Kenneth Rosenberg

Practice Areas

Bankruptcy and Insolvency Litigation

Class Actions

Commercial Litigation

Energy Law

Mediation and Arbitration

Pension Litigation

Public and Administrative Law

Career

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 in several matters. He has appeared at all levels of court in Canada and has appeared in U.S. courts. Prominent litigation 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).

Ken’s recent appointments include acting as a Neutral:

~ Mediator/Facilitator – The Ontario Energy Board (OEB) has appointed Ken to mediate/facilitate an OEB Settlement Conference in the 2023 – 2027 Hydro One Joint Rate Application Case (Transmission and Distribution) involving billions of dollars and many parties, stakeholders and intervenors.

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

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Professional Memberships

Canadian Bar Association, Member

Commercial List Bench/Bar Users' Committee, Secretary

Insolvency Institute of Canada

The Advocates' Society

Turnaround Management Association