R. Ellis

In assessing the dangers to the Ontario administrative Justice system under the Ford government, it is instructive to remember what happened to the system under the Harris government.

  Lest there be any misunderstanding, this author’s advocacy for a class action based on claims for damages for breach of contract by adjudicators whose expected reappointments were refused is not principally motivated by a concern for the personal interests

It has been put to me that my June 5, 2019 post on the possibility of a breach-of-contract action as a remedy for the government’s refusal of expected reappointments has a potential flaw; that I might not have given sufficient weight to the limitation to the appointees’ contractual rights arising from the Appointments Directive’s explicit reservation to the government of the right to refuse any reappointment with four months notice. But, not so fast.

Word has it that members of Ontario adjudicative tribunals whose expected reappointments have been refused, plan to meet informally in September with a view to sharing experiences and beginning a discussion of possible options.

Posted here is a memorandum that explores the legal actions that might be brought against the Government of Ontario for its arbitrary refusals to reappoint incumbent, meritorious Members and Vice-Chairs of Ontario’s adjudicative tribunals when those reappointments were rightfully expected