Eggertson v. Alberta Teachers' Association, 2003 ABCA 101

• Judge: O'Leary, Costigan and Paperny, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: September 12, 2002
• Citations: 2003 ABCA 101;(2003), 327 A.R. 92 (CA)

Eggertson v. Teachers Assoc. (2003), 327 A.R. 92 (CA);

    296 W.A.C. 92

MLB headnote and full text

Temp. Cite: [2003] A.R. TBEd. AP.098

Ingrid M. Eggertson (appellant/plaintiff) v. Alberta Teachers' Association (respondent/defendant)

(01-00131; 2003 ABCA 101)

Indexed As: Eggertson v. Alberta Teachers' Association

Alberta Court of Appeal

O'Leary, Costigan and Paperny, JJ.A.

April 2, 2003.

Summary:

The Alberta Teachers' Association's Professional Conduct Appeal Committee upheld a decision of its Hearing Committee finding a teacher guilty of unprofessional conduct under the Teaching Profession Act. The teacher applied for judicial review.

The Alberta Court of Queen's Bench, in a decision reported at 284 A.R. 139, dismissed the application. The teacher appealed.

The Alberta Court of Appeal, in a decision reported at 327 A.R. 59; 296 W.A.C. 59, allowed the appeal.

The Alberta Court of Appeal awarded costs to the teacher.

Administrative Law - Topic 3349

Judicial review - General - Practice - Costs - The Hearing Committee of the Alberta Teachers' Association (ATA) found a teacher guilty of unprofessional conduct under the Teaching Profession Act - The ATA's Professional Conduct Appeal Committee (PCAC) upheld the decision - A Queen's Bench judge dismissed the teacher's application for judicial review - On appeal, the decision was set aside - The Alberta Court of Appeal held that while it did not have jurisdiction to award the teacher any costs in respect of the proceedings before the Hearing Committee and the PCAC, it was entitled to consider the history of the proceedings when considering the scale of costs in Queen's Bench and the Court of Appeal - See paragraph 8.

Administrative Law - Topic 9165

Boards and tribunals - Judicial review -Practice - Costs - For or against tribunal - [See Administrative Law - Topic 3349 ].

Practice - Topic 7063

Costs - Party and party costs - Counsel fees - Special or additional counsel - The Alberta Court of Appeal stated that "Items 11 and 16 of Schedule C, which provide for a second counsel fee at the trial and appeal levels, imply that the fee is related to the appearances and arguments and not to preparation." - See paragraph 10.

Practice - Topic 7065

Costs - Party and party costs - Counsel fees - Lump sum - A teacher made comments critical of two teachers who had taught her children - She made the comments during a parent teacher meeting with her children's present teacher and at a subsequent meeting - The Hearing Committee of the Alberta Teachers' Association (ATA) found her guilty of unprofessional conduct under the Teaching Profession Act - The ATA's Professional Conduct Appeal Committee upheld the decision - A Queen's Bench judge dismissed the teacher's application for judicial review - On appeal, the decision was set aside because it did not accord adequate weight to the teacher's parental rights - The Alberta Court of Appeal awarded the teacher $15,000 in fees for the proceedings in Queen's Bench and the Court of Appeal, plus all reasonable disbursements incidental to those proceedings.

Practice - Topic 7082

Costs - Party and party costs - Witness fees and costs of preparation for trial or appeal - Preparation for trial - [See Practice - Topic 7063 ].

Cases Noticed:

Jory v. College of Physicians and Surgeons (B.C.), [1987] B.C.J. No. 1024 (C.A.), refd to. [para. 8].

Pharand Ski Corp. v. Alberta (1991), 122 A.R. 395 (Q.B.), refd to. [para. 13].

Authors and Works:

Casey, The Regulation of Professions in Canada (1989), p. 14-12 [para. 8].

Counsel:

G.N. Stapon and J.C. Batzel, for the appellant;

S.D. Hillier, Q.C., for the respondent.

This appeal was heard on September 12, 2002, by O'Leary, Costigan and Paperny, JJ.A., of the Alberta Court of Appeal. The Court of Appeal delivered the following memorandum of judgment respecting costs on April 2, 2003.