Alberta Teachers' Association v. Hawco et al., (1996) 191 A.R. 207 (QB)

• Judge: Clark, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 10, 1996
• Citations: (1996), 191 A.R. 207 (QB)

Alta. Teachers' Assoc. v. Hawco (1996), 191 A.R. 207 (QB)

MLB headnote and full text

In The Matter Of The Labour Relations Code, R.S.A. 1988, Chapter L-1.2, as amended

And In The Matter Of a Grievance Arbitration Award dated June 6, 1995 and the Dissent of Clive O. Llewellyn, member of the Board, dated June 29, 1995 with respect to Insurance Policy Grievance Article 18.7

The Alberta Teachers' Association (applicant) v. Gerard C. Hawco, Q.C., David R. Laird, Q.C., Clive Llewellyn and Calgary School District No. 19 (respondents)

(Action No. 9501-09715)

Indexed As: Alberta Teachers' Association v. Hawco et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Clark, J.

October 10, 1996.

Summary:

Pursuant to a collective agreement between a school board and the Teachers' Associ­ation, the school board agreed to provide a group benefits plan. Pursuant to article 18.7, no reduction in amounts of benefits was to occur without prior approval of the Teachers' Association. The school board subsequently advised that co-ordination of benefits for dependent children would no longer be permitted. The Teachers' Association grieved. The majority of an arbitration board dismissed the grievance. The Teachers' Association applied for judicial review.

The Alberta Court of Queen's Bench allowed the application, set aside the deci­sion of the majority, and referred the griev­ance to a new arbitration board.

Arbitration - Topic 4567

The hearing - Evidence - Extrinsic evi­dence - [See first Arbitration - Topic 7959 ].

Arbitration - Topic 7959

Judicial review - Jurisdiction of arbitrator - Excess of jurisdiction - Pursuant to a collective agreement between a school board and the Teachers' Association, the school board agreed to provide a group benefits plan - The school board entered into an insurance contract with Sun Life to provide the health benefits - The school board subsequently advised that co-or­dination of benefits for dependent children would no longer be permitted - The Asso­ciation grieved - The majority of an arbi­tration board dismissed the grievance - The majority concluded that the Sun Life insurance contract was incorporated into the collective agreement to the limited extent of "enabling us to look at it and determine just what did occur" - The Alberta Court of Queen's Bench held that the insurance contract was extrinsic to the collective agreement and that by consider­ing and interpreting the insurance contract to the extent that they did, the majority exceeded their jurisdiction - See para­graphs 25 to 30.

Arbitration - Topic 7959

Judicial review - Jurisdiction of arbitrator - Excess of jurisdiction - Pursuant to a collective agreement between a school board and the Teachers' Association, the school board agreed to provide a group benefits plan - The benefits to be provided were not specified and were not the sub­ject of negotiation - Pursuant to article 18.7, no reduction in amounts of benefits was to occur without prior approval of the Association - The school board subsequently advised that co-ordination of benefits for dependent children would no longer be permitted - The Association grieved - The majority of an arbitration board dismissed the grievance - The ma­jority concluded that a benefit under article 18.7 had to be negotiated or obtained through bargaining or through the school board's generosity - The Alberta Court of Queen's Bench held that that conclusion was inconsistent with the express terms of the collective agreement and that the ma­jority exceeded, and thereby lost, its juris­diction - See paragraphs 20 to 24.

Labour Law - Topic 6406

Industrial relations - Collective agreement - Interpretation - Admission of extrinsic evidence - [See first Arbitration - Topic 7959 ].

Labour Law - Topic 6690.2

Industrial relations - Collective agreement - Interpretation - Supplementary benefits - Insurance and health benefits - [See both Arbitration - Topic 7959 ].

Labour Law - Topic 7052

Industrial relations - Collective agreement - Enforcement - Jurisdiction or powers of arbitrator or board - Evidence - [See first Arbitration - Topic 7959 ].

Labour Law - Topic 7112

Industrial relations - Collective agreement - Enforcement - Judicial review - Scope of review - Pursuant to a collective agree­ment with the Teachers' Association, a school board agreed to provide a group benefits plan - The school board entered into an insurance con­tract with Sun Life to provide the health benefits - The school board subsequently advised that co-or­dination of benefits for dependent children would no longer be permitted - The Asso­ciation grieved - The majority of an arbi­tration board dismissed the grievance - The ma­jority had determined that Sun Life made an error in amending the insur­ance con­tract - The Alberta Court of Queen's Bench held that a determination that what amounted to a unilateral mistake per­mitted the school board to vitiate its con­tractual obligations amounted to a misinter­pretation of the common law of mistake - In apply­ing the common law of mistake, the arbi­tration board was held to the standard of correct­ness - See para­graphs 31 to 33.

Labour Law - Topic 7119

Industrial relations - Collective agreement - Enforcement - Judicial review - Excess of jurisdiction - [See both Arbitration - Topic 7959 ].

Mistake - Topic 701

Mistake of fact - Mistake as to nature or existence of rights - General - [See Labour Law - Topic 7112 ].

Cases Noticed:

Alberta Union of Provincial Employees, Branch 63 v. Alberta Public Service Employees Relations Board and Board of Governors of Olds College, [1982] 1 S.C.R. 923; 42 N.R. 559; 37 A.R. 281; 136 D.L.R.(3d) 1, refd to. [para. 16].

Carmelite Nuns of Western Canada v. Assessment Appeal Board (Alta.) et al. (1994), 159 A.R. 94; 21 Alta. L.R.(3d) 382 (Q.B.), refd to. [para. 18].

Bell Canada v. Office and Professional Employees International Union, Local 131 (1973), 37 D.L.R.(3d) 561 (S.C.C.), refd to. [para. 22].

Union Carbide Canada Ltd. v. Weiler (1968), 70 D.L.R.(2d) 333 (S.C.C.), refd to. [para. 22].

Edmonton Roman Catholic Separate School Division No. 7 v. Alberta Teach­ers' Association (1985), 22 L.A.C.(3d) 187 (Alta.), refd to. [para. 26].

Inland Cement Industries Ltd. v. United Cement, Lime and Gypsum Workers, Local 359 (1981), 27 A.R. 135 (C.A.), refd to. [para. 30].

Dayco (Canada) Ltd. v. National Automo­bile, Aerospace and Agricultural Im­plement Workers Union of Canada (C.A.W. - Canada), [1993] 2 S.C.R. 230; 152 N.R. 1; 63 O.A.C. 1; 102 D.L.R.(4th) 609, refd to. [para. 33].

United Brotherhood of Carpenters and Joiners of America, Local 579 v. Bradco Construction Ltd., [1993] 2 S.C.R. 316; 153 N.R. 81; 106 Nfld. & P.E.I.R. 140; 334 A.P.R. 140; 102 D.L.R.(4th) 402, refd to. [para. 33].

International Molders and Allied Workers Union, Local 371 v. Barber Industries, [1988] A.J. No. 929 (Q.B.), refd to. [para. 37].

Canada (Labour Relations Board), Re (1966), 58 D.L.R.(2d) 609 (Alta. T.D.), refd to. [para. 37].

Perepolkin, Re (1957), 11 D.L.R.(2d) 245 (B.C.C.A.), refd to. [para. 37].

McEwen, Re, [1941] 4 D.L.R. 12 (S.C.C.), refd to. [para. 37].

Keeprite Workers' Independent Union v. Keeprite Products Ltd. (1980), 114 D.L.R.(3d) 162 (Ont. C.A.), refd to. [para. 37].

Counsel:

Frank Molnar, for the applicant;

Richard Shaw, for the respondent, School Board.

This application was heard before Clark, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on October 10, 1996.