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.
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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.