Current

Are there any rule-of-law limits to the level of funding an executive branch may provide for an adjudicative tribunal? Here is an article on that subject, originally posted on this site on March 15, 2013.

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.