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.
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 »