Category Archives: Miscellaneous

WSIB AND SOME OF THE EVIDENCE IT WILL HAVE TO CONFRONT IN CASTRILLO

INTRODUCTION The author’s March 10, 2017, post in this website described the highlights and implications of the Court of Appeal decision in Castrillo, the Fink & Bornstein class action against Ontario’s WSIB. The class action claims that the Board was guilty of misfeasance in public office when, from circa January 2012 to November 2014, it View Post

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Tribunal Adjudication, Post # 2 – oral hearings important mostly because of the additional information they provide

The UCL empirical study of tribunal adjudication referred to in the previous post which shows that disability claims are 2.5 times more likely to be successful if the tribunal’s decision follows an oral hearing, also examined why that might be so. And, contrary to what one suspects some program administrators are prone to think, the View Post

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Dissembling Statistics in Workers’ Compensation Systems

INTRODUCTION “dissemble” – to give a false or misleading appearance. The concept of “dissembling statistics” is conveniently illustrated in Chapter Three of Charles Wheelan’s 2012, New York Times best-selling book, “Naked Statistics: Stripping the Dread from the Data”, where the author cites the classic example of the George W. Bush administration’s claim that 92,000,000 Americans View Post

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Employment Insurance – administrative justice gone awry again

For an account of what has gone wrong with the Harper government’s plan for adjudicating employment insurance claims, see: http://rabble.ca/blogs/bloggers/progressive-economics-forum/2016/12/new-ei-appeals-process-isnt-working-heres-why RE (48)

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Administrative Justice – WSIB ‘paper doctors’ – Not a Systemic Problem? HANG ON A MINUTE.

INTRODUCTION On Sunday July 10,  the Toronto Star’s front-page headline read: WSIB review defends use of ‘paper doctors’. The reference to the Ontario WSIB’s “paper doctors” first appeared in a November 2015 report by the Ontario Federation of Labour and the Ontario Network of Injured Workers’ Groups entitled “Prescription Overruled”.   That report alleged that View Post

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Unjust by Design Replayed – Post # 7: Making Tribunal Decisions “Alike” – the Court of Appeal Weighs In

 Another in the “Replayed” series. For the introduction to the series, see “Unjust by Design Replayed”, Post #1 below. In the passages quoted from Unjust by Design, footnotes are omitted and context-clarifying notes sometimes [added] THE PROBLEM OF “UNLIKE” TRIBUNAL DECISIONS Post #6 in the “Unjust by Design Replayed” series addressed one of the most important of View Post

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Administrative Justice Adjudicators – Chicken Pluckers? Really?

INTRODUCTION I am indebted to a colleague for bringing the following entry in the Labor and Employment Section of the ABA (American Bar Association) Journal to my attention. The url link below will take you to the ABA Journal and a January 26 report on a U.S. judge’s decision rejecting the argument of an association View Post

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Administrative Justice adjudicators – Ontario’s 10-year cap – an appointments tsunami coming to a tribunal near you

THE CAP TSUNAMI It is time that this site turned its reader’s attention to the looming appointments tsunami for Ontario tribunals.  I refer to the 10-year cap on tribunal service for OIC appointees; a policy introduced several years ago and whose chickens are coming home to roost in a big way in 2016/2017. THE DISASTROUS View Post

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Administrative Justice – the 10-year appointments cap but, first, AN APOLOGY

It has been over a month since I last posted anything for you to read and I want to apologize for the delay. Heaven knows it is not that on the subject of administrative justice system reform there is nothing to write about, but distractions piled up during the last month, and I could not find View Post

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Administrative Justice: Fixed Terms incompatible with Independence – SCC Agrees

In my September 23, 2013, post, I referenced the Manitoba Attorney General’s argument filed in the Senate Reference that fixed terms for Senators were incompatible with the concept of independence – the independence that was so essential to the Senators’ role of providing a sober second thought. My point was that if true for senators, View Post

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