Paul J. Pape
Paul’s litigation practice focuses on complex commercial, securities, class action, professional negligence, and administrative matters, with special emphasis on appeals in these and other areas.
Paul has over 45 years of experience as both trial and appellate counsel and has acted in many cases of significance. He is a Fellow of the American College of Trial Lawyers, a Fellow of the International Academy of Trial Lawyers, regularly listed in the Lexpert/ALM Guide to the Top 500 Lawyers in Canada and is recommended in Chambers’ Global Guide to the World’s Leading Lawyers. Paul is also listed in Lexpert’s top 100 creative lawyers in Canada, and is a recipient of a Lexpert Zenith Award. He is an honourary member of The Commercial Bar of England (COMBAR), past chair of the Civil Litigation section of the Ontario Bar Association, and a member of the Holland Access to Justice in Medical Malpractice Group. Paul was an instructor at the Bar Admission Course in civil litigation for many years, and holds a Master of Laws from London University, England. He was called to the Ontario Bar in 1971.
Benchmark Litigation has ranked Paul Pape as one of the “Top 50 Trial Lawyers in Canada” and a “Litigation Star”.
Chambers Canada 2015 reads: “Paul Pape is universally admired as a leading litigator in the province. “He is the best appellate lawyer in Ontario,” one client enthused, while another added: “His oral advocacy is supreme – when he speaks, the judge listens.”
Chambers Canada 2016 reads: “Founding partner Paul Pape is renowned for his skills in appellate advocacy. He is described by sources as “a huge name” who is “legendary and very well respected.” Pape is widely acknowledged as “one of the go-to appeals lawyers in the city.”
David S. Steinberg, Partner
David is an accomplished trial and appellate lawyer with particular expertise in corporate, commercial, and real estate litigation.
He acts for private and family businesses, entrepreneurs, professional service providers, shareholders, directors, and other individuals, as well as for large institutional clients.
David is highly regarded by colleagues and clients as a practical yet passionate advocate, an able listener, and a strategic problem-solver. Always prepared, focused, and candid, David is committed to getting impactful results for clients in the most cost effective way.
David graduated from the University of Toronto’s Faculties of Law and Management in 1994 with a combined Law-MBA degree, and was called to the bar in 1996. He previously served as an Adjunct Professor at the University of Toronto’s Faculty of Law where he taught Advanced Civil Procedure. He is currently a member of the Advocates’ Society.
A sampling of representative cases:
- Acted for partner in professional partnership where majority relied on forfeiture clause in partnership agreement to reduce price payable on mandatory buy-out.
- Defended former corporate director and officer alleged to have breached fiduciary duties.
- Acted for minority shareholder wrongfully excluded from management of private business.
- Defended real estate developers in cost-sharing agreement dispute.
- Acted for real estate developer in joint venture dispute.
- Defended real estate brokerage in contractual dispute with former client concerning assumption of marketing and advertising expenses for real estate development project.
- Acted for senior employee seeking full payment of restricted share units under employee compensation plan.
- Defended employer against wrongful dismissal suit brought by former executive.
- Acted for investors defrauded by majority shareholders in closely held corporation.
- Defended automobile leasing business against provincial regulator’s attempt to suspend license.
- Acted for investment dealer against competitor and former investment advisors for wrongful solicitation of clients.
- Defended lawyer against allegations of negligence and breach of fiduciary duty.
- Acted for dentist in connection with professional partnership dissolution and assessment of fair market value of partnership assets.
- Acted for husband and wife wrongfully denied shares in family business by husband’s father.
- Acted for family where young girl severely injured through negligence of swimming pool supplier.
- Acted for purchaser of residential real estate against negligent real estate agent.
- Acted for employee in wrongful dismissal action against employer.
Shantona Chaudhury, Partner
Shantona has a civil litigation practice with a particular emphasis on appeals. Her experience includes tort, class actions, commercial litigation, civil procedure, professional discipline, administrative, and constitutional law. She has been counsel in over 20 cases at the Ontario Court of Appeal, as well as several Divisional Court appeals and a number of first instance proceedings. Shantona has also argued at the Supreme Court of Canada.
Since joining Pape Barristers in 2009, Shantona has garnered a number of professional accolades. Shantona is ranked in the Chambers Guide to Canada’s Leading Lawyers 2016, which describes her as follows:
Associate Shantona Chaudhury is building an impressive reputation for herself in the appellate litigation space. One peer noted: “She is fantastic. She is one of the smartest lawyers out there right now. Her written work is outstanding.” Clients describe her as a “brilliant advocate.”
Shantona is also listed in the 2017 Guide to the Best Lawyers in Canada, and was named a litigation Future Star by Benchmark Canada in 2014, 2015, and 2016. In 2013, Shantona was recognized with a ‘Precedent Setter’ award by Precedent Magazine.
Shantona represents both individual and institutional clients and is frequently retained by fellow lawyers on especially difficult or complex cases.
Shantona has developed particular expertise in Supreme Court of Canada matters. She is the co-Executive Director of the Supreme Court Advocacy Institute, a national non-profit organization offering advocacy training to counsel appearing before the Supreme Court of Canada. She is also case screener for Pro Bono Law Ontario’s Supreme Court Leave to Appeal Assistance Project.
Shantona is often asked to speak at conferences and guest-lecture at universities on topics ranging from advocacy to ethics to substantive law. Her academic writing has been quoted with approval in several judicial decisions.
Prior to starting practice, Shantona clerked for Justice Ian Binnie at the Supreme Court of Canada, trained as a Fox Scholar pupil barrister in England, and obtained a master’s degree in law from the University of Oxford. Her early experience also includes internships at the International Criminal Tribunal for Rwanda and at the Parliament of Canada.
Shantona is fluently bilingual and was called to the bars of both Ontario and Québec in 2007. She holds a B.C.L. (Oxon.), a B.C.L./LL.B (McGill), a B.A.(Hons.) in French Studies and an M.A. in 18th century French Literature (Queen’s).
Reported decisions include:
Mancinelli v. Barrick Gold Corp.,  O.J. No. 3839
Parsons v. Ontario, 2015 ONCA 158 (appeal on reserve at the Supreme Court of Canada)
Law Society of Upper Canada v. DeMerchant, 2015 ONLSTA 6
Waldman v. Thomson Reuters Canada Limited, 2015 ONCA 53
Mandeville v. The Manufacturers Life Insurance Company, 2014 ONCA 417
Good v. Toronto (City) Police Services Board,  O.J. No. 4218
Deering v. Scugog (Township), 2012 ONCA 386
Bre-X Minerals Ltd. (Trustee of) v. Felderhof,  O.J. No. 6148
Kusnierz v. Economical Mutual Insurance Company, 2011 ONCA 823
MacGregor v Potts, 2012 ONCA 226
Suwary v. Women’s College Hospital, 2011 ONCA 676
Carom v. Bre-X Minerals Ltd., 2011 ONCA 392
Degennaro v. Oakville Trafalgar Memorial Hospital, 2011 ONCA 319
Rosenhek v. Windsor Regional Hospital, 2010 ONCA 13
Trajkovich v. Ontario (Natural Resources), 2009 ONCA 898
S. Chaudhury, A. Warner, L. Jackson, “Civil Appeals: The Year in Review – Rapid Fire”, LSUC CPD, “Civil Appeals – The Year in Review”, 2015.
S. Chaudhury, “Settlement Privilege 101”, LSUC CPD – “What Civil Litigators Need to Know About Privilege”, 2015.
S. Chaudhury, “Hryniak v. Mauldin: The Supreme Court issues a clarion call for civil justice reform“, Advocates’ Journal, Winter 2014.
S. Chaudhury and N. Rouleau, “When equality, autonomy, autonomy and politics collide: unpacking Eric v. Lola“, Advocates’ Journal, Autumn 2013.
S. Chaudhury, “Causation in Law of Negligence: Where Are We Now? Where Are We Going? Clements v Clements; Ediger v. Johnston” (2012) 40:2 Advocates’ Quarterly 257.
S. Chaudhury and P. Pape, “Damages in Waiver of Tort”, Law Society of Upper Canada CPD: The Law of Damages, March 2012.
S. Chaudhury, “Disruptive Physician Behaviour and Hospital Liability in Tort: Rosenhek v. Windsor Regional Hospital”, Canadian Bar Association Health Law Summit, May 2011.
Joanna has a broad civil and criminal litigation practice, with a focus on appeals.
She clerked for the Hon. Justice Morris J. Fish at the Supreme Court of Canada before spending several years as a member of the Supreme Court and Appellate Litigation Practice at a large firm in Washington, D.C. While practicing in the United States, she was twice named a Super Lawyers Rising Star in appellate litigation, and was recognized on the D.C. Capital Pro Bono High Honor Roll in 2011, 2012, and 2013. Joanna obtained her J.D. from Harvard Law School, where she was Editor-in-Chief of the Harvard Civil Rights-Civil Liberties Law Review and graduated magna cum laude. She holds a B.A. in Political Science from the University of Toronto, and was the 2006 World Universities Debating Champion. Joanna is called to the bar in Ontario and the District of Columbia.
Justin H. Nasseri
Justin’s general litigation practice includes acting in civil appeals, corporate and commercial disputes, and medical negligence cases. He also frequently advises clients about regulatory compliance, liability issues, and risk management.
Justin has appeared as counsel before all levels of court in Ontario and several tribunals including the Discipline Committee of the College of Physicians and Surgeons of Ontario and the Health Professions Appeal and Review Board. He has been counsel on numerous trials, appeals, motions, applications, and arbitrations. His cases have included commercial and residential property litigation, contentious corporate/commercial disputes, and tort cases, including medical negligence actions. He has acted for a variety of clients including corporations, unincorporated associations, physicians, accountants, and engineers, as well as pro bono clients in criminal matters.
Justin is widely published on litigation topics including contract law, criminal and civil procedure, and injunctive relief. He has written for publications such as the Annual Review of Civil Litigation, the Advocates’ Quarterly, the Alberta Law Review, and the Canadian Privacy Law Review, as well as for conferences hosted by the Ontario Bar Association, the Law Society of Upper Canada, the Advocates’ Society, and Osgoode Hall. He is the Public Affairs Liaison on the Executive Committee of the Ontario Bar Association’s Civil Litigation Section, where he helps organize legal education programs and is involved in advocating for policy reforms that benefit members of the bar.
Before joining Pape Barristers in October 2015, Justin litigated at a leading national law firm, where he gained experience in complex commercial matters and medical negligence cases.
Justin received his JD from the University of Toronto in 2012, where he served as Vice-President Academic, and was awarded the John Atkinson Prize for academic achievement in litigation related courses, the Gordon Cressy Award for outstanding service to the law school, and the Nathan Strauss QC essay prize in legal ethics. In 2011, Justin and his teammate won the National Client Counselling Competition, and were semi-finalists at the International Client Consultation Competition in the Netherlands.
Justin received his B.A. in Economics and Political Science with First Class Honours from the University of Alberta in 2009. He was called to the Ontario bar in 2013.
Justin’s Litigation Experience includes:
- Sandhu v. Sikh Lehar International Organization, 2017 ONSC 5680, 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
- SGI Search Group Inc. v. Geotech Ltd., successfully moved for summary judgment for an order dismissing a breach of contract action and receiving judgment on a counterclaim
- Zurla et al. v. Tountas et al., successfully moved to have an action against several physicians dismissed for failure to comply with interlocutory orders of the court
- Private Arbitration, successfully represented a leading IT company that was awarded $27M in an arbitration for breach of contract
- Anand v. Hanna, SC-14-00100626, successful moved to strike claim against defendant physician pursuant to Rule 12.02 of the Rules of the Small Claims Court
- MA v SKG, 2014 CanLII 64868 (ON HPARB), successfully resisted appeal from a decision of the ICRC of the College of Physicians and Surgeons of Ontario
- König v. Hobza, 2014 ONCA 691, successfully reduced damages award in the appeal of an oppression case
- The Commissioner of Competition v. Direct Energy Marketing Limited, 2014 CACT 13, counsel for Direct Energy in a proceeding before the Competition Tribunal
- R. v. Lang, 2011 ONSC 3822 (C.J.), successful appeal from a summary conviction for assault
“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
“Pre-Trial Options for Creditors in Ontario: What’s on the Menu and How You Should Order”, Osgoode Hall Annual Course in Debtor-Creditor Litigation, May 27, 2013 (with Sarit E. Batner)
- Strategies and Tips for Maximizing Your Expert Evidence – Ontario Bar Association, October 10, 2017 (co-chaired with Shaun Laubman)
- Tackling Injunctions – Ontario Bar Association , May 25, 2017 (co-chaired with Andrea Sanche)
- Limitation Periods: No End In Sight – Ontario Bar Association, June 16, 2016 (co-chaired with Barry Weintraub)