Blog Archives – Ellis’s Posts February 2013 – March 2017

Government Disability benefits – Conflicted Adjudication Needs Fixing

Workers Comp and the Final-Say Procedures—Time for Statutory Reform

ONT. WSIB—Getting the Pe-Existing Conditions Policy Before the Courts, Now!

Ontario WSIAT – Pre-existing Degenerative Disc Disease – A Surprise, a Missed Opportunity

Ontario WSIB – No Evidence Demands a Public Inquiry

Workers’ Comp Reclamation? Alberta Points the Way.

Ontario’s WSIB and the power implants – CMS Benefits Policy – A Case in Point – Wrong Standard of Proof

Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they Mean? – Part IV – Adjudicative Principles Policies

Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they Mean? – Part III – Adjudicative Principles Policies

Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they do? – Part II – Evidentiary Requirements Policies

Ontario’s WSIB and the Bill 127 Amendments – The power implants – Why are they needed? Part I

Unjust by Design – still out there …

WSIB and Some of the Evidence it Will Have to Confront in Castrillo

WSIB and the Ontario Court of Appeal decision in the Castrillo Class Action

Tribunal Adjudication, Post # 2 – oral hearings important mostly because of the additional information they provide

Tribunal Adjudication – The overwhelming importance of Oral hearings

Dissembling Statistics in Workers’ Compensation Systems

WSIB IS BOUND BY THE LAW

Administrative Justice – WSIB not telling it the way it is when it comes to the thin skull rule

Administrative Justice – WSIB ‘paper doctors’ – Not a Systemic Problem? HANG ON A MINUTE.

Administrative justice – op ed article English version, and reaction to WSIAT Chair Mystery

Administrative Justice – Miscellaneous News: appointments process Op Ed article; and the WSIAT Chair mystery.

For merit-based adjudicative tribunal appointments free of partisan/patronage influences, blow up the black box U.K. style

Administrative Justice – Adjudicative tribunal Appointments – SOSSIN, MULLAN, JACOBS, HOULE, HECKMAN, ELLIS Open letter to PM RE ADJUDICATIVE TRIBUNAL APPOINTMENTS

Administrative Justice – what to look out for in merit-based appointments processes

Prime Minister: merit-based appointments processes; what could possibly go wrong?

Yes, Prime Minister – there is a problem with your appointments process

An Encounter with the Prime Minister

Administrative Justice, Quebec Style – The New Administrative Labour Tribunal

Administrative Justice in Workers’ Compensation – Post # 8: The Chilling U.S. Story

Administrative Justice in Workers’ Compensation – Post # 7: Mass Adjudication and its Shortcomings

Administrative Justice in Workers’ Compensation: Post # 6: Cost-Averse Bias at Large

Administrative justice in workers’ compensation – Post # 5 – Charter Denial

Unjust by Design Replayed – Post # 8: Shiner Review – Unjust by Design in Five

Administrative Justice in Workers’ Compensation – Post # 4: A cost-averse echo from New Brunswick – Ombudsman anyone?

Administrative Justice in Workers’ Compensation – Post # 3: Cost-Averse Adjudication and the Hijacking of the Thin-Skull Rule

Administrative Justice in Workers’ Compensation – Post #2 – Biased Medical Opinions?

Administrative Justice in Workers’ Compensation – Post #1: Tribunal Denial

Unjust by Design Replayed – Post # 7: Making Tribunal Decisions “Alike” – the Court of Appeal Weighs In

Administrative Justice Adjudicators – Chicken Pluckers? Really?

Unjust by Design Replayed – Post # 6: Professor Hart would not approve.

Administrative Justice: More Trouble in the Federal System

Unjust by Design Replayed – Post #5: Canada’s Mutable Judicial Functions

Administrative Justice adjudicators – Ontario’s 10-year cap – SOAR Cap Study Published – Tsunami Confirmed;

SST Backlog – Clearing the Backlog – Admin Law Pitfalls in Government Intervention

Unjust by Design Replayed – Post #4: Face it, Dicey was Right

Unjust by Design Replayed – Post #3: Appointments Lessons at the IRB, 2002-2008

UNJUST BY DESIGN REPLAYED – Post #2: Merit-Based Except When They Aren’t

UNJUST BY DESIGN REPLAYED – Post #1

SOCIAL SECURITY TRIBUNAL – More

SOCIAL SECURITY TRIBUNAL – BROKEN

Administrative Justice Capology – Capping an Adjudicator’s Years of Service: Can we Think of a Reason? – NO!

Administrative Justice Capology – Capping an Adjudicator’s Years of Service: Can we Think of a Reason?

SOCIAL SECURITY TRIBUNAL – PROFITING FROM PROCESSING DELAYS

Administrative Justice adjudicators – Ontario’s 10-year cap – an appointments tsunami coming to a tribunal near you

Standard of Review – No Deference for a Biased Tribunal

Rule of Law, Antidotes for the Ignis Fatuus Syndrome

Rule of law in the Administrative Justice System – an ignis fatuus?

Unjust by Design – Ellis Donner-Prize Interview

Administrative Justice: APPREHENDING BIAS – WHAT WILL IT TAKE?

Administrative Justice: Fixed Terms incompatible with Independence – SCC Agrees

Administrative Justice – If the Chief Justice is not safe, Who is? Bill C-31’s Chief Administrator?

Administrative Justice and DISABILITY Claims – NOT A PRETTY PICTURE

Administrative Justice – Radical Federal Restructuring – Independence Implications – Post # 3

UNJUST BY DESIGN SHORT-LISTED FOR THE DONNER

Administrative justice – Radical Federal Restructuring, Post #2

Administrative Justice – Radical Restructuring of Federal Adjudicative Tribunals

Administrative justice: partisan appointments vs. democratic principles

Administrative justice – Quebec’s is Unjust by Design too

Administrative Justice: SCC’s Refusal of Leave in SFL v. Saskatchewan – The Range of Possible Reasons (Post # 8 – The Leave Argument as Filed)

Administrative Justice: SCC’s Refusal of Leave in SFL v. Saskatchewan – The Range of Possible Reasons (Post # 7 – Labour Board Not an Adjudicative Tribunal)

Administrative Justice: SCC’s Refusal of Leave in SFL v. Saskatchewan – The Range of Possible Reasons (Post # 6 – “Societal Consensus” Against Independence)

Administrative Justice: SCC’s Refusal of Leave in SFL v. Saskatchewan – The Range of Possible Reasons (Post # 5 – Independence Not in Fact an Issue?)

Administrative Justice: SCC’s Refusal of Leave in SFL v. Saskatchewan – The Range of Possible Reasons (Post # 4 – MOOTNESS)

Administrative Justice: SCC’s Refusal of Leave in SFL v. Saskatchewan – The Range of Possible Reasons (Post # 3 – the res judicata/abuse of process reason)

Administrative Justice: SCC’s Refusal of Leave in the Saskatchewan Labour Relations Board Case – The Range of Possible Reasons (The Constitutional Issue – Post # 2)

Administrative Justice – APPLICATION FOR LEAVE TO APPEAL DISMISSED (the Constitutional Issue, Post # 1)

Administrative Justice – “motivated perceptions” – are tribunal adjudicators susceptible?

Tribunal Independence: Standing up to Politicians – A Case in Point

Judicial Tribunal Independence: Quebec CA finds renewable terms okay, strikes a blow for competence …

Social Security Tribunal – Chair and Vice-Chairs Status “Intrinsically Precarious”

Tribunal Independence – Manitoba Acknowledges Renewable Fixed Terms not Compatible with Independence

Unjust by Design Quebec Exemption

Independence & Impartiality of Adjudicative Tribunals – Application for Leave to Appeal Consitutional Decision of Sask. CA in Labour Board Case

Standard of Review – Deference Owed Only to Independent & Impartial Tribunals – Not a Novel Thought After All

Unjust by design, Canada’s Administrative Justice Gets no Respect

Unjust Tribunal Budget Processes – Barreau du Quebec speaks out

Judicial Tribunal Bias: A Case in Point

Tribunal Independence – Ocean Port Rules

Court deference to Ministry staff exercising judicial functions (two comments)

Deference: Constitutionally Permissible in Canada’s Current System? (Several Comments)

Judicial Tribunal Decisions: Are they all Invalid?

Tribunal Appointments – Life-Tenured? No

Independence and Impartiality

UNJUST BUDGETS – Constitutionally Valid?

Merit-Based Reappointments – LSUC Leads the Way

Lebel, J: constitutional protection for administrative tribunals?

Does “Canada” have a – ie., one – administrative justice system?

Refugee Sandwich, stories of exile and asylum

Nick McCombie