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Robert P. Armstrong

January 21, 2023

Robert Patrick Armstrong KC (born March 7, 1938) is a Canadian lawyer and retired judge. He served on the Court of Appeal for Ontario from 2002 until his retirement in 2013. Before serving on the bench, Armstrong was a partner at Torys and was lead counsel in the Dubin Inquiry on steroid use in Canadian sports. After leaving the bench, Armstrong joined Arbitration Place, a Canadian group specializing in alternative dispute resolution.

The Honourable
Robert P. Armstrong
KC
Justice Armstrong in 2017
Justice of the Court of Appeal for Ontario
In office
January 2002 – March 2013
56th Treasurer of the Law Society of Upper Canada
In office
1999–2001
Preceded byHarvey Thomas Strosberg
Succeeded byVern Krishna
Personal details
Born
Robert Patrick Armstrong

(1938-03-07) March 7, 1938 (age 84)
EducationCarleton University (BA)
University of Toronto (MA, LLB)
Law Society of Upper Canada (LLD, honoris causa)

Early life and career

Armstrong was born on March 7, 1938.[1] He was a student at Carleton University, the University of Toronto, and the London School of Economics. He earned his LLB from the University of Toronto Faculty of Law in 1965 and was called to the bar two years later in 1967.[2] Armstrong began practicing law with Kimber, Dubin in Toronto.[3]

Armstrong joined Torys in Toronto in 1972, where he would stay until his 2002 appointment to the Ontario Court of Appeal.[2] Armstrong became a partner at Torys in 1973, and was appointed a Queen's Counsel in 1978.[3]

Armstrong was commission counsel in the 1981 Grange Commission on Railway Safety, which was formed to study the 1979 Mississauga train derailment.[3][4][5] According to the Los Angeles Times, Armstrong's "tenacious grilling" of witnesses in the Grange Commission bolstered his reputation.[6]

Armstrong served as lead counsel for the 1989 Dubin Inquiry, a federal inquiry launched after Ben Johnson's doping scandal at the 1988 Summer Olympics in Seoul.[7] Armstrong worked with his mentor Justice Charles Dubin, the chair of the inquiry, to guide the testimony of witnesses such as Ben Johnson, Angella Taylor-Issajenko, Charlie Francis about the extent of their anabolic steroid use and how they avoided discovery. The inquiry recommended random, unannounced drug-testing of athletes to deter the use of anabolic steroids.[7][8]

Armstrong has appeared in important cases including the 1995 case of Hill v. Church of Scientology of Toronto in the Supreme Court of Canada.[3][9]

Armstrong was a bencher of the Law Society of Upper Canada from 1995 to 2002 and the 56th Treasurer of the Law Society of Upper Canada from 1999 to 2001.[10] He is also a former member of the Board of Regents of the American College of Trial Lawyers,[11] and the former president of the Canadian Institute for Advanced Legal Studies.[12][3]

Ontario Court of Appeal

Armstrong was appointed to the Ontario Court of Appeal on January 25, 2002.[2][3] He was one of the last judges on the Court of Appeal to not have previously held a judicial position, which was previously a widespread practice for federal appointments.[13] In October 2002, Armstrong was awarded a Doctor of Law (LLD) honorary degree by the Law Society of Upper Canada for his contributions to Canadian law.[3][14]

In December 2008, Armstrong wrote the majority decision upholding a lower court's decision that unions cannot force courts to enforce fines it imposes on its members who cross picket lines. Armstrong, with Justice Paul Rouleau concurring, found that the union's constitution created a power imbalance with its members, making it unconscionable for the court to enforce the fines. Armstrong's colleague, Justice Russell G. Juriansz, dissented saying that the imbalance of power had not been abused and the workers were always free to leave the union.[15][16] The union in the case applied for leave to appeal the case to the Supreme Court of Canada, but the application was dismissed with costs.[17]

In February 2009, Armstrong wrote a decision holding that a defendant had correctly been found guilty of criminal harassment even though there was no previous contact and there was only a single incident, unlike the repetitive nature of traditional stalking cases. Armstrong wrote that this was because the defendant's actions – jumping out of a bush at the complainant and chasing her down a street – were "highly threatening and persistent" and had caused the complainant to reasonably fear for her safety.[18][19][20] The defendant's application for leave to appeal to the Supreme Court was dismissed.[21]

In February 2013, Armstrong, supported by the other two Court of Appeal judges hearing the case, dismissed the appeal in R v Fearon. Armstrong wrote that Fearon's right to privacy was not violated because a cellphone without password protection can be searched by police during an arrest without a warrant.[22][23] Armstrong's decision was appealed to the Supreme Court, which dismissed the appeal in a 4–3 decision in 2014.[24]

Armstrong became a supernumerary judge for the court in September 2012, and was replaced as a full-time judge by Peter Lauwers from the Ontario Superior Court of Justice.[25] Armstrong retired in March 2013 upon reaching the mandatory retirement age of 75.[1][3][26]

Post-judicial career

A year after retiring from the Court of Appeal in 2013, Armstrong joined Arbitration Place, a Canadian arbitration firm,[27] as a resident arbitrator and mediator.[28] Armstrong was also a  Distinguished Visiting Jurist for the 2013 – 2014 school year at the University of Toronto Faculty of Law.[29]

References

  1. ^ a b . www.pco-bcp.gc.ca. Privy Council Office. January 31, 2013. Archived from the original on 2017-10-06. Retrieved October 6, 2017.
  2. ^ a b c Moore, Christopher (2014). The Court of Appeal for Ontario: Defining the Right of Appeal in Canada, 1792–2013. University of Toronto Press. p. 213. ISBN 9781442650145.
  3. ^ a b c d e f g h "Brief Biographical Note of Justice Robert P. Armstrong (Retired March 7, 2013)". from the original on October 16, 2013. Retrieved August 26, 2014.
  4. ^ "Another Rail Disaster Bound to Happen". www.pressreader.com. The Toronto Star. March 2, 2012. Retrieved October 6, 2017.
  5. ^ Williams, Rachael (January 26, 2017). "'Culture of secrecy' surrounds transportation of hazardous materials | InsideToronto.com". InsideToronto.com. Retrieved October 6, 2017.
  6. ^ Harvey, Randy (March 1, 1989). "Canadian Drug Inquiry Reaches Crucial Phase". Los Angeles Times. ISSN 0458-3035. Retrieved October 6, 2017.
  7. ^ a b Ormsby, Mary; Hall, Joseph (September 24, 2008). "Ben Johnson scandal still haunts track world". The Toronto Star. ISSN 0319-0781. Retrieved October 5, 2017.
  8. ^ Janofsky, Michael (September 18, 1989). "Canadian Inquiry May Be a First Step". The New York Times. ISSN 0362-4331. Retrieved October 6, 2017.
  9. ^ . Archived from the original on September 7, 2014. Retrieved August 26, 2014.
  10. ^ "The Law Society of Upper Canada, List of Law Society Treasurers". Lsuc.on.ca. Retrieved 25 October 2014.
  11. ^ "Former Regents". www.actl.com. American College of Trial Lawyers. Retrieved October 6, 2017.
  12. ^ 2006, Ray Allen -. "Canadian Institute for Advanced Legal Studies". www.canadian-institute.com. Retrieved October 6, 2017.{{cite web}}: CS1 maint: numeric names: authors list (link)
  13. ^ Fine, Sean (December 16, 2014). "Tories appoint two conservative law professors as judges". The Globe and Mail. Retrieved October 4, 2017.
  14. ^ "MINUTES OF SPECIAL CONVOCATION, Toronto, Thursday, 3rd October, 2002, 2:30 p.m." (PDF). Law Society of Upper Canada. October 3, 2002. Retrieved October 6, 2017.
  15. ^ Brown, Louise (December 4, 2017). "Court won't enforce fines for crossing picket lines". The Toronto Star. ISSN 0319-0781. Retrieved October 6, 2017.
  16. ^ "Birch v. Union of Taxation Employees, Local 70030, 2008 ONCA 809 (CanLII)". CanLII. December 3, 2008. Retrieved October 6, 2017.[dead link]
  17. ^ "Union of Taxation Employees Local 70030 v. Jeffrey Birch and April Luberti, 2009 CanLII 23090 (SCC)". CanLII. May 7, 2009.[dead link]
  18. ^ Tyler, Tracey (February 3, 2009). "Lone incident ruled enough for criminal harassment". The Toronto Star. ISSN 0319-0781. Retrieved October 6, 2017.
  19. ^ Walter, Karena (February 4, 2009). . St. Catharines Standard. Archived from the original on 2017-10-06. Retrieved October 6, 2017.
  20. ^ "R. v. Kohl, 2009 ONCA 100 (CanLII)". CanLII. February 2, 2002. Archived from the original on 2015-05-06. Retrieved October 6, 2017.
  21. ^ "Kohl v. Her Majesty the Queen, 2009 CanLII 31957 (SCC)". CanLII. June 18, 2009. Retrieved October 6, 2017.[dead link]
  22. ^ Small, Peter (February 20, 2013). "Privacy rights: Police can search unprotected cellphone without warrant, appeal court rules". The Toronto Star. ISSN 0319-0781. Retrieved October 4, 2017.
  23. ^ . CanLII. February 20, 2013. Archived from the original on 2013-09-20. Retrieved October 4, 2017.
  24. ^ . CanLII. December 11, 2014. Archived from the original on 2015-02-10. Retrieved October 6, 2017.
  25. ^ Kauth, Glenn (December 17, 2012). "Feds appoint six lawyers to bench". Canadian Lawyers Magazine. Retrieved October 6, 2017.
  26. ^ Tyler, Tracey (May 24, 2011). "Ontario's top court could get Harper make-over". The Toronto Star. ISSN 0319-0781. Retrieved October 4, 2017.
  27. ^ Middlemiss, Jim (March 19, 2014). "Life after the bench: Retired judges embrace ADR". Financial Post. Retrieved October 4, 2017.
  28. ^ "The Honourable Robert P. Armstrong, Q.C." Arbitration Place. Retrieved October 6, 2017.
  29. ^ "The Honourable Robert P. Armstrong, Q.C. | Centre for the Legal Profession". clp.law.utoronto.ca. Retrieved October 6, 2017.

External links

  • Court of Appeal for Ontario biography
  • Arbitration Place profile

January 21, 2023
robert, armstrong, robert, patrick, armstrong, born, march, 1938, canadian, lawyer, retired, judge, served, court, appeal, ontario, from, 2002, until, retirement, 2013, before, serving, bench, armstrong, partner, torys, lead, counsel, dubin, inquiry, steroid, . Robert Patrick Armstrong KC born March 7 1938 is a Canadian lawyer and retired judge He served on the Court of Appeal for Ontario from 2002 until his retirement in 2013 Before serving on the bench Armstrong was a partner at Torys and was lead counsel in the Dubin Inquiry on steroid use in Canadian sports After leaving the bench Armstrong joined Arbitration Place a Canadian group specializing in alternative dispute resolution The HonourableRobert P ArmstrongKCJustice Armstrong in 2017Justice of the Court of Appeal for OntarioIn office January 2002 March 201356th Treasurer of the Law Society of Upper CanadaIn office 1999 2001Preceded byHarvey Thomas StrosbergSucceeded byVern KrishnaPersonal detailsBornRobert Patrick Armstrong 1938 03 07 March 7 1938 age 84 EducationCarleton University BA University of Toronto MA LLB Law Society of Upper Canada LLD honoris causa Contents 1 Early life and career 2 Ontario Court of Appeal 3 Post judicial career 4 References 5 External linksEarly life and career EditArmstrong was born on March 7 1938 1 He was a student at Carleton University the University of Toronto and the London School of Economics He earned his LLB from the University of Toronto Faculty of Law in 1965 and was called to the bar two years later in 1967 2 Armstrong began practicing law with Kimber Dubin in Toronto 3 Armstrong joined Torys in Toronto in 1972 where he would stay until his 2002 appointment to the Ontario Court of Appeal 2 Armstrong became a partner at Torys in 1973 and was appointed a Queen s Counsel in 1978 3 Armstrong was commission counsel in the 1981 Grange Commission on Railway Safety which was formed to study the 1979 Mississauga train derailment 3 4 5 According to the Los Angeles Times Armstrong s tenacious grilling of witnesses in the Grange Commission bolstered his reputation 6 Armstrong served as lead counsel for the 1989 Dubin Inquiry a federal inquiry launched after Ben Johnson s doping scandal at the 1988 Summer Olympics in Seoul 7 Armstrong worked with his mentor Justice Charles Dubin the chair of the inquiry to guide the testimony of witnesses such as Ben Johnson Angella Taylor Issajenko Charlie Francis about the extent of their anabolic steroid use and how they avoided discovery The inquiry recommended random unannounced drug testing of athletes to deter the use of anabolic steroids 7 8 Armstrong has appeared in important cases including the 1995 case of Hill v Church of Scientology of Toronto in the Supreme Court of Canada 3 9 Armstrong was a bencher of the Law Society of Upper Canada from 1995 to 2002 and the 56th Treasurer of the Law Society of Upper Canada from 1999 to 2001 10 He is also a former member of the Board of Regents of the American College of Trial Lawyers 11 and the former president of the Canadian Institute for Advanced Legal Studies 12 3 Ontario Court of Appeal EditArmstrong was appointed to the Ontario Court of Appeal on January 25 2002 2 3 He was one of the last judges on the Court of Appeal to not have previously held a judicial position which was previously a widespread practice for federal appointments 13 In October 2002 Armstrong was awarded a Doctor of Law LLD honorary degree by the Law Society of Upper Canada for his contributions to Canadian law 3 14 In December 2008 Armstrong wrote the majority decision upholding a lower court s decision that unions cannot force courts to enforce fines it imposes on its members who cross picket lines Armstrong with Justice Paul Rouleau concurring found that the union s constitution created a power imbalance with its members making it unconscionable for the court to enforce the fines Armstrong s colleague Justice Russell G Juriansz dissented saying that the imbalance of power had not been abused and the workers were always free to leave the union 15 16 The union in the case applied for leave to appeal the case to the Supreme Court of Canada but the application was dismissed with costs 17 In February 2009 Armstrong wrote a decision holding that a defendant had correctly been found guilty of criminal harassment even though there was no previous contact and there was only a single incident unlike the repetitive nature of traditional stalking cases Armstrong wrote that this was because the defendant s actions jumping out of a bush at the complainant and chasing her down a street were highly threatening and persistent and had caused the complainant to reasonably fear for her safety 18 19 20 The defendant s application for leave to appeal to the Supreme Court was dismissed 21 In February 2013 Armstrong supported by the other two Court of Appeal judges hearing the case dismissed the appeal in R v Fearon Armstrong wrote that Fearon s right to privacy was not violated because a cellphone without password protection can be searched by police during an arrest without a warrant 22 23 Armstrong s decision was appealed to the Supreme Court which dismissed the appeal in a 4 3 decision in 2014 24 Armstrong became a supernumerary judge for the court in September 2012 and was replaced as a full time judge by Peter Lauwers from the Ontario Superior Court of Justice 25 Armstrong retired in March 2013 upon reaching the mandatory retirement age of 75 1 3 26 Post judicial career EditA year after retiring from the Court of Appeal in 2013 Armstrong joined Arbitration Place a Canadian arbitration firm 27 as a resident arbitrator and mediator 28 Armstrong was also a Distinguished Visiting Jurist for the 2013 2014 school year at the University of Toronto Faculty of Law 29 References Edit a b 2013 0058 www pco bcp gc ca Privy Council Office January 31 2013 Archived from the original on 2017 10 06 Retrieved October 6 2017 a b c Moore Christopher 2014 The Court of Appeal for Ontario Defining the Right of Appeal in Canada 1792 2013 University of Toronto Press p 213 ISBN 9781442650145 a b c d e f g h Brief Biographical Note of Justice Robert P Armstrong Retired March 7 2013 Archived from the original on October 16 2013 Retrieved August 26 2014 Another Rail Disaster Bound to Happen www pressreader com The Toronto Star March 2 2012 Retrieved October 6 2017 Williams Rachael January 26 2017 Culture of secrecy surrounds transportation of hazardous materials InsideToronto com InsideToronto com Retrieved October 6 2017 Harvey Randy March 1 1989 Canadian Drug Inquiry Reaches Crucial Phase Los Angeles Times ISSN 0458 3035 Retrieved October 6 2017 a b Ormsby Mary Hall Joseph September 24 2008 Ben Johnson scandal still haunts track world The Toronto Star ISSN 0319 0781 Retrieved October 5 2017 Janofsky Michael September 18 1989 Canadian Inquiry May Be a First Step The New York Times ISSN 0362 4331 Retrieved October 6 2017 Hill v Church of Scientology of Toronto 1995 2 S C R 1130 Archived from the original on September 7 2014 Retrieved August 26 2014 The Law Society of Upper Canada List of Law Society Treasurers Lsuc on ca Retrieved 25 October 2014 Former Regents www actl com American College of Trial Lawyers Retrieved October 6 2017 2006 Ray Allen Canadian Institute for Advanced Legal Studies www canadian institute com Retrieved October 6 2017 a href Template Cite web html title Template Cite web cite web a CS1 maint numeric names authors list link Fine Sean December 16 2014 Tories appoint two conservative law professors as judges The Globe and Mail Retrieved October 4 2017 MINUTES OF SPECIAL CONVOCATION Toronto Thursday 3rd October 2002 2 30 p m PDF Law Society of Upper Canada October 3 2002 Retrieved October 6 2017 Brown Louise December 4 2017 Court won t enforce fines for crossing picket lines The Toronto Star ISSN 0319 0781 Retrieved October 6 2017 Birch v Union of Taxation Employees Local 70030 2008 ONCA 809 CanLII CanLII December 3 2008 Retrieved October 6 2017 dead link Union of Taxation Employees Local 70030 v Jeffrey Birch and April Luberti 2009 CanLII 23090 SCC CanLII May 7 2009 dead link Tyler Tracey February 3 2009 Lone incident ruled enough for criminal harassment The Toronto Star ISSN 0319 0781 Retrieved October 6 2017 Walter Karena February 4 2009 Harassment sentence reduced St Catharines Standard Archived from the original on 2017 10 06 Retrieved October 6 2017 R v Kohl 2009 ONCA 100 CanLII CanLII February 2 2002 Archived from the original on 2015 05 06 Retrieved October 6 2017 Kohl v Her Majesty the Queen 2009 CanLII 31957 SCC CanLII June 18 2009 Retrieved October 6 2017 dead link Small Peter February 20 2013 Privacy rights Police can search unprotected cellphone without warrant appeal court rules The Toronto Star ISSN 0319 0781 Retrieved October 4 2017 R v Fearon 2013 ONCA 106 CanLII CanLII February 20 2013 Archived from the original on 2013 09 20 Retrieved October 4 2017 R v Fearon 2014 3 SCR 621 2014 SCC 77 CanLII CanLII December 11 2014 Archived from the original on 2015 02 10 Retrieved October 6 2017 Kauth Glenn December 17 2012 Feds appoint six lawyers to bench Canadian Lawyers Magazine Retrieved October 6 2017 Tyler Tracey May 24 2011 Ontario s top court could get Harper make over The Toronto Star ISSN 0319 0781 Retrieved October 4 2017 Middlemiss Jim March 19 2014 Life after the bench Retired judges embrace ADR Financial Post Retrieved October 4 2017 The Honourable Robert P Armstrong Q C Arbitration Place Retrieved October 6 2017 The Honourable Robert P Armstrong Q C Centre for the Legal Profession clp law utoronto ca Retrieved October 6 2017 External links EditCourt of Appeal for Ontario biography Arbitration Place profile Retrieved from https en wikipedia org w index php title Robert P Armstrong amp oldid 1119496516, wikipedia, wiki, book, books, library,

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