Kenneth Rosenberg

• Bankruptcy and Insolvency Litigation

• Class Actions

• Commercial Litigation

• Energy Law

• Mediation and Arbitration

• Pension Litigation

• Public and Administrative Law

Ken Rosenberg is widely respected for his strategic approach to problem-solving in business and financial disputes, including commercial litigation, insolvency litigation, class actions, administrative law/regulated industries, cross-border disputes, and mediation. Ken has acted as mediator in more than 100 cases and has also acted as an arbitrator. He has appeared at all levels of court in Canada and has appeared in U.S. courts. Prominent litigation/insolvency cases with significant litigation success have included Sino-Forest Corporation, Lac Megantic Railway disaster, ABCP, Nortel, Sears, Air Canada, Stelco, Algoma, MacDonald vs BMO, Pace Securities Investors Rep. Action plus hundreds of civil litigation cases and administrative law cases. Ken and the Paliare Roland team also developed and advanced the winning “Pro Rata” theory in the approximately $7.3B Nortel Allocation cross border, bi-national trial, involving many countries and estates and dozens of counsel.

On numerous occasions, Ken has acted as legal counsel to Ontario’s Premier Elect, and then Premier regarding the transition to government and issues thereafter.

For over 15 years, Ken was Secretary of the Ontario’s Commercial List Bench/Bar stakeholder committee – The Commercial List User’s Committee (CLUC).

Examples of Ken’s recent appointments acting as a Neutral, include:

~ Mediator/Facilitator – The Ontario Energy Board (OEB) has appointed Ken to mediate/facilitate OEB Settlement Conferences including: the 2023 – 2027 Hydro One Joint Rate Application Case (Transmission and Distribution) involving billions of dollars and many parties, stakeholders and intervenors; the Enbridge Gas multi-year, multi-phase, Province Wide rates case; and, the current OPG province wide, multi-year payments case, involving $10’s of billions of dollars and many intervenors and stakeholders.

~ Arbitrator – Ken has been appointed by the CCAA Supervising Judge (C.J. Morawetz) as a claims officer in the Laurentian University CCAA proceeding.