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 …
As we watch the Ford government’s attack on the impartiality and competence of Ontario’s adjudicative tribunals, it is time to refresh our understanding of the legal profession’s obligation to defend the justice system.
As we ponder the question of whether the Ford government’s assault on the security of tenure of adjudicators in Ontario’s administrative justice system is constitutionally valid, and await the decision of the BC Court of Appeal in Walter v. BC, a reminder of the constitutional argument would seem to be timely.