Tuesday, May 3, 2022

Callaghan J. Ontario High Court of Justice Decision in Favour of Peter Clarke 1981

 In 1981, Peter Clarke, through his lawyer, W. Ross Hitch, sued the Clarkson Co. Ltd and the government of Ontario (HER MAJESTY, and the Legislative Assembly of the Province of Ontario), for illegally enacting and passing the following legislation that “was frustrating the laws of the Dominion and the provincial Legislature has no mandate to supplement federal legislation.”

“An Act respecting Certain Potential Assets of Co-operative Health Services of Ontario”

Callaghan J. Ontario High Court of Justice Decision in Favour of Clarke

The Act in assuming to protect potential estate assets and thereby directly frustrating a compromise arrangement negotiated by the liquidator under the Winding-up Act is, in my view, legislation in relation to matters falling directly within the subject of insolvency and is, accordingly, ultra vires. The declaration sought will be granted and the question of law propounded will be answered in accordance with these reasons. [27] Application granted.




PS Conceivably, if there had been internet crowdfunding availability at the time, one could have continued a lawsuit against all members of the legislature, their respective political parties and leaders, for Breach of Trust, Deralection of Duty, and neglect of official duty for an improper and ultra vires purpose under criminal and civil laws. As citizens, we all unfortunately over the years continue to witness that our elected officials and their political party leaders and others in government seem never to be accountable for such actions!