Sara Erskine

Founding Partner

  • She / Her / Hers
Sara Erskine

Sara is a trusted advisor in the field of commercial and securities litigation, offering her clients more than two decades of trial and appellate experience.

Sara is recognized in Best Lawyers Canada in Corporate and Commercial Litigation and as a Litigation Star in Commercial Litigation by Benchmark Canada.  Prior to co-founding BE Law, Sara was a founding partner at Weintraub Erskine Huang LLP and at Reuters LLP. Sara started her career at McCarthy Tétrault LLP.

Sara's expertise covers a broad spectrum, with a particular focus on shareholder disputes, securities regulation, partnership disputes and insolvency matters. Sara is also experienced in litigating cases involving fraud and breach of trust/fiduciary duties.  Sara has litigated cases involving cross border issues and jurisdictions including in the United States and Hong Kong.  Sara has appeared as council in all levels of court in Ontario, and at the Supreme Court of Canada.  As part of her securities regulatory practice, Sara appears before the Capital Markets Tribunal (formerly Ontario Securities Commission) and the Canadian Investment Regulatory Organization (formerly IIROC and the MFDA).

Sara is frequently invited to speak at legal conferences and presents to industry associations on managing business risks associated with civil and shareholder disputes, and securities litigation.  Since being called to the bar, Sara has continually participated in the education and development of legal professionals.  She is the Chair of the Securities Litigation Group at the Advocates Society.

In addition to her legal practice, Sara is committed to community service. Sara sits on the Board of Governors and the Board of Directors for Ontario of Portage Addiction Centers as well as the Board of Governors for Portage Foundation. She is also a Director of Row Ontario.

Notable Cases

  • Lead trial and appeal counsel in litigation concerning portfolio managers wrongfully terminated without compensation for performance bonus (Bowen v. JC Clark Ltd., 2022 ONCA 614 181)
  • Lead counsel to successful appellant in an appeal concerning the quantification of damages under the joint venture agreement (Liu v. Qiu, 2022 ONCA 232)
  • Co-lead trial Counsel and appeal counsel concerning claims to enforce property development agreements and the issue of estoppel by convention (Fram Elgin Mills 90 Inc. v. Romandale Farms Limited, 2021 ONCA 201)
  • Lead counsel concerning proceeding before the Ontario Securities Commission (now Capital Markets Tribunal) concerning violation of cease trade orders (Threegold Resources Inc. (Re), 2021 ONSEC 5)
  • Co-lead trial and appeal counsel in litigation brought by a Litigation Trust appoint pursuant to a CCAA proceeding against an Officer and Director of a multi-national public company alleging fraud, conspiracy and breach fiduciary duties claims (SFC Litigation Trust v. Chan, 2019 ONCA 525)
  • Lead trial counsel for a successful plaintiff mining company’s claim against an engineering firm for professional negligence in performing a NI43-1021feasibility study (Western Troy Capital Resources Inc. v Genivar Inc., 2016 ONSC 6829)
  • Co-lead counsel for former officer and director of multi-national public company in a securities class action proceeding (Labourers’ Pension Fund of Central and Eastern Canada v Sino-Forest Corporation, 2015 ONSC 6354)
  • Lead trial counsel for successful plaintiff enforcing an agreement of purchase and sale of a real estate brokerage (Henderson v. Risi, 2013 ONSC 81)
  • Counsel for respondent in a proceeding before the Ontario Securities Commission (now Capital Markets Tribunal) concerning whether the sale of viatical settlements constitutes the sale of securities under the Securities Act (Universal Settlements International Inc., 2006 ONSEC 18)
  • Counsel for a successful appellant in the appeal of an order for letters rogatory to obtain evidence from the appellant for use in a proceeding in New York State under the Aliens Tort Act (Presbytarian Church of Sudan v. Rybiak, 2006 CanLII 32746)
  • Counsel for an intervenor before the Supreme Court of Canada in an appeal concerning whether the use of infrared technology without a warrant was a breach of section 8 of the Charter of Rights and Freedoms (R. v. Tessling, 2004 SCC 67)

 

Credentials

  • Called to the Ontario Bar, 2002

Education

  • LL.B., Queen’s University Faculty of Law, 2001
  • B.A. (Honours) in Economics, Queen’s University, 1998

Associations

  • The Advocates' Society
  • Ontario Bar Association
  • Toronto Lawyers Association