Mark A. Ross

Contact Information:

Bar Admission:

Ontario 2005

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.

 

Mark’s notable cases include:

  • 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.

News, accolades & recognition

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...

Ross Nasseri is founded

Mark Ross founded Ross Barristers in 2006 and over the course of 15 years it has grown into one of Toronto’s premier litigation boutiques. On February 1, 2021, Justin Nasseri of Goddard Nasseri LLP merged his practice with Ross Barristers, forming Ross Nasseri LLP....