Board of Education of Edmonton Public School District No. 7 v. Alberta Teachers' Association, (1976) 2 A.R. 230 (TD)

• Judge: Miller, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 31, 1976
• Citations: (1976), 2 A.R. 230 (TD)

Edmonton School Bd. v. Teachers Assoc. (1976), 2 A.R. 230 (TD)

MLB headnote and full text

Board of Trustees of the Edmonton Public School District No. 7 v. Alberta Teachers' Association

Indexed As: Board of Education of Edmonton Public School District No. 7 v. Alberta Teachers' Association

Alberta Supreme Court

Trial Division

Judicial District of Edmonton

Miller, J.

December 31, 1976.

Summary:

This case arose out of an application by a school board pursuant to Rule 410(e) of the Alberta Rules of Court to determine whether the board had the authority under s. 82 to appoint a teacher to be a principal, administrator, supervisor or consultant for a term of limited duration. The Alberta Supreme Court interpreted the Alberta School Act and held that the board had the power to designate the teacher to such a position for a term of limited duration.

Education - Topic 704

Education authorities - School boards - Powers of school boards - The Alberta Supreme Court, Trial Division, stated that powers of a statutory corporation are impliedly extended to what is necessary for carrying into effect the object or purposes of the corporation - See paragraph 7.

Education - Topic 707

Education authorities - School boards - Implied powers of school boards respecting terms of employment of teachers - Whether a school board had the implied power to offer a teacher a three year employment contract - A school board proposed to offer three year contracts to teachers in administrative and supervisory positions - S. 82 of the School Act authorized the board to designate "any teacher to an administrative, supervisory or consultative position" - S. 76(1) of the School Act stated that teacher's contracts continued in force from year to year "unless there is an agreement to contrary" - The Alberta Supreme Court, Trial Division, held that the board had the power under s. 82 to designate a teacher to an administrative or supervisory position for a term of three years or other term of limited duration.

Cases Noticed:

Thorsteinsson v. Gimli School District No. 585 (1962), 67 Manitoba Law Reports 247, folld. [para. 12].

Ashbury Railway Carriage & Iron Company v. Riche (1875), L.R. 7 H.L. 653, folld. [para. 12].

Attorney General v. G.E. Ry. (1879-80), 5 App. Cas. 473, folld. [para. 12].

Wenlock (Baroness) v. River Dee Co. (1885), 10 App. Cas. 354, folld. [para. 12].

Re Dauphin-Ochre School Area and Dauphin-Ochre Division Association No. 33 of The Manitoba Teachers' Society et al., 21 D.L.R.(3d) 82, folld. [para. 13].

Statutes Noticed:

School Act, R.S.A. 1970, c. 329, sect. 65(3)(d) [para. 9]; sect. 76(1) [para. 10]; sect. 82 [para. 1].

Authors and Works Noticed:

Halsbury's Laws of England (4th Ed.), vol. 9, para. 133, p. 779 [para. 7].

Counsel:

E.L. Bunnell, for the applicant;

C.P. Clarke, for the respondent.

The judgment of the Alberta Supreme Court was delivered by MILLER, J., at Edmonton, Alberta, on December 31, 1976.