Mark A. Ross

Mark Ross
Partner

Contact Information:

Bar Admission:

Ontario 2005

Mark Ross is a founding partner of Ross Nasseri LLP. He is a fearless and tenacious litigator whose practice includes complex contractual litigation in various industries (including construction, insurance, and real estate), shareholder and partnership cases, estates litigation, professional liability matters, property disputes, and prosecuting and defending civil fraud claims.

Mark has earned his reputation as a premier trial and appeal litigator through years of experience arguing and winning cases. He is counsel on several significant reported decisions and has conducted numerous motions, applications (including ones moving for or resisting injunctive relief), trials, and appeals in Ontario as lead counsel. He has acted for a wide range of clients including individual investors and businesspeople, closely held/family enterprises, and large corporations and institutional clients. Mark has also been lead counsel on a number of complex arbitrations.

Mark is the co-author of Haber and Ross: Top Commercial Leasing Cases (Toronto: Carswell: 2019), a leading textbook on commercial leasing disputes. Lawyers and clients frequently seek Mark’s advice on complex lease disputes and other property-related disputes. Mark is also regularly asked to lecture at conferences on commercial litigation and advocacy skills. Mark was recently ranked among Toronto’s leading practitioners in the Canadian Lexpert Directory for corporate commercial litigation.

Mark graduated with an LLB from Osgoode Hall Law School in 2004. He was called to the Ontario bar in 2005. Mark is a member of the Law Society of Ontario and The Advocates’ Society.

 

 

Notable Cases

  • Wayne Safety Inc. v. Gendelman, 2023 ONSC 2478; obtained extraordinary relief in the form of Anton Piller, Mareva, Norwich relief and multiple certificates of pending litigation to address an ongoing fraud
  • 2642322 Ont. Inc. v. Rexell Dev. Inc., 2023 ONSC 1979; counsel to the successful applicant challenging an account rendered on a power of sale
  • Konstan et al. v. Berkovits et al., 2023 ONSC 497, 2023 ONSC 1214 and 2023 ONSC 3052, counsel for the successful plaintiff in a multi-action, lengthy hybrid trial. RN LLP’s client succeeded in actions for malicious prosecution and abuse of process, and was awarded $425,000 in substantial indemnity costs
  • Up In Frames v. NYX Yonge Inc., 2022 ONSC 4795; successfully acted for a commercial tenant in restraining the developer landlord from prematurely terminating the lease to pursue a development
  • Akelius Canada Ltd. v. 2436196 Ontario Inc., 2022 ONCA 259; successfully defended a vendor in a $56M claim for damages arising from failure to close on the sale of seven apartment buildings in downtown Toronto
  • Successfully defended a manufacturing company in a confidential arbitration regarding a shareholder buyout dispute
  • Alexander v. DHA Holdings Inc. et al., 2022 ONSC 2305; counsel for a widow in a multi-million dollar dependants’ support claim, which included complex shareholder oppression allegations
  • Trial counsel in a four-week trial involving multiple actions for oppression, breach of fiduciary duty and theft of business opportunity in relation to an industrial processing company
  • Acting for the plaintiff, a closely-held family business in food manufacturing, in an action for breach of confidence and breach of contract, including seeking interlocutory and permanent injunctive relief
  • Rusinek & Associates Inc. v. Arachchilage, 2021 ONCA 112; counsel on an appeal concerning whether a trustee in bankruptcy could initiate an equalization claim under the Family Law Act
  • Benedetto v. 2453912 Ontario Inc., 2018 ONSC 4524 and 2019 ONSC 4309; brought successful motion for summary judgment seeking release of a deposit against a purchaser who failed to close a property transaction
  • Hornstein v. Kats, 2020 ONSC 870, var’d 2021 ONCA 293; won an 18-day complex trial concerning a property investment
  • Bennett v. Bennett, 2019 ONCA 772 aff’ing 2018 ONSC 4138; successfully resisted appeal from a judgment obtained for a client to enforce a settlement agreement
  • Ania v. Spice Danforth Inc., 2019 ONSC 572; successfully brought an application to enforce an agreement of purchase and sale on behalf of the purchasers and had vendors’ cross-application dismissed
  • L-Jalco Holdings Inc. v. MacPherson, 2018 ONCA 488; successfully resisted appeal from a summary judgment for payment on a mortgage.
  • County Court Centre Ltd. v. Turtle Jack’s Restaurant, 2017 ONSC 3004; successfully obtained summary judgment on liability and substantial damages after a mini trial in a commercial lease dispute.
  • Broze et al. v. Toza, 2014 ONSC 3302; successful on a motion to have the respondents in an estates application declared in contempt of court
  • Di Michele v. Di Michele, 2014 ONCA 261 aff’ing 2013 ONSC 870; largely successful in resisting appeal from a successful application to seek an order for the sale or partition of a property.

Awards & Rankings

Individual:

  • Recognized by Lexpert as a leading lawyer in Professional Liability, 2023
  • Recognized by Lexpert as a top lawyer in Corporate Commercial Litigation, 2021

Firm:

  • RN LLP recognized as a leading litigation firm in Canada by Benchmark Litigation (2021, 2022, 2023)
  • RN LLP recognized in The Globe and Mail’s Canada’s Best Law Firms list for Dispute Resolution (Litigation, Arbitration & Investigations) (2021, 2022, 2023)
Mark Ross
Partner

Contact Information:

Bar Admission:

Ontario 2005

News, accolades & recognition

Ross Nasseri LLP Welcomes Back Lauren Koduah

Ross Nasseri LLP welcomes back Lauren Koduah to our firm. Lauren is an experienced Paralegal and Law Clerk with over 10 years of experience in the legal field.

Lauren’s deep work experience and solid work ethic are assets to the firm and our clients. We are excited welcome back Lauren to the Ross Nasseri LLP team!

Mark and Sharon succeed at the Court of Appeal!

On May 6, 2021, the Court of Appeal for Ontario released its decision in Hornstein v. Kats, largely upholding an 18 day trial victory by Mark Ross and Sharon Sam, in this case relating to a residential property dispute. The Court of Appeal only varied the trial...

Mark Ross and Avi Bourassa win property application

Congratulations to Mark and Avi for their success in the application, 11428349 Canada Inc. et al v. Royal Bank of Canada (unreported), which was brought on an urgent basis. They convinced the Court to retroactively rectify title under sections 159-160 of the Land...