This current blog was opened in February 2019, and contains all materials and comments posted since that date. In the “blog, archived”, visitors will find all Ellis’s posts between February 28, 2013 and November 27, 2017, the latter date marking the beginning of a 15-month lapse in Ellis’s attention to this site – a lapse for which he apologizes.
If you want to look for a specific topic, you can select a category from the sidebar or use the search function to explore topics in-depth. The search function will search in both the current blog and the archived blog, as well as across all pages in the site.
How Bad Is It? Very
Tribunal Watch Ontario’s current, very troubling report featuring the HRTO.
Administrative Justice in Ontario: A Cautionary Tale By Voy Stelmaszynski
Here is an important article by Voy Stelmaszynski, recipient of the 2017 Tom Marshall Award of Excellence for Public Sector Lawyers on administrative justice in Ontario
TRIBUNAL INDEPENDENCE – WHAT WE’VE ALWAYS KNOWN
Chief Justice Roy McMurtry’s views on tribunal indendence in November 1997.
TRIBUNAL INDEPENDENCE CONSTITUTIONAL FOUNDATION INDEPENDENT APPOINTMENTS-RENEWAL BODY
Following up on the Epiphany article, the author presents the legal argument in support of the need for an independent, appointments-renewal body.
Tribunal Independence – The Constitutional Foundation – An Epiphany Moment on the Road to Tribunal Justice
The writer reports on an epiphany in his understanding of the basis for the constutional protection of the independence of tribunals.
Judicial Tribunals – Ontario’s Appointment and Reappointment Policies – Drilling Down
Ontario’s judicial tribunal appointment and reappointment policies destroy independence and impartiality and guarantee less than optimal expertise and competence
TRIBUNAL APPOINTMENT AND REAPPOINTMENT POLICIES FACE ONTARIO COURT CHALLENGE
Democracy Watch has filed an action in the Ontario Superior Court challenging the lawfulness of Ontario’s tribunal appointment and reappointment policies
Written Hearings v. Oral Hearings – the 2.5-times Factor
In a recent Lawyer’s Daily article by John Schofield, reference was made to a U.K/ study that established that oral hearings were 2.5 times more likely to produces a favourable result for claimants than a written hearing.
Tribunal Watch Ontario
New Sheriff in Town There is a new sheriff in town – an organization just getting itself up and running called Tribunal Watch Ontario. It has emerged in response to the Ford government’s ferocious and devastating attack on Ontario’s system … Tribunal Watch Ontario Read More »
Now this is really interesting – A Framework of Excellence Against which to Measure your Tribunal
On the Canadian Council of Administrative Tribunals website (ccat-ctac.org) one now finds an invitation to tribunals to participate in a Department of Justice pilot project designed to examine how Federal administrative tribunals measure up against a Tribunal Excellence framework that … Now this is really interesting – A Framework of…
Administrative Justice – Ford’s Abuse – Terminological Reflections
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.
Administrative Justice – Back to the Future
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.
Tribunal Decision-Making – Why are Oral Hearings so Efficacious?
Oral hearings work better not because sad stories undermine an adjudicator’s objectivity but because oral hearings always produce more information.
TRIBUNAL DECISION-MAKING – THE INFLUENCE OF ORAL HEARINGS ON OUTCOMES
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.
Emasculation of Tribunals Ontario Response to Comment re possible increase in number of jr applications
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.
The Emasculation of Tribunals Ontario Cases in point and a Projection
Since June 2018, the Ford Government has emasculated the tribunals within the Tribunals Ontario structure. Here’s the story.
Patronagizing the administrative justice system? Are year-or-less appointments part of a plan?
Reasons to think recourse to one-year or less appointments may be a Ford Government strategy for patronagizing the administrative justice system.
Premonitory Stats Postscript: “Vacancies” Assumption in Question
This postscript to the Nov 27, Premonitory Stats post identifies the possibility that the “vacancies” number in the original post may not be reliable – possible need to add an unknown number of “abandoned” positions.
ONTARIO’S ADJUDICATIVE TRIBUNALS APPOINTMENTS/REAPPOINTMENTS PREMONITORY STATS
A November 23 study of PAS stats on adjudicative tribunal appointments shows that the government has prepared for a large reduction in the number of adjudicators in Ontario’s adjudicative tribunals
Competition Out, Patronage In – Ford’s new system for appointing Ontario Provincial Court Judges
The Ontario AG has announced changes to the appointments process for Provincial Court Judges that are calculated to patronagize the process.
Adjudicative Tribunals – Is the Unjust Budgets Constitutional Argument Still Valid?
The validity of the Unjust Budgets article has renewed relevance in light of the BC Court of Appeal decision in Walter v. BC
Administrative Justice in the Ford Era – the Crisis Continues.
On February 1, 2019, Ellis post a blog alerting readers to the damage the Ford government was doing to Ontario’s adjudicative tribunals. Here is an update.
Administrative Justice Reform – 10,000 hits
Administrative Justice Reform A Milestone Moment – 10,000 hits
UNJUST BUDGETS – Constitutionally Valid?
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.
What the Harris Government did to the administrative justice system
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.
September 18 meeting – Clarification
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 … September 18 meeting – Clarification Read More »
LEGAL REMEDIES POSTSCRIPT
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…
REFUSED YOUR REAPPOINTMENT? HERE’S AN OPPORTUNITY
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.
Refused Reappointments Legal Remedies Group Action
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 … Refused Reappointments Legal Remedies Group Action Read More »
On the Sidelines, No Place for Lawyers
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.
Adjudicative Tribunals – Ocean Port or the Rule of Law
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[1], a reminder of the constitutional argument would seem to be…
Parkdale to close!!!
While the Ford government is busy destroying the independence and impartiality of our administrative justice tribunals, it is also wreaking havoc with the legal aid services on which much of the advocacy before those tribunals depend. Now comes news that … Parkdale to close!!! Read More »
Administrative Justice In The Ford Era – No. 3 In The Series
In this, the third post on Ford’s administrative-justice policies, the topic is the remedies that would present themselves were it found that, notwithstanding Ocean Port, the unwritten, constitutional principle of judicial independence does apply to adjudicative tribunals – a proposition at issue in current appeal proceedings in Walter v. BC.
Administrative Justice in the Ford Era: No. 2 in the Series
In this post, Ellis begins to examine the legal bases for court-challenges of the Ford executive branch’s regressive policies concerning the administration of the Province’s adjudicative tribunals and their members.
Administrative Justice in the Ford Era – A System in Crisis
After Harris, Ontario’s administrative justice system had become a generally admired system. This post describes the features of that system as it existed pre-Ford; outlines the retrograde policies that have been introduced by the Ford administration; and projects the consequences that will surely follow.