Law Times

PAGE 2 NEWS September 19, 2011 • Law timeS former Crown attor- ney who demanded more than $1 million in damages for what he said was a broken promise to appoint him to the bench has had his claim tossed out by a judge. Don Angevine claimed then- attorney general Howard Hamp- ton called him in December 1992 to congratulate him on his appointment but told him that he'd have to wait to make it of- fi cial because of a mix-up over the number of vacancies available. Granting the province's motion Ex-Crown loses $1M suit over promised judicial appointment A BY MICHAEL McKIERNAN Law Times for summary judgment to dis- miss the claim, Ontario Superi- or Court Justice Dale Parayeski said in a Sept. 8 ruling that ju- dicial appointments couldn't be the subject of a contract. "A judicial appointment is a discretionary, executive function of cabinet and of no one else," Parayeski wrote. "Such a con- tract would impair judicial inde- pendence, would fetter the gov- ernment's discretion to act in the best interests of the public, and would undermine public con- fi dence in the judicial system. Because of these factors, a con- tract of this kind would be con- trary to public policy and thus unenforceable, if not illegal." Even if judicial appointments could be the subject of a con- tract, Parayeski said there wasn't one in place in Angevine's case. During his evidence, Hampton said he routinely called candi- dates he planned to recommend to cabinet, which had the fi nal decision on appointments. Th e chance to recommend Angevine never came, however, because within months of the phone call, Hampton left the attorney general's offi ce. He said he passed on Angevine's name to his successor, but the appoint- ment was never forthcoming. "Th e plaintiff knew or ought to have known that the at- torney general could not bind cabinet to accept his recom- mendation," Parayeski wrote. Angevine began working as an assistant Crown attorney in 1977. Besides the call from Hampton, Angevine claimed he met with the regional senior justice for Brampton, Ont., to discuss his new job and training. He also said he was strung along by reassurances from an offi cial in the Ministry of the Attorney General after Hampton had left. Angevine spent the bulk of his working years in Brantford, Ont., before retiring in 2006, which is when he claimed the limitation period began on his action. But Parayeski dis- agreed, citing evidence that Angevine had begun drafting his claim as early as 2000. Th at, he wrote, constituted "clear evidence that at that time, he had the requisite subjective knowledge of the material facts upon which his claim is based, if not sometime earlier." Even allowing for the most generous limitation period of six years claimed by Angevine, his move to fi le the action in 2007 fell outside the deadline. Angevine has 30 days to con- sider an appeal. His lawyer says there's no decision on that yet. THE FIRST CANADIAN LEGAL TEXT ON VULNERABLE PEOPLE VULNERABLE PERSONS: PROTECTION AND REMEDIES IN CANADA LYNN KIRWIN Get access to the legal remedies available for the protection of persons in vulnerable circumstances in the common law provinces of Canada. Vulnerable Persons: Protection and Remedies in Canada fills the gap in much-needed legal literature. Designed for easy navigation, it covers four types of vulnerable persons, organized by chapter: 1. Youths who fall outside the scope of child protection laws and adults who suffered child abuse 2. Spouses 3. The elderly 4. Medical patients and persons with disabilities ORDER # 983654-67119 $230 1 volume looseleaf supplemented book Supplements invoiced separately 978-0-7798-3654-3 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. ORGANIZED FOR EASY NAVIGATION The book strategically organizes each chapter by vulnerable person, including relevant abbreviated legislation and case law with extensive commentary – all by jurisdiction. Navigating the entire resource is easy. Features include a table of contents, table of cases and topical index. Regular updates keep you current with the law. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 www.lawtimesnews.com

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