Professional Profile for Kenneth C. MacDonald, LL.B., LL.M.Jan. 2023
Ken MacDonald has practiced litigation for over 25 years. Most of his cases pertain to real estate, business transactions, and debtor-creditor/insolvency. Mr. MacDonald’s LL.B. is from Osgoode Hall Law School in Toronto, as is his Master of Laws degree in administrative law. He was called to the Bar in Ontario in 1991. He has appeared before the Ontario Superior Court of Justice, the Ontario Court of Appeal, the Federal Court of Canada, the United States District Court in Manhattan, and the United States Court of Appeals for the 2nd Circuit. He has also presented before arbitral tribunals.
In 2022 Mr. MacDonald obtained a freezing order on the assets of a fraudulent mortgage agent, who had defrauded 15 – 20 home owners. The freezing order put an end to her mortgage frauds.
Mr. MacDonald is also experienced in cross border litigation, i.e. cases involving parties in two or more different countries. He is the author of Cross-Border Litigation: Interjurisdictional Practice and Procedure, published in 2009 by Canada Law Book, which covers the various aspects of litigating cross border cases, right from start to finish, and enforcing a foreign judgment in Canada. He has also written on cross-border issues for the Advocates’ Quarterly, a journal for lawyers.
He taught for several years in the Bar Admission Course of the Law Society of Upper Canada (the licensing body for lawyers in Ontario), and has presented at legal conferences abroad.
Publications and Presentations
2017 Cross-border Litigator Blog (since March 2013)
2017 “Establishing Jurisdiction: New Connecting Factors Since Van Breda”(accepted for publication in Canadian International Lawyer)
2016 “Defending Against Enforcement of a Foreign Judgment from a Corrupt Court” in Canadian International Lawyer (vol. 11, Number 1, March 2016)
2015 “Whistleblowers Need and Deserve Informant Privilege as Much as Police Informants Do”, in The Advocates’ Quarterly, (Vol.44, Number 2, p. 52)Contribution to the Canada Section of the Year in Review (2015), published by the International Law Section of the American Bar Association
2012 “Survey of Recent Canadian Developments in Cross Border Litigation”, in International Law Practicum (New York State Bar Association), Vol. 25, No. 1 p. 98“The Hague Convention Stymies Actions against Foreign Corporations: Khan Resources v. Atomredmetzoloto JSC” (case comment) in The Advocates’ Quarterly, (Vol.40, Number 2, p. 303)“Cross Border Tort Cases: A Changing Environment”, in Claims Canada (official journal of the Canadian Independent Adjusters’ Association) Vol. 6, Number 3 p. 30Ontario chapter of Commercial Debt Collection in Canada: A Legal Handbook, ed. David Franklin, Canada Law Book, Toronto“Collection Actions in the Federal Court” in Commercial Debt Collection in Canada: A Legal Handbook, ed. David Franklin, Canada Law Book, Toronto
2011 “Strategies to Optimize Debt Recovery”, webinar presented to Credit Institute of Canada, Sept. 15, 2011
2010 “Suing a Foreigner? Keep Control of the Case with a Forum Selection Clause”, in To Your Credit, (e-newsletter of the Credit Institute of Canada) July 12, 2010
2009 Cross Border Litigation - Interjurisdictional Practice and Procedure Canada Law Book, Toronto
2006 “A New Approach to Enforcement of Foreign Non-Monetary Judgments”*, in The Advocates’ Quarterly, (Vol.31, Number 1, p. 44)
2003 Presentation, “Is it Time for a Convention on Contracts for the Sale of Services?” at 3rd Workshop on Juridical Protection of Commercial Activity, at the Instituto de Desarollo e Investigationes del Derecho, in Havana, Cuba *This article was referenced in the Supreme Court of Canada judgment in Pro Swing Inc. v. Elta Golf Inc. [2006] 2 S.C.R. 612
Mr. MacDonald can be reached at:
Tel: (905) 881 7722
Email: kenmacdonald@hkhlawyers.com