Partner
Prasha Nallathamby
Education
Alex is an experienced trial and appellate counsel with a broad litigation practice, including corporate and commercial litigation, insurance litigation (both defence and coverage), as well as the defence of professional negligence, class actions, and defamation claims. This expertise has resulted in dozens of reported cases and decisions, as he will frequently try a case to verdict. He has also been successful in numerous cases before the Ontario Court of Appeal, both in resisting and advancing appeals, and has represented clients before the Supreme Court of Canada. Alex has been described as having a formidable strategic mind, and the clients he tends to attract are generally involved in complex, sophisticated disputes with high stakes exposure, typically with an insurance component or implication.
As one who knows the value of resolving claims, Alex has conducted dozens of successful mediations. However, if a case cannot be settled through negotiation, Alex has the experience, ability and will to take a case to trial.
Alex has been successful counsel in many of the leading decisions in educational malpractice in Ontario. In his practice, he has acted for virtually every major University in Ontario. Alex has also been successful in his representation of numerous institutional clients, particularly in the area of vicarious liability for various torts, including sexual abuse and harassment. He has spoken before groups such as the Ontario Risk and Insurance Managers Society, and the Insurance Institute of Ontario on topics including defending institutions against sexual abuse/harassment claims, claims handling, the duty to defend, and misrepresentations in the insurance context. Alex is a contributing editor to The Federated Press – Professional Liability Edition.
Subway v. CBC, 2021 ONCA 25. Successful on behalf of our client Trent University in the appeal of Trent’s anti-SLAPP motion against Subway. The Court of Appeal accepted that the claim of negligence against Trent arose from an expression related to a matter of public interest, and that Subway could not demonstrate that its negligence claim against Trent had substantial merit.
The University of Western Ontario v. Simpson, 2020 ONCA 416 – successfully resisted the plaintiff’s appeal of the Order designating him a vexatious litigant
Goomansing v. University of Manitoba, 2018 ONSC 3999 – successfully moved to strike plaintiff’s entire claim, without leave to amend, on the basis that it disclosed no reasonable cause of action.
Lam v University of Western Ontario Board of Governors, 2017 ONSC 6933 – Successful in having Plaintiff’s entire claim dismissed on a summary judgment motion on the basis that the claim was academic in nature and not the proper subject matter of a civil claim.
Ali v Region of Waterloo et al., 2017 ONSC 986 (Div. Ct.) – Successful in appealing motion judge’s decision to grant the Plaintiff’s leave to amend his Statement of Claim to name an individual employee of the university as a personal defendant to the action in a personal injury claim.
Newman v Lakehead University, 2017 ONSC 335 – Successfully struck Plaintiff’s entire Statement of Claim, without leave to amend, in an educational malpractice claim.
Amrane v. York University, 2016 ONSC 7847 – Successfully appealed a lower court decision refusing to strike the plaintiff’s claim. The Divisional Court set aside the lower court decision and struck the claim, in its entirety, without leave to amend.
Tran v University of Western Ontario, 2015 ONCA 295 – Successful in defending Plaintiff’s appeal and upholding the motion judge’s decision to strike all causes of action as against the individually named Professors as well as the claims of conspiracy and intimidation as against the university.
Gyamfuaa v Leblanc, 2015 ONSC 1422 – Successfully struck claims in negligence, negligent investigation, breach of fiduciary duty, and defamation in an educational malpractice claim against the university and individually named Professors.
Lam v University of Western Ontario Board of Governors et al., 2015 ONSC 1642 – Successfully struck claims in breach of fiduciary duty, breach of contract, negligent misrepresentation, fraudulent misrepresentation, and conspiracy against the university and all claims of personal liability against individually named Professors.
Stuart v The University of Western Ontario, 2015 ONSC 5168 – Successfully struck Plaintiff’s claims in breach of contract, breach of fiduciary duty, breach of duty of good faith, negligence, and negligent misrepresentation.
King v Ryerson University et al., 2015 ONSC 584 – Successfully struck Plaintiff’s entire Statement of Claim, without leave to amend, against the university and individually named Professor in an educational malpractice claim.
Bounpraseuth v York University, 2014 ONCA 390 – Successful in defending Plaintiff’s appeal and upholding the motion judge’s decision to strike the entire Statement of Claim, without leave to amend, on the basis of the expiry of the limitation period and the discretion of the university to deal with academic matters.
Ramlall v University of Toronto et al., 2014 ONCA 100 – Successful in defending Plaintiff’s appeal and upholding the motion judge’s decision to strike the Statement of Claim in its entirety, without leave to amend, in an educational malpractice claim.
Ramlall v Ontario Family Medicine Programs (OFMP/OCFP), 2012 ONSC 7260 – Successfully struck Plaintiff’s entire Statement of Claim, without leave to amend, on the basis of cause of action estoppel and because it failed to plead a reasonable cause of action and was an abuse of process.
Alexander v. Rosedale United Church, 2011 ONSC 785 – successfully resisted appeal by plaintiff of the Order granting the motion to her strike claim for delay.
Alexander v. Rosedale United Church, 2010 ONSC 4244 – successfully moved to strike claim for delay.
Jaffer v. York University, 326 DLR (4th) 148; 268 OAC 338 [2010] – successfully resisted the plaintiff’s appeal of the Order dismissing his action, on the basis that it disclosed no reasonable cause of action.
Jaffer v. York University, 2009 CanLII 60086 (ON SC) – successfully moved to strike the plaintiff’s entire action, without leave to amend, on the basis that it disclosed no reasonable cause of action.
Dawson v. The University of Toronto, 2007 ONCA 875 – successfully resisted the plaintiff’s appeal of the Order dismissing her entire action, without leave to amend on the basis that it disclosed no reasonable cause of action.
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150 York Street, Suite 1800
Toronto, Ontario M5H 3S5
416.507.1850
© 2020 Thomas Gold Pettingill LLP