Notwithstanding the pandemic, It is still time to speak straight about the Ford Government’s abuse of our justice system beginning with 400 tribunal judges fired without cause.
Looking back on the 2008 UofT Symposium on the Future of Administrative Justice and comparing the hopeful presentations and discussions at that Symposium, as they appear in Lorne Sossin’s detailed Report, with the “Future” as we are now seeing it in Ontario, cannot help but leave one discouraged and angry.
Oral hearings work better not because sad stories undermine an adjudicator’s objectivity but because oral hearings always produce more information.
What is the effect of oral hearings on outcomes? Here is a re-post of a reference to a UK study in which the very same case was heard by multiple tribunal panels, half with the advantage of an oral hearing and half without The study’s conclusion is startling.
In response to a viewer’s question, the author considers the impact of the governments appointment/reappointment policies on a number of issues in light of Vavilov, including the standard of review issue. Reasonableness, he suggests, is not a given.