Constitutional law -- Validity of legislation -- Provincial legislation on insolvency -- Ultra vires.

In 1981, I found myself, along with my solicitor the late W. Ross Hitch on my behalf, embroiled in a legal battle that would ultimately reveal a troubling abuse of power by the Ontario Legislature. Through the passage of legislation, the government effectively froze and seized all my assets, an action that was later determined to be illegal. Despite the clear violation of my rights, rectifying this injustice came at an exorbitant cost, nearly reaching one million dollars in legal fees.

Throughout the ordeal, it became evident that the elected representatives, spanning various political parties, had acted unlawfully. Despite their sworn duty to uphold the law and serve the people, they failed to do so, instead choosing to wield their power in a manner that trampled on my rights.

Years have passed since those events unfolded, yet not a single member of the legislature or political party involved has extended an apology for their egregious misconduct. Their refusal to acknowledge their wrongdoing serves as a stark reminder of the impunity with which those in positions of authority can act and the enduring consequences faced by those who dare to challenge their abuses of power.

Here is the summarized detail:

In the case of Hitch et al. v. Clarkson Co. Ltd. et al., the applicants were involved in a legal dispute regarding the sale of properties owned by a cooperative corporation, Co-operative Health Services of Ontario (Co-op). The liquidator of Co-op, Clarkson Company Limited (Clarkson), claimed an interest in the proceeds of the sale. However, an agreement was reached between the liquidator and the applicants for the distribution of the proceeds, subject to certain conditions.

Subsequently, the Legislature of Ontario enacted the Co-operative Health Services of Ontario Assets Protection Act, 1981, which aimed to preserve the funds from sale until all matters related to the distribution of the Co-op's assets were determined. This Act directly interfered with the agreement between the liquidator and the applicants by imposing restrictions on the distribution of the funds.

The applicants challenged the Act, arguing that it was ultra vires (beyond the powers) of the Ontario Legislature as it intruded into federal jurisdiction over insolvency matters. The Court agreed, stating that the Act infringed on the administration of the insolvent's estate and attempted to supplement federal insolvency legislation, which was beyond the province's authority.

Therefore, the Act was deemed invalid, and the applicants' challenge was successful.

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, Dereliction 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 held accountable or liable for such actions!

 

Hitch et al. v. Clarkson Co. Ltd. et al.;

Attorney-General for Ontario (Intervenant)

(1982), 35 O.R. (2d) 252

ONTARIO HIGH COURT OF JUSTICE

CALLAGHAN J. 16TH OCTOBER 1981

Constitutional law -- Validity of legislation -- Provincial legislation on insolvency -- Ultra vires.

Document @ https://www.canlii.org/en/on/onsc/doc/1981/1981canlii1741/1981canlii1741.html