The recent case Ontario Deputy Judges Association v. Ontario (2009 Ontario Superior Court – Divisional Court) deals with the rate of pay appropriate for Deputy Judges in Ontario.
Deputy Judges work in Ontario’s Small Claims Court, which is the busiest Court in the province. Over 25 years ago, the jurisdictional limit of Small Claims Court was to hear matters involving no more than $1,000 in dispute. In 2001, the jurisdictional limit increased to $10,000. It is anticipated that in a few months, in January, 2010, that Ontario’s Small Claims Court will have jurisdiction over matters up to $25,000 – you can see our March 11, 2009 blog for further details.
A Commission was set up in 2006 to review the pay of Deputy Judges, which in 2006 was a daily rate $232.
In late 2007, the Commission made the recommendation that Deputy Judges be paid a daily rate of $475 in 2005 and suggested increases in this rate annually until 2009 (whereby the 2009 daily rate would be $750).
The government accepted the $475 daily rate, but then applied a lower rate of increase to each year, so that the 2009 daily rate would be $528.
After analysis of the applicable legal test to reviewing the government’s decision here, the Court held that the government properly exercised its right to set the pay scale in this instance.
Toronto Insurance Litigation Lawyer