Who is Kenneth Michael Arenson?

Kenneth Michael Arenson is an Ontario lawyer (Not Practising) with 3 court cases on record from 2012 to 2012.

What courts has Kenneth Michael Arenson appeared in?

Kenneth Michael Arenson has appeared in Superior Court of Justice.

How many cases has Kenneth Michael Arenson handled?

Kenneth Michael Arenson has 3 cases on record from 2012 to 2012.

What judges has Kenneth Michael Arenson appeared before?

Kenneth Michael Arenson has most frequently appeared before Justice Mark L. Edwards, Justice Paul M. Perell, Justice Thomas J. McEwen.

Kenneth Michael Arenson

3 total

Bosworth v. Coleman et al., 2012 ONSC 5294

Following multiple unsuccessful summary judgment motions between the plaintiffs and one defendant, the court considered the issue of costs between those parties.

The plaintiffs had moved for summary judgment against co-defendants, while the responding defendant brought his own motion to dismiss the claims and a cross-claim, and the plaintiffs brought a cross‑motion against him.

All motions were unsuccessful.

The court held that the result between the parties was decidedly mixed and that no party had achieved sufficient success to justify a costs award.

SCJNov 13, 2012

Applicant Counsel

Arenson v. Toronto, 2012 ONSC 4488

Following the dismissal of a motion to certify a proposed class proceeding, the successful defendant sought partial indemnity costs.

The plaintiff argued that only nominal costs should be awarded because the litigation involved matters of public interest, addressed novel legal issues, and promoted access to justice.

The court held that public attention and bona fide motivations do not convert a case into public interest litigation warranting a departure from the ordinary rule that the successful party receives costs.

Finding the claimed amount reasonable and foreseeable under the Class Proceedings Act, 1992, the court awarded the defendant its full partial indemnity costs.

SCJAug 1, 2012

Respondent Counsel

Pedwell et al. v. 1191827 Ontario Inc., 2012 ONSC 4333

The plaintiff moved for summary judgment on liability arising from injuries sustained when a hotel balcony collapsed during wedding photographs.

The moving party argued that the collapse during ordinary use established the inn’s liability.

The defendant contended that the balcony was intended for far fewer occupants and raised contributory negligence based on evidence that the plaintiff had concerns about the balcony’s capacity before stepping onto it.

Applying the guidance in Combined Air Mechanical Services Inc. v. Flesch, the court held that determining contributory negligence and apportionment would require a full appreciation of the evidence that could not be achieved on a summary judgment record.

Because a trial would still be required to assess liability and apportionment, partial summary judgment was inappropriate.

Applicant Counsel