contracts honestly - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, November/December 2014, p.52
  • Legal Link: Defences to defamatio - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, September/October 2014, p.42-43
  • Behind The Curtain - Imposing personal liability on.... - PurchasingB2B.ca, , May 2014, p.38
  • Legal Link: You can′t say what you think - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, May/June 2014, p.33
  • Communicate Clearly - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, March/April 2014, p.30
  • Good faith in procurement contracts - Purchasing B2B, Supply Chain Management News & Trends for Buyers, February 2014, p.46
  • I was only following orders - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, January/February 2014, p.33
  • Divulging Secrets and Other Breaches of Confidence - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, November/December 2013
  • Robust distribution agreements - Practical Strategies for negotiating and drafting key contracts - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, September/October 2013, p.27
  • Storage Liens [Part Two] - A primer on what they are and how they function - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, July/August 2013, p.26
  • Count us out - When exculpatory clauses work, and when they don't - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, July/August 2013, p.30
  • Storage Liens [Part One] - A primer on what they are and how they function - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, May/June 2013, p.28
  • What is a bailment - Bailment relationship defines obligations and standards of care - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, March/April 2013, p.33
  • A match made in heaven - Purchasing B2B, Supply Chain Management News & Trends for Buyers, January/February 2013, p.37
  • Bills of lading - Powerful documents deserve careful attention - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, November/December 2012, p.38
  • Fraudulent actions - BC court gives transportation industry a wake-up call - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, October 2012, p.34
  • Settling on fairness - Courts intervene when parties abuse power - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, September 2012, p.34
  • When broken promises cause damage - Options when business deals become breached contracts - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, July/August 2012, p.34
  • Invasion of Privacy - Keeping personal records safe from prying eyes - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, May/June 2012, p.25
  • When to use cargo liens and how to best use them - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, March/April 2012, p.25
  • Understanding Legal Liabilities in Logistics - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, January/February 2012, p.32
  • When it′s time to sue - MM&D, Materials Management & Distribution, Canada′s Supply Chain Magazine, November/December 2011, p.26
  • To sue or not to sue - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, September/October 2011, p.30
  • To enforce or not to enforce - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, July/August 2011, p.36
  • You′re gonna work for who? - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, March/April 2011, p.29
  • Happy New Year 3PLs! - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, January/February 2011, p.36
  • Context is everything - Purchasing B2B, Supply Chain Management News & Trends for Buyers, October 2010, p.10
  • When a deal is not a deal - Purchasing B2B, Supply Chain Management News & Trends for Buyers, September 2010, p.14
  • Legal Link: Good deal gone bad - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, April/May 2010, p.28
  • Legal Link: How good is your forwarder - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, March 2010, p.29
  • Legal Link: Knowledge really is power - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, November/December 2009, p.30
  • Opinion: Intermodal liability - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, June 2009
  • Legal Link: Do your due diligence - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, March 2009, p.21
  • Legal Link: Clear as mud - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, November 2008, Volume 53, Number 9, p.35
  • Legal Link: Consignee liability - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, July/August 2008, Volume 53, Number 6, p.32
  • Legal Link: Who pays the freight - MM&D, Materials Management & Distribution, Canada's Supply Chain Magazine, May 2008, Volume 53, Number 4, p.26
  • Effective ADR in Information Technology Disputes - 8th Annual Canadian IT Law Association Conference, October 2004, Calgary, Alberta
  • Heaven or Hal? - Law, Technology and Online Dispute Resolution, Ontario Bar Association, ADR Section Newsletter, April 2003, Vol. 11, No. 4, pp.7-9
  • Integrity Testing For Lawyers: Is It Time?, (1997) 76 Canadian Bar Review 47
  • ADR In The United States Federal Administrative Justice System: The Administrative Conference of the United States, in Macaulay and Sprague, Practice Before Administrative Tribunals, (Carswell-Thomson Canada Limited), 1997, v. 1, s. 30.3, p. 30-8
  • New Developments in Drug and Alcohol Law, Law Society of Upper Canada, 1996
  • Pre-Trial Conferences and Alternative Dispute Resolution Techniques: Maximizing Settlement Potential, Law Society of Upper Canada, Department of Continuing Education, An ADR Primer, 1996, chapter F
  • The Advocate, A Squirrel, and Success, Law Society of Upper Canada, Gazette, v. XXVIII, Number 2, June 1994, p.134
  • Manners and the Law/Les Bonnes Manieres et le Droit, Canadian Bar Association, National, February 1994, V. 3, No. 1, p.8
  • Going Beyond The Law, Law Society of Upper Canada, Gazette, v. XXVII, Number 3/4, September 1993, p.199
  • Advocacy, War and the Art of Strategy, Law Society of Upper Canada, Gazette, v. XXVI, Number 2, June 1992, p.122
  • Calling The Loan: Strategies For The Banker, in Banking Litigation- Offensive Moves/Defensive Plays, The Canadian Institute, Toronto, March 1991
  • Anatomy of a Problem: Proving the Identity of Fingerprints in Limiting Situations, 1983, Law Society of British Columbia Advocate

Classes/Seminars

  • Adjunct Professor of Law, Osgoode Hall Law School of York University
  • Instructor at Intensive Trial Advocacy Course, Osgoode Hall Law School
  • Instructor at Law Society of Upper Canada, Civil Litigation and Advocacy, Bar Admission Course
  • Speaker at numerous conferences on current and evolving legal issues

Honours and Awards

  • Accredited by the ADR Institute of Canada with the designation Chartered Arbitrator (C. Arb)
  • Recipient of a Dedicated Professional Service Award from the Canadian Bar Association, Ont.
  • Awarded First Degree Black Belt in Tae Kwon Do

Professional Associations and Memberships

  • ADR Institute of Ontario, Inc., Board of Directors and Chair of the IP/Technology Section
  • ADR Chambers, Inc., Mediation/Arbitration panel member
  • B'nai Brith Canada: National legal counsel and member of National Administrative Board, and Financial Management Cabinet
  • Chief Justice of Ontario′s Advisory Committee on Professionalism, Founding Member
  • Canadian Bar Association, Former Chair, National and Ontario Civil Litigation Sections
  • Civil Rules Committee, Member
  • Competition Law and Policy Task Force of the Canadian Chamber of Commerce, Member
  • Appointed Member of the Ontario Hepatitis C Assistance Plan Review (Appeal) Committee
  • Appointed Member of the Private Court of Ontario
  • Appointed Member of ADR Chambers Inc. (Arbitrator and Mediator Panels)

Past Employment Positions

  • Teplitsky, Colson, Barristers, Senior Litigation Counsel, 2005 - 2007
  • Ogilvy Renault, LLP, Senior Counsel, Litigation Group, 2002 - 2005
  • Independent Senior Litigation Counsel, Major associations with Lafleur Brown LLP, and Bakerlaw, 1999 - 2001
  • Morris Rose Ledgett, Partner, 1988 - 1999
  • Huberman, Cristall & Hutchinson (Vancouver), Associate, Litigation Group, 1983 - 1988
  • Federal Department of Justice, Province of British Columbia, Articling Student, 1982