What Authorities Support McLean v. His Majesty The King?
This page contains Volume 1 of the Applicant’s Book of Authorities for McLean v. His Majesty The King, filed in the Superior Court of Justice (Newmarket) in support of the Applicant’s ten‑million‑dollar claim against the Crown. Volume 1 spans Tabs 1–162 and consolidates the foundational constitutional, statutory, jurisprudential, and administrative‑law authorities relied upon in the Applicant’s action. It forms the first half of a two‑volume BOA designed to provide the Court with a complete legal framework for assessing Crown liability, Charter breaches, administrative misconduct, record‑integrity failures, and the procedural history underlying the Applicant’s claims.
Volume 1 includes authorities addressing the Crown’s obligations under the Constitution Act, 1982, the Charter of Rights and Freedoms, the Crown Liability and Proceedings Act, the Judicial Review Procedure Act, the Statutory Powers Procedure Act, and the common‑law doctrines governing fairness, independence, bias, and procedural integrity. It incorporates leading Supreme Court of Canada and Ontario Court of Appeal decisions on administrative law, constitutional remedies, state accountability, abuse of process, misfeasance in public office, and the duties owed by public bodies to individuals engaged in statutory processes.
This volume also documents the Applicant’s cross‑jurisdictional litigation history, including the Divisional Court JRPA proceeding (McLean v. TDHA et al), the Federal Court ATIP/RCMP proceeding (McLean v. RCMP), and related matters involving the Attorney General of Ontario. These authorities are organized to demonstrate the systemic nature of the procedural failures encountered by the Applicant across multiple public bodies, including failures to file records of proceeding, failures to comply with statutory deadlines, failures to provide required disclosures, and failures to adhere to constitutional and administrative‑law standards.
Volume 1 further includes authorities relevant to the Applicant’s discovery — made possible only after the launch of the Ontario Courts Public Portal in October 2025 — that no Respondent in the related JRPA proceeding had properly filed or delivered Notices of Appearance under Rule 38.07 and Rule 1.03. This procedural revelation is incorporated into the BOA as part of the Applicant’s broader argument that systemic non‑compliance by public bodies forms a critical backdrop to the Crown liability issues raised in the Newmarket action.
Tabs 1–162 contain jurisprudence on: Charter damages; Crown immunity and its limits; misfeasance in public office; negligent investigation; administrative fairness; bias and recusal; record‑integrity doctrine; abuse of discretion; procedural irregularities; and the obligations of statutory decision‑makers. The authorities are cross‑referenced to the Applicant’s pleadings, affidavits, chronology, and evidentiary record, allowing the Court to navigate the legal framework with precision. Volume 1 also integrates references to the Applicant’s Compendiums, Motion Records, Draft Orders, and the forthcoming Volume 2 of the BOA, creating a multi‑layered, cross‑linked legal archive.
This page forms part of LawCap’s public‑interest archive documenting constitutional accountability, Crown liability, administrative law oversight, and the systemic procedural failures encountered by self‑represented litigants. Volume 1 stands as the foundational legal pillar of the Applicant’s action against His Majesty The King, providing the Court with the authoritative framework required to adjudicate the ten‑million‑dollar claim and the constitutional issues arising from the Applicant’s interactions with multiple public bodies.