What Authorities Are Included in BOA Vol.2 McLean v. HMTK?
This page contains Volume 2 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 2 spans Tabs 163–322 and completes the two‑volume BOA that forms the constitutional, statutory, and jurisprudential foundation of the Applicant’s action. Whereas Volume 1 establishes the core constitutional and administrative‑law framework, Volume 2 contains the upper‑range authorities, advanced jurisprudence, and specialized materials required to adjudicate the Crown liability issues raised in the Newmarket proceeding.
Volume 2 includes authorities addressing Charter damages, Crown immunity and its limits, misfeasance in public office, negligent investigation, abuse of process, systemic administrative misconduct, and the obligations of public bodies under the Crown Liability and Proceedings Act. It incorporates leading Supreme Court of Canada and Ontario Court of Appeal decisions on constitutional remedies, state accountability, procedural fairness, bias, independence, and the duties owed by statutory decision‑makers when interacting with members of the public. These authorities are organized to demonstrate the systemic nature of the procedural failures encountered by the Applicant across multiple public bodies, including the LAT, the RCMP, the Attorney General of Ontario, and the Tribunal’s legal unit.
Volume 2 also integrates authorities relevant to 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 reinforce the Applicant’s position that the procedural irregularities, record‑integrity failures, and statutory non‑compliance documented in the JRPA proceeding form part of a broader pattern of administrative dysfunction relevant to the Crown liability issues raised in the Newmarket action.
This volume contains the jurisprudence supporting 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. The authorities in Volume 2 contextualize this revelation within the broader doctrines of procedural fairness, abuse of discretion, and administrative accountability.
Tabs 163–322 include authorities on: constitutional damages; state misconduct; negligent investigation; misfeasance in public office; Charter section 24(1) remedies; Crown liability for administrative failures; record‑integrity doctrine; bias and recusal; procedural irregularities; and the obligations of public bodies to maintain accurate records, comply with statutory deadlines, and act in good faith. These 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 2 also integrates references to the Applicant’s Compendiums, Motion Records, Draft Orders, and Volume 1 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 2 stands as the concluding 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.