Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41436
Kevin Mark Clarke (on behalf of the people) v. City of Toronto
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-04-17 | Close file on Leave | |
| 2025-04-17 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2025-04-01 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2025-02-27 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2025-02-28, (Printed version filed on 2025-03-05) | Kevin Mark Clarke (on behalf of the people) |
| 2025-01-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-30 | Judgment on leave sent to the parties | |
| 2025-01-30 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-1333, 2024 ONCA 567, dated July 15, 2024, is dismissed. Dismissed |
|
| 2024-12-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-17 | Letter advising parties of a complete application for leave to appeal, File open | |
| 2024-09-12 | Certificate (on limitations to public access), Form 23B, (Printed version filed on 2024-09-18) | Kevin Mark Clarke (on behalf of the people) |
| 2024-09-12 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-09-18) | Kevin Mark Clarke (on behalf of the people) |
| 2024-09-12 | Application for leave to appeal, (Book Form), Completed on: 2024-09-12, (Printed version filed on 2024-09-18) | Kevin Mark Clarke (on behalf of the people) |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Clarke (on behalf of the people), Kevin Mark | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Toronto | Respondent | Active |
Counsel
Party: Clarke (on behalf of the people), Kevin Mark
This party is not represented by counsel.
Party: City of Toronto
Counsel
Alex Redinger
City of Toronto, 100 Queen Street West
Toronto, Ontario
M5H 2N2
Telephone: (416) 392-9786
Email: Mark.Siboni@toronto.ca
Summary
Keywords
Municipal law — Elections — Applicant bringing proceeding challenging validity of mayoral election — Proceeding dismissed as frivolous and vexatious — Whether mayoral election valid — Whether lower courts erred in dismissing proceeding as frivolous and vexatious — Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched., s. 83(1) — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 2.1
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Applicant Kevin Mark Clarke brought a proceeding in the Superior Court of Justice challenging the validity of the 2023 election for mayor of the City of Toronto. The City of Toronto brought a motion to have the proceeding dismissed as frivolous and vexatious under r. 2.1.01(3) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.
The motion judge dismissed the proceeding as frivolous and vexatious. The Court of Appeal dismissed Mr. Clarke’s appeal.
Lower court rulings
Application dismissed
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available