Given how fast the courts are these days to find a conflict of interest among lawyers, is it surprising that they will often be pretty picky
about adjudicators?
Since representatives talk to each other
about adjudicators, that lack of trust can spread within the representatives» community.
Not exact matches
Christine Tacon, the groceries code adjudicator, said she had «no concerns at all» about the size of the supermarkets as scale does not affect...
We heard
about the new supermarket
adjudicator appointed under the UK's mandatory supermarket code of conduct, and how she intended to exercise her powers, including by the imposition of «punitive fines» based on a percentage of turnover in the event of repeated abuses of market power down the supply chain by the supermarket majors.
In the
adjudicator's decision last August, he wrote that «The diocese... has published guidance to schools on admissions and this is where I would expect to see such religious activities laid out if they are to be [permitted]... However, the guidance is silent on this matter» — and therefore, while being wrong
about the silence, correctly concluded that paragraph 1.9 i is breached.
When we review and edit letters of recommendation, our goal is for each letter to «spoon - feed» the most interesting information
about the research to INS; to explain the relevance of the research so that the
adjudicator understands that he or she will personally benefit from this research; and to leave the
adjudicator with a feeling of excitement that he or she is aiding science by bringing an excellent scientist permanently to the United States.
UK
About Blog The BBRC is the official
adjudicator of rare bird records in Britain.
Concerns
about admission arrangements continue to make up the largest part of the work of the Office of the Schools
Adjudicator (OSA) and accounted for 100 of the total of 163 new cases of all types referred to OSA.
«Parents will still be able to make complaints
about any aspect of school admissions that they feel are unfair and the
adjudicator will still have to investigate those complaints.
Recent discussions
about restrictions on former judges practicing law serve as a useful framework for a discussion on appropriate restrictions on former
adjudicators.
It argued though that responding to the followup request, which asked for current details
about its IMSI - catcher use, might generate too many «hits» and cause computer problems — a reasoning rejected by
adjudicator John Higgins this summer.
When judges and
adjudicators present their analyses and the corresponding legal result, they are usually careful to precisely outline their findings
about the relevant factors.
In previous articles, we have written
about how Canadian Human Rights legislation confers broad powers on
adjudicators to make damage awards for wage and other financial loss, for damage to dignity, feelings or self - respect, and for exemplary damages to drive home the heinous nature of impugned conduct; to order employers to institute educational programs; or to do other pro-active things to secure compliance with the Code.
Many
adjudicators complain
about representatives asking witnesses to read documents out loud that are already part of the record.
When Ms. Garland first brought her concerns
about the customer's behavior to Mr. Tackaberry's attention, Mr. Tackaberry was found by the
Adjudicator to have responded in a reasonable way by cautioning the customer and urging him to keep his distance from the employee.
Many of these observations
about lawyers also apply to other kinds of legal professionals, paralegals, notaries, mediators, and
adjudicator.
Presiding tribunals and courts, in Ontario and elsewhere, are likely to be wary
about carving out exceptions to human rights legislation, and an individual's position or title in the workplace is unlikely to be the end of a judge or
adjudicator's analysis when it comes to such matters.
If the
adjudicator has not asked
about any accommodation needs of the parties, the opening statement can be used to alert the
adjudicator to any accommodations that might be needed in the hearing, such as witness availability and any time constraints.
The length of an opening statement also depends on how much the
adjudicator can be expected to know
about the file.
An SRA
adjudicator found that Simranjit Singh, who was employed in Irwin Mitchell's Sheffield office, fabricated two emails and a faxed document, provided incorrect information to clients
about settlement of their cases, failed to inform clients and a defendant
about offers to settle the claims, and failed to notify the court a hearing was not needed, resulting in a wasted costs order.
Another concern
about allowing parties to withdraw consent after the mediation has commenced is the risk of «
adjudicator - shopping ``.
Clinic hoped that looking at some real life scenarios would enlighten
about the difficulty that WSIB
adjudicators are having applying policy.
As I have written
about previously, Ontario is implementing term limits of 10 years for
adjudicators.
Self - represented applicants at the Human Rights Tribunal of Ontario have raised the issue of bias directly or indirectly through expressed concerns
about lawyers on the Tribunal's practice advisory committee appearing for respondents: see Guilmoutdinov v. Ontario College of Teachers (2009 HRTO 2130), for example, where the
adjudicator noted that advisory committees were frequently used by tribunals to promote responsiveness to the communities they serve and concluded that membership on the committee did not create a reasonable apprehension of bias.
A mediator is typically not used as an
adjudicator to make the decisions on behalf of the parties, but rather used to facilitate the parties» communications in order for the parties to make decisions
about the terms of their agreement.
This was because there had been «persistent discord» between
adjudicators about whether or not the Code allowed dismissal without cause, which had existed for many years and required the FCA to act as a tie - breaker.
With these caveats in mind, the initiatives in the UK nevertheless remind us that it is crucial to the ongoing project of endeavouring to achieve justice in sexual assault trials that
adjudicators (as well as other legal actors) disabuse themselves of discredited myths and stereotypes and apply sexual assault laws free from «ignorance, prejudice, and / or misconception
about rape» (see Ellison & Munro, «A Stranger in the Bushes or an Elephant in the Room?
The concern
about public activity of
adjudicators mostly relates to perceptions of impartiality.
In another discussion, a bencher colleague raised the same issue worrying that the nature of discipline adjudication could suffer by the use of those skilled as
adjudicators rather than by those elected by, knowledgeable
about, and supportive of, the profession.
Another issue raised in Convocation was
about increasing use of appointed non-bencher
adjudicators.
Requiring the
adjudicator to consider claims under multiple construction contracts could involve potentially extensive documentary evidence
about other contracts.
In the column I talk
about the benefits of opening statements by parties and the
adjudicator.
When you want to put a document into evidence so you can talk
about it to the
adjudicator, you should describe the document you are referring to and ask the
adjudicator to mark it as an exhibit.
As reported here and here, concerns had been raised by the Chief
Adjudicator, Dan Shapiro,
about the fees and practices of certain lawyers and form filling agencies associated with them.
And how
about all the other minority big law Partners, Managing Partners, Human Rights Tribunal
Adjudicators, et al.?
More discussion is needed within the
adjudicator community
about what mentorship guidelines for
adjudicators should contain, but here is my initial list of areas that need to be addressed in guidelines:
In one Canadian case, an
adjudicator consistently denied a prison duty counsel's joint submissions and made unfounded complaints
about her to Legal Aid Ontario.
A recent decision rendered by an Ontario Arbitrator raises questions
about the hard line that seemed to have been taken by
adjudicators as a result of An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters (formerly Bill 168), which amended the Occupational Health & Safety Act in order to address workplace violence and harassment...
Mr. Groia's appeal also raises the important issue of how law society disciplinary panels may use comments
about a lawyer's conduct made by an
adjudicator in a prior proceeding.
In the case against the HRTO and University of Windsor, the
adjudicator had dismissed Visic's complaint of discrimination against the university because she had also commenced a civil action against the school
about the same matter and based on the fact her complaint was filed more than a year after the incident the complaint related to.
Concerns have been raised
about the policy and its impact by the Society of
Adjudicators and Regulators (SOAR), the Ontario Bar Association and Ontario's Ombudsman.
UK
About Blog The BBRC is the official
adjudicator of rare bird records in Britain.
UK
About Blog The BBRC is the official
adjudicator of rare bird records in Britain.