Who is Kenneth Ronald Clark?

Kenneth Ronald Clark is an Ontario lawyer (In Private Practice) with 3 court cases on record from 2012 to 2018.

What courts has Kenneth Ronald Clark appeared in?

Kenneth Ronald Clark has appeared in Superior Court of Justice, Supreme Court of Canada, with most appearances at the Superior Court of Justice.

How many cases has Kenneth Ronald Clark handled?

Kenneth Ronald Clark has 3 cases on record from 2012 to 2018.

What judges has Kenneth Ronald Clark appeared before?

Kenneth Ronald Clark has most frequently appeared before Justice Thomas Hawkins, Justice Andromache Karakatsanis, Justice Richard Wagner.

Kenneth Ronald Clark | Lawyer | Aird & Berlis LLP

3 total

Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38

The Court allowed the appeal and held that an Internet service provider may recover reasonable costs required to comply with a Norwich order, but not costs tied to obligations already imposed by the statutory notice and notice regime under ss. 41.25 and 41.26 of the Copyright Act.

Because the record did not permit a proper allocation between recoverable and non-recoverable work, the matter was remitted to the motion judge to determine the reasonable quantum, with Rogers permitted to adduce fresh evidence.

SCCSep 14, 2018

Respondent Counsel

Phyllis Morris v. Richard Johnson et al., 2013 ONSC 102

The moving defendants sought costs of a motion following reasons previously released awarding them costs of a discontinued action but not addressing the motion itself.

The responding plaintiff argued that the absence of a costs provision meant no costs were payable and that the court was functus officio.

The court rejected both arguments, holding that because no formal order had yet been issued and entered, the court retained jurisdiction to address costs.

Applying the principles of proportionality under Rule 1.04(1.1) and the cost factors under Rule 57.01(1) of the Rules of Civil Procedure, the court reduced the claimed amount and fixed enhanced costs at $8,000 payable by the plaintiff.

SCJJan 7, 2013

Respondent Counsel

Morris v. Johnson et al., 2012 ONSC 5824

The moving defendants sought costs after the plaintiff discontinued a defamation action arising from online criticism of a municipal mayor during an election campaign.

The court considered whether the action constituted Strategic Litigation Against Public Participation (SLAPP).

Based on the timing of the action, the absence of a demand letter, the use of a notice of action without a statement of claim, and the plaintiff’s failure to provide evidence explaining the litigation, the court inferred that the proceeding was intended to silence political critics.

Exercising discretion under Rule 23.05(1) of the Rules of Civil Procedure, the court held that the defendants were successful parties following discontinuance and were entitled to costs.

Enhanced costs were awarded due to the SLAPP nature of the litigation.

Respondent Counsel

Andromache Karakatsanis