Professional Profile

     Ken MacDonald is an authority on cross border litigation. His cross-border cases typically have some connection to Ontario, Canada. Among other things, he advises on jurisdiction-related strategy, which can have a major impact on the outcome of cross border cases. In addition to acting on cases in Ontario, he can assist with cases proceeding elsewhere, for example in connection with obtaining evidence from witnesses in Ontario, seeking injunctions in Ontario in aid of those proceedings, and enforcing foreign judgments in Ontario. The law firm where he practices, Henry K. Hui & Associates, caters to a largely Asian and Asian-Canadian clientele, and members of the firm speak several Asian languages.

     He is the author of Cross-Border Litigation: Inter-jurisdictional Practice and Procedure, published in 2009 by Canada Law Book, which covers the various aspects of litigating multi-jurisdiction cases from start to finish, that is, from selecting the appropriate jurisdiction in which to litigate the case (or opposing one's opponent's selection of a disadvantageous jurisdiction) to enforcing a foreign judgment. The book covers both transnational and inter-provincial cases. He has also written on conflict of law issues for the Advocates' Quarterly, a journal for lawyers.

       Mr. MacDonald holds both a Bachelor of Laws degree and a Master of Laws degree (in administrative law) from Osgoode Hall Law School, in Toronto, Ontario. He was called to the Bar in Ontario in 1991. His main area of practice is civil litigation, with emphasis on commercial, international business, employment, and real-estate related matters.

     Mr. MacDonald 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.

     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. He is a member of the Law Society of Upper Canada and the Advocates' Society.

     Please note: Mr. MacDonald is presently licensed to practice law only in Ontario, Canada. In some circumstances it may be possible for him to obtain permission to appear before courts in other jurisdictions on a case-by-case basis. Mr. MacDonald does not provide advice on the laws of jurisdictions other than Ontario, Canada.