The defendant, His Majesty the King in Right of Ontario, brought a motion to strike the plaintiff's, Scott McAnsh's, proposed class action claim.
The plaintiff, a former adjudicator with a fixed-term appointment to the Assessment Review Board, sued for breach of contract, alleging that the government's failure to reappoint him after his term expired constituted a termination of employment and violated a promise of extended tenure.
The court dismissed the action, holding that statutory appointments to administrative tribunals are not employment contracts, and there is no legal obligation or right to reappointment after a fixed term expires.
The court affirmed that the decision to reappoint rests solely with Cabinet's discretion, which cannot be fettered by alleged promises or political considerations, and that fixed-term appointments are consistent with adjudicative independence.