(7) The salary, pension benefits, other benefits and allowances of the Small Claims Court Administrative Judge are subject to the recommendations of the Provincial
Judges Remuneration Commission and, for the purpose, the Small Claims Court Administrative Judge is deemed to be a provincial judge under the framework agreement set out in the Schedule to this Act.
51.13 (1) The committee known as the Provincial
Judges Remuneration Commission in English and as Commission de rémunération des juges provinciaux in French is continued.
This agreement, signed by the provincial government and the judges of the Provincial Division (as represented by the Ontario Judges Association and the Ontario Family Law Judges Association), created the Provincial
Judges Remuneration Commission and introduced «binding arbitration» to the salary negotiations of the judges.
Not exact matches
A cynic would likely view and categorize «ëxcessive» executive compensation /
remuneration as nothing more than a legal loop hole to what some people (i.e., the Chicago
Judge in Conrad Black's case) would.
«The Provincial Court
Judges»
Remuneration Tribunal has no authority to, and does not, make recommendations on justices» r
Remuneration Tribunal has no authority to, and does not, make recommendations on justices»
remunerationremuneration.
In the latest in a series of legal disputes over salaries, the court was asked to assess the
remuneration and associated benefits for
judges of the Provincial Court of British Columbia for the third time in four years.
In Provincial Court
Judges» Association of British Columbia v. British Columbia (Attorney General), the government proposed raises of 1 per cent, 1 per cent and then 1.5 per cent over the three - year period of 2014 - 17, which was less than what the Judicial Compensation Commission, an independent body that oversees judges» remuneration, had recomm
Judges» Association of British Columbia v. British Columbia (Attorney General), the government proposed raises of 1 per cent, 1 per cent and then 1.5 per cent over the three - year period of 2014 - 17, which was less than what the Judicial Compensation Commission, an independent body that oversees
judges» remuneration, had recomm
judges»
remuneration, had recommended.
But if the Attorney General and the amicus can not agree on what the former is to pay the latter, then according to the dissent, the
judge should set the rate of
remuneration.
It is fair to say that provincial governments have increasingly come to appreciate the constitutional recognition of this status when it comes to working conditions and
remuneration of Provincial Court
judges.
The majority makes much of the idea that allowing
judges to set the rate of
remuneration for amici, whether acting as defence counsel or not, would undermine the current legal aid system paras 55, 72 - 73, 77).
«The constitutional guarantee of a minimum acceptable level of judicial
remuneration does not shield
judges from sharing the burden of difficult economic times, to limit increases.»
As the Advocate General Saugmandsgaard Øe pointed out (here), the ECJ was in essence asked to «determine whether there is a general principle of EU law that the authorities of the Member States are required to respect the independence of the national
judges and, more particularly — in the light of the circumstances of the main proceedings — to maintain their
remuneration at a constant level that is sufficient for them to be able to perform their duties freely.»
Financial security provides an arm's length mechanism, through a special
remuneration commission, for determining the salaries and benefits of
judges.
The above arguments are based upon the constitutional law doctrine of «structural argumentation» (see: Robin M. Elliott, «References, Structural Argumentation and the Organizing Principles of Canada's Constitution» (2000), 80 Canadian Bar Review 67, and decisions such as the, Reference Re Manitoba Language Rights, [1985] 1 S.C.R. 721, [1985] S.C.J. No. 36, the, Reference Re Secession of Québec, [1999] S.C.J. No. 4, [1998] 2 SCR 217, and the, Reference re
Remuneration of
Judges, [1997] S.C.J. No. 75, [1997] 3 S.C.R. 3, to argue that the need for access to the rule of law, and to constitutional rights and freedoms, dictate that law societies in Canada can not enforce a monopoly over the provision of legal services that enables their members to charge fees of whatever size they see fit.
(2) A
judge acting under subsection (1) shall not receive any
remuneration but shall be reimbursed for reasonable travelling and other expenses incurred while so acting.
Rheinallt Williams v Robin Williams & Ors: ChD (Companies Court)(
Judge Jarman QC) 27/9/2011 Succeeded in establishing unfair prejudice at the trial of a petition concerning diversion of corporate opportunities and payment of excessive
remuneration.
The development by the
judges» associations of the framework agreement to settle issues of
remuneration.
Exercising its discretion in place of the trial
judge, it ordered part of the receiver's
remuneration to be paid, not out of assets subject to the receivership, but by the defendant commissioners.
In reaching that conclusion, the motion
judge found that, upon the sale, Mr. Krishnamoorthy's
remuneration and duties, and the substance and nature of the business, all remained the same.
Born 1950; lawyer (1974 - 80); law degree from the University of Athens (1973); diploma of advanced studies (DEA) in labour law from the University of Paris II, Panthéon - Sorbonne (1977); national expert with the Legal Service of the Commission of the European Communities (1988 - 1990), then Principal Administrator in Directorate General V (Employment, Industrial Relations, Social Affairs)(1990 - 1994); Junior Officer, Junior Member and, since 1999, Member of the Greek Council of State; Associate Member of the Superior Special Court of Greece; Member of the Central Legislative Drafting Committee of Greece (1996 - 98); Director of the Legal Service in the General Secretariat of the Greek Government (1996 - 1998);
Judge at the General Court of the European Union (1998 to 2010, President of Chamber from 2004 to 2010); Member of the Supreme Council for Administrative Justice (2011 - 2012); Member of the Special Court for Disputes relating to the
Remuneration of
Judges and of the Special Court for Actions against
Judges (2013 - 2014); Member of the Advisory Panel of Experts on Candidates for Election as
Judge to the European Court of Human Rights (2014 - 2015); Member of the Committee responsible for giving an Opinion on Candidates» Suitability to perform the Duties of
Judge at the European Union Civil Service Tribunal (2012 - 2015); Lecturer in European Law at the National School for the Judiciary (1995 - 1996 and 2012 - 2015);
Judge at the Court of Justice since 7 October 2015.
Note 2: Under subsection 7 (4) of the
Remuneration Tribunal Act 1973, the Remuneration Tribunal may determine any matter significantly related to the remuneratio
Remuneration Tribunal Act 1973, the
Remuneration Tribunal may determine any matter significantly related to the remuneratio
Remuneration Tribunal may determine any matter significantly related to the
remunerationremuneration of
Judges.