Justin Nasseri

Justin Nasseri is one of the founding partners of Ross Nasseri LLP. He is an experienced trial and appellate lawyer with a significant track record of success in complex commercial, regulatory, and professional liability matters. He is also a go-to litigator for civil or regulatory proceedings where there is a parallel criminal law component.

Clients trust Justin’s advice because of his breadth of experience and battle-tested instincts and judgment. He has appeared as counsel before all levels of court in Ontario, numerous arbitral panels, and administrative tribunals including the Financial Services Tribunal, the Health Professions Appeal and Review Board, and the Discipline Committees of the College of Physicians and Surgeons of Ontario and the College of Naturopaths of Ontario.

Justin has received national recognition for his accomplishments as an advocate, including being recognized as a Future Litigation Star and Canada’s 2022 Emerging Talent Litigator of the Year by Benchmark Litigation, a Lexpert Rising Star – Leading Lawyer Under 40 and a leading litigator with the designation of Consistently Recommended in Corporate Commercial Litigation by Lexpert in 2022, and a leading commercial litigator by Best Lawyers in 2023.

According to leading industry publications, anonymous client and peer reviews describe Justin as “an exceptional advocate”, a “one in a million type of lawyer,” someone for whom “any client would be lucky to have in their corner”, “a natural advocate with an instinct for identifying and preparing winning arguments, and deep experience in appellate advocacy….”. According to one anonymous peer review: “In my 14 years of Bay Street practice, his was one of the best advocacy performances I have seen.”

Justin’s recent wins include overturning an unprecedented $9M judgment as a sanction for contempt at the Court of Appeal for Ontario, winning a significant commercial property trial over the sale of a religious institution, resisting the appeal of a jury verdict in a significant medical malpractice case, and successfully representing PEN Canada in a constitutional challenge to an overly broad ‘false statements’ prohibition in Canada’s federal election legislation.

Justin is also widely published on litigation topics including contract law, civil and criminal procedure, and injunctive relief. His publication history includes works in the Annual Review of Civil Litigation, the Alberta Law Review, the Canadian Privacy Law Review, and the Advocates’ Society. Justin is also frequently asked to speak at and write for legal education conferences hosted by the Law Society of Ontario, the Ontario Bar Association, and the Advocates’ Society.

Justin is also a past Chair of the Executive Committee of the Ontario Bar Association’s Civil Litigation section, where he organized legal education programs and was involved in advocating for policy reforms that included increased adoption of technology and removing the need for pregnant counsel to wear robes in court.

Before co-founding Ross Nasseri LLP, Justin trained with leading litigation firms McCarthy Tétrault and Pape Barristers (now Pape Chaudhury LLP). He received his JD from the University of Toronto, and a B.A. in Economics and Political Science with First Class Honours from the University of Alberta.

Awards & Rankings

• Lexpert Corporate Commercial Litigation – Consistently Recommended Litigator, 2023
• Thomson Reuters Stand-out Lawyer, 2023
• Lexpert Rising Stars 2022: Leading Lawyers Under 40, 2022
• Included in the Lexpert Special Edition: Litigation 2022 as a Lawyer to Watch, 2022
• Best Lawyers in Canada; Corporate Commercial Litigation, 2023
• Benchmark Litigation, 40 & Under Hot List, 2022
• Winner of Benchmark Litigation Emerging Talent Litigator of the Year in Canada, 2022
• Benchmark Litigation Future Star, 2022
• Recognized in The Globe and Mail’s Canada’s Best Law Firms list for Dispute Resolution (Litigation, Arbitration & Investigations), 2022
• Finalist, Lexpert Rising Stars 2021: Leading Lawyers Under 40 category, 2022
• The Best Lawyers in Canada: Ones to Watch (2022 Edition), Corporate and Commercial Litigation
• Top Lawyers (Litigation), Post City Magazines, 2021
• Listed in the Lexpert directory for Litigation-Corporate Commercial and listed as a Leading Lawyer to Watch

Representative Matters

• Acting for a law firm to bring an interim and interlocutory injunction against a departing employee in an action involving theft of confidential information and breaches of fiduciary duty
• Defending a public company in litigation commenced pursuant to the Repair and Storage Liens Act, over a fleet of vehicles
• Acting for a dissenting shareholder in an application to determine the fair market value of shares in a going private transaction
• Acting for co-trustees of an estate, including a major bank, to resist an adverse possession claim
• Defending an institution against vicarious liability and negligence claims arising from historical sexual assault allegations
• Acting for the ETDL in a multi-million dollar estate dispute
• Advising the Ontario Public Guardian and Trustee on litigation strategy in a breach of contract action
• Acting for the plaintiff in a complex, multi-defendant proceeding arising from a fraudulent real estate scheme
• Acting for the respondents in a proceeding arising from an alleged multi-property joint venture
• Acting for the plaintiff in an action for conspiracy and intrusion upon seclusion by several defendants including police officers
• Defending a mortgage administrator in regulatory proceedings at the Financial Services Tribunal, arising from a syndicated mortgage
• Defending a significant propane distribution company in an action for wrongful termination and malicious prosecution and prosecuting a counterclaim for conversion
• Defending a well-known retail company and its directors in an oppression proceeding
• Acting for a well-known hotel in a breach of contract and unjust enrichment action against a contractor
• Acting for numerous naturopaths in proceedings governed by the Regulated Health Professions Act
• Acting for a well-known hospitality website to defend an action for defamation
• Acting for a physician in an oppression case arising from a cosmetic clinic
• Acting as agent and counsel to a provincial government in a public-interest proceeding in Ontario

Recent Decisions

• Law Society of Ontario v. Ali, 2022 ONLSTH 101; counsel to a member in a discipline hearing; negotiated a brief suspension for member in a decision in which the member’s “remarkable efforts” at restitution were lauded by the Law Society Tribunal
• Rubner et al. v. Bistricer et al., 2022 ONSC 4489; counsel to an ETDL obtaining a motion under Rule 45 for the return of jewellery at issue in a will challenge
• Thrive Capital Management Ltd. v. Noble 1324, 2021 ONCA 722; retained as appellate counsel; successful in overturning a decision from the Commercial List to grant final judgment of $9M as sanction for contempt of court
• Mansteel v. Katebian et al., 2021 ONSC 5273; successfully obtained security for costs on a pay-as-you-go basis against a corporate plaintiff in a multi-million dollar action alleging fraud and conspiracy
• Canadian Constitution Foundation v. Canada (Attorney General), 2021 ONSC 1224; successfully acted for intervener in a constitutional challenge to amendments to the Canada Elections Act on the basis of unfair infringements on free speech rights
• Stubbs v. College of Psychologists of Ontario, 2021 CanLII 37 (HPARB); acted for applicant in a review concerning registration guidelines at the College of Psychologists of Ontario
• Marsh v. Electronica AI Inc., [2019] O.J. No. 6281 and [2019] O.J. No. 6282; successfully obtained one of the first-known preservation orders for cryptocurrency under Rules 44/45
• R. v. T.G., 2019 ONCJ 665; counsel in a complex, multi-week criminal trial involving allegations of sexual assault by a teacher
• Howell-Wignall v. Casey’s Propane Inc.; successfully obtained security for costs and a litigation timetable for a defendant/plaintiff-by-counterclaim, and had the plaintiff’s motion for a stay of civil proceeding pending a criminal proceeding dismissed
• Rubner v. Bistricer, 2018 ONSC 1934; Counsel for Litigation Guardian in a complex dispute concerning constitution of a bare trust, validity of various gifts and a will, and ownership of interest in a real estate joint venture. The Court accepted most of the Litigation Guardian’s positions and ordered accordingly
• St. James No. 1 Inc. v. VanderWindt, 2018 ONCA 44; appeal involving the validity of service on a corporation pursuant to the Ontario Heritage Act
• Sandhu v. Sikh Lehar International Organization, 2017 ONSC 5680 and 2017 ONSC 7165; successfully tried an action on behalf of the plaintiffs to recover almost $2M arising from a failed transaction for the purchase and sale of a large property in Brampton
• Berg v. Canadian Hockey League, 2017 ONSC 5382; appearing as counsel for the Law Foundation of Ontario on a costs hearing arising from a certification motion
• Chaudhry v. A&B Auto Leasing and Car Rental Inc. et al.; successfully brought a motion for summary judgment to have an action dismissed as against A&B on the basis that the plaintiff had no valid contract with the corporate entity
• Surujedo v. Melady, 2017 ONCA 41; successfully resisted the appeal of two defendant physicians who were found liable for negligence at a jury trial
• Best v. Ranking, 2016 ONCA 492; counsel on an appeal regarding the threshold of conduct for a personal costs award against a lawyer
• Tam v. Cheng; successfully moved to enforce a settlement and obtained costs on a substantial indemnity basis for costs thrown away
• Private Arbitration; successfully represented a leading IT company that was awarded $27M in an arbitration for breach of contract
• König v. Hobza, 2014 ONCA 691; successfully reduced damages award in the appeal of an oppression case

Selected Publications

• Rule 15 – Representation by Lawyer in  Noel Semple (Ed.), Civil Procedure and Practice in Ontario (Canadian Legal Information Institute, 2021) (co-authored with Gordon Vance)
• “Pulling the Chute: Motions to Get Off the Record Pursuant to Rule 15.04”, Law Society of Upper Canada: A Litigator’s Guide to the Challenging Lawyer-Client Relationship (with Shantona Chaudhry)
• “More Deference, More Problems: The Standard of Appellate Review”, Ontario Bar Association – Your First Civil Appeal, October 17, 2016 (with Shantona Chaudhry)
• “Economic Duress after Bhasin v. Hyrnew: Does the Organizing Principle of Good Faith Offer a New Framework?” in Todd L. Archibald and Randall Scott Echlin, eds., Annual Review of Civil Litigation, 2016 (Toronto: Thomson Carswell, 2016) (with Brandon Kain)
• “When Worlds Collide: A Look At Key Issues When Simultaneously Litigating Civil and Criminal Proceedings”, For the Defence (Vol. 37, No. 1)
• “Summary Judgment Motions: Where Are We Now? (An Appellate Perspective)” The Advocates’ Society Summary Judgment Motions conference, May 27, 2016 (with Tanya A. Pagliaroli)
• “Honour Among Businesspeople: the Duty of Good Faith and Contracts in the Energy Sector”, (2015) 53 Alta. L. Rev. 349 (with Neil Finkelstein, Brandon Kain, and Craig Spurn) (Reproduced with permission of Alberta Law Review)
• “The Art of Juggling: Defending Concurrent Criminal, Civil, and Professional Discipline Proceedings” (2014) 43 Adv. Q. (with Christopher A. Wayland)
• “The Digital and Internet Age Meets the Law of Search and Seizure” as the S.C.C. Clarifies the Law on Search Warrants and Computers in R. v. Vu, (2014) Canadian Privacy Law Review, Vol. 11, No. 3
• “What are the Implications of the Digital Age Meeting the Law of Search and Seizure? A Comment on R. v. Vu”, Ontario Bar Association’s Institute 2014 – Criminal Justice – Litigating a Smarter Charter, February 8, 2014

Presentations

• Speaker, “Summary Judgment Motions”, The Advocates’ Society, October 13, 2022
• Speaker, “Building Block Series: Motions Advocacy”, The Advocates’ Society, April 5, 2022
• Speaker, “Divine Discoveries: Building a Great Case”, Ontario Bar Association, March 31, 2022
• Co-Chair, “Practice Gems for Litigators: Appellate Advocacy”, Law Society of Ontario, March 10, 2022
• Speaker, “Reflecting on Your Practice: Tools to Reset (or Build) Your Practice”, Law Society of Ontario, March 7, 2022
• Interviewed in “Roundtable: Building Your Book of Business Using Alternative Fee Structures”, Advocacy Matters (Winter 2022)
• Speaker, “Top Cases in Commercial Litigation (2021)”, The Advocates’ Society, February 3, 2022
• Speaker, “Advanced Administrative Law & Practice,” The Canadian Institute, October 27-28, 2021
• Speaker, “The Litigator’s Guide to the Business of Law,” The Advocates’ Society, September 28, 2021
• Speaker, “Your Comprehensive Guide to Will Challenges, Session 4: Preparing for Trial,” Ontario Bar Association, August 10, 2021
• Chair, “A Litigator’s Guide to Electronic/Virtual Practice,” Law Society of Ontario, May 3, 2021
• Speaker, “Motions Advocacy,” The Advocates’ Society, March 4, 2021
• Speaker, “Civil Litigation Refresher 2020,” Law Society of Ontario, October 14, 2020
• Chair, “A Litigator’s Guide to Concurrent Criminal, Civil, and Administrative Proceedings,” Law Society of Ontario, January 28, 2020
• Speaker, “Business Development for Litigators Part 1,” The Advocates’ Society, January 4, 2020
• Speaker, “Civil Litigation Refresher 2019,” Law Society of Ontario, October 3, 2019
• Chair, “Drafting Contracts in a Post-Bhasin World,” Ontario Bar Association, April 24, 2019
• Chair, “Mastering Masters’ Motions,” Ontario Bar Association, March 8, 2019
• Speaker, “Advanced Roundtable on Ethics in Litigation,” Law Society of Ontario, April 11, 2018
• Chair, “Strategies and Tips for Maximizing Your Expert Evidence,” Ontario Bar Association, October 10, 2017
• Chair, “Tackling Injunctions,” Ontario Bar Association, May 25, 2017
• Chair, “Limitation Periods: No End In Sight,” Ontario Bar Association, June 16, 2016

In the Media

• “Lexpert Rising Stars Awards winners pay tribute to their mentors at in-person gala”, Canadian Lawyer Magazine, November 23, 2022
• “Backlogs at court, A2J for jury trials at risk as pandemic persists,” The Lawyer’s Daily, August 17, 2021
• Interviewed on The Yunosov Question, July 23, 2021
• “Superior Court rules federal election misinformation law unconstitutional,” Law Times, March 3, 2021
• “Covid-19 brought sweeping changes to the court system. But the jury’s still out on whether it can weather a second wave,” Toronto Star, October 6, 2020
• “COVID-19 forces changes on majority of law practices: Survey,” The Lawyer’s Daily, September 16, 2020
• “Think carefully before joining recession rush to graduate school, lawyers say,” Canadian Lawyer, May 22, 2020
• “OBA casebook printing initiative assists access to justice, environment,” The Lawyer’s Daily, June 25, 2018