THE CAP TSUNAMI It is time that this site turned its reader’s attention to the looming appointments tsunami for Ontario tribunals. I refer to the 10-year cap on tribunal service for OIC appointees; a policy introduced several years ago and […]
It has been over a month since I last posted anything for you to read and I want to apologize for the delay. Heaven knows it is not that on the subject of administrative justice system reform there is nothing to
Administrative Justice – the 10-year appointments cap but, first, AN APOLOGY Read More »
Here is a Canadian Press article published August 15, 2014, in MACLEAN’S, posted here just in case you haven’t seen it. The problems continue. http://www.macleans.ca/politics/ottawa/social-security-tribunal-cant-manage-caseload-documents-show/ RE
Social Security Tribunal – More about the backlog and lagging appointments Read More »
TOPIC If an adjudicative tribunal is not independent and/or demonstrably impartial -i.e., is, in law, biased – surely respect-based deference cannot be justified. PREFACE In previous posts on this website (see below), and in Unjust by Design (pages 289-290), I
Standard of Review – No Deference for a Biased Tribunal Read More »
INTRODUCTION In my July 14, 2014, post respecting the Federal Court’s decision in Muhammad, I characterized that decision as evidencing a danger that in the administrative justice system the rule of law was becoming an ignis fatuus (pronounced fach-oo-us) –
Rule of Law, Antidotes for the Ignis Fatuus Syndrome Read More »