Hyperlawhypertext legal database Red Deer College v. Michaels [1976] 2 SCR 324

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Red Deer College v. Michaels

[1976] 2 SCR 324 Court SCC Decision date 1975-05-20 English

PartiesRed Deer College (Defendant) Appellant·Marion Rose Michaels and William Francis Respondents·Finn (Plaintiffs) Respondents

Counsel (2)
J. W. Beames, Q.C., and L. R. Lizee, for the defendant, appellant.
G. S. D. Wright and J. Robb, for the plaintiffs, respondents.

Judges Laskin, Bora; Martland, Ronald; Spence, Wishart Flett; Beetz, Jean; de Grandpré, Louis-Philippe

Delivered by Majority

On appeal from Alberta

Subjects Education law Labour law

Contents
Dr. Fast, the appointed administrator of Red Deer College, who discharged the plaintiffs was not properly appointed, having regard to The Regulations Act, R.S.A. 1970, c. 318, and hence there never was a discharge of the plaintiffs.
Alternatively, the discharge was not effected under the required procedures spelled out in a collective agreement between the College and the Faculty Association, and on the authority of Ridge v. Baldwin[10], there never was any termination of their contractual rights, not even an illegal one.
In any event, this was a case where the wrongful dismissal should be remedied by an injunc­tion to restrain the College from carrying it out.
The dismissal was in violation of The Alberta Bill of Rights, 1972 (Alta.), c. 1.
Beyond all the foregoing, even on the basis that the only recourse was to damages they were inadequate, having regard to the fact that the hiring was for an indefinite term (by reason of the tenured position of the plaintiffs) and was not simply an indefinite hiring.

Footnotes

  1. [1] [1974] 2 W.W.R. 416, 44 D.L.R. (3d) 447.
  2. [2] (1917), 55 S.C.R. 264.
  3. [3] [1947] S.C.R. 121.
  4. [4] [1955] S.C.R. 777.
  5. [5] (1878), 9 Ch. D. 20.
  6. [6] [1912] A.C. 673.
  7. [7] [1919] 2 K.B. 581.
  8. [8] [1949] 3 D.L.R. 51.
  9. [9] [1967] 1 W.L.R. 104.
  10. [10] [1964] A.C. 40.
  11. [11] [1964] A.C. 40.
  12. [12] [1957] A.C. 488.
  13. [13] [1974] 3 All E.R. 327.
  14. [14] (1971), 18 D.L.R. (3d) 374.
  15. [15] [1975] 1 S.C.R. 376.
  16. [16] [1972] Ch. 305.
  17. [17] (1972), 92 S. Ct. 2694.
  18. [18] (1972), 92 S. Ct. 2701.
  19. [19] [1963] 2 O.R. 257.
  20. [20] [1936] 3 All E.R. 322.
  21. [21] (1923), 33 C.L.R. 229.