Cohnstaedt v. University of Regina, (1986) 45 Sask.R. 197 (CA)

• Judge: Hall, Tallis and Cameron, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: January 16, 1986
• Jurisdiction: Saskatchewan
• Citations: (1986), 45 Sask.R. 197 (CA)

Cohnstaedt v. Regina Univ. (1986), 45 Sask.R. 197 (CA)

MLB headnote and full text

Cohnstaedt v. University of Regina

(No. 7853)

Indexed As: Cohnstaedt v. University of Regina

Saskatchewan Court of Appeal

Hall, Tallis and Cameron, JJ.A.

January 16, 1986.

Summary:

A tenured university professor was dismissed from his employment. The professor sued the university for damages. The action was settled before trial by an agreement. Under the agreement the professor was to continue performing such duties as were assigned to him by the Deans and his work during this time was to be assessed by them; if the professor's performance was judged to be inadequate, then under the agreement he was obliged to take an early retirement. The Deans' assessment proved unsatisfactory and the university sought to enforce the retirement clause. The professor sued for a declaration that his termination was invalid and claimed salary and other damages.

The Saskatchewan Court of Queen's Bench dismissed the action. See paragraphs 96 to 102 below. The professor appealed.

The Saskatchewan Court of Appeal allowed the appeal and awarded the professor damages.

Hall, J.A., dissenting, would have dismissed the appeal.

Administrative Law - Topic 2143

Natural justice - Administrative decisions or findings - Duty of administrative bodies to act fairly and observe rules of natural justice - The Saskatchewan Court of Appeal held that the termination of a tenured professor required procedural fairness, including affording the professor an opportunity to be heard respecting his assessments and termination - See paragraphs 73 to 89.

Education - Topic 4323

Universities - Professors - Status of - The Saskatchewan Court of Appeal held that the relationship between a university professor with tenure and the university involves "an element of public employment or service, or something in the nature of an office or status, supported by statute, which was capable of protection" - See paragraph 73.

Education - Topic 4407

Universities - Professors - Removal - Procedural fairness - Tenured professors - The Saskatchewan Court of Appeal held that the termination of a tenured professor requires procedural fairness, including affording the professor an opportunity to be heard respecting his assessments and termination - See paragraphs 73 to 89.

Cases Noticed:

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners and Police and the Attorney General for the Province of Ontario, [1979] 1 S.C.R. 311; 23 N.R. 410, refd to. [paras. 40, 71].

Kane v. Board of Governors of the University of British Columbia, [1980] 1 S.C.R. 1105; 31 N.R. 214, refd to. [paras. 40, 81].

Freeload Company of Canada Limited v. City of Regina (1953-54), 10 W.W.R.(N.S.) 241, refd to. [para. 41].

Canada Egg Products Ltd. v. Canadian Doughnut Co. Ltd., [1955] S.C.R. 398, refd to. [para. 42].

Frobisher Limited v. Canadian Pipelines & Petroleums Limited et al. (1957-58), 23 W.W.R.(N.S.) 241, refd to. [para. 69].

Thomas v. Thomas (1961-62), 36 W.W.R.(N.S.) 23, refd to. [para. 69].

Malloch v. Aberdeen Corporation, [1971] 1 W.L.R. 1578, refd to. [para. 73].

Riddle v. University of Victoria, 95 D.L.R.(3d) 193, refd to. [para. 74].

Ruiperez and the Board of Governors of Lakehead University, Re (1983), 147 D.L.R.(3d) 154 (Ont. C.A.), refd to. [para. 74].

Bazant, Re; Bilson, University of Saskatchewan Faculty Association and Bazant v. University of Saskatchewan (1985), 36 Sask.R. 184, refd to. [para. 74].

Evershed v. Minister of Education (1985), 7 O.A.C. 307; 50 O.R.(2d) 198 (Ont. C.A.), refd to. [para. 74].

Proctor v. Board of Commissioners of Police of City of Sarnia; Attorney General for Ontario, Intervenant, [1980] 2 S.C.R. 727; 34 N.R. 437; 116 D.L.R.(3d) 577, refd to. [para. 76].

Carrieres Ste-Therese Ltee v. Quebec (1985), 59 N.R. 391 (S.C.C.), refd to. [para. 76].

Brown v. Waterloo Regional Board of Commissioners (1983), 150 D.L.R.(3d) 729, refd to. [para. 94].

Statutes Noticed:

University of Regina Act, R.S.S. 1978, c. U-5, sect. 62(f) [para. 53]; sect. 62(n) [para. 75]; sect. 80(1)(b) [para. 75].

Authors and Works Noticed:

Wade, H.W.R., Judicial Control of Universities (1969), 85 L.Q.R. 468 [para. 74].

Counsel:

A. John Beke, Q.C., for the appellant;

G.J. Kuski, Q.C., and Philip J. Gallet for the respondent.

This appeal was heard before Hall, Tallis, and Cameron, JJ.A., of the Saskatchewan Court of Appeal, whose decision was delivered on January 16, 1986 when the following opinions were filed:

Hall, J.A., dissenting - see paragraphs 1 to 51;

Tallis, J.A. - see paragraphs 52 to 95.

Cameron, J.A. concurred with Tallis, J.A.