Evershed v. Ontario (Minister of Education), (1985) 7 O.A.C. 307 (CA)

• Judge: Howland, C.J.O., Houlden and Finlayson, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: March 22, 1985
• Jurisdiction: Ontario
• Citations: (1985), 7 O.A.C. 307 (CA)

Evershed v. Ont. (1985), 7 O.A.C. 307 (CA)

MLB headnote and full text

Evershed v. Minister of Education and Waterloo County Board of Education

Indexed As: Evershed v. Ontario (Minister of Education)

Ontario Court of Appeal

Howland, C.J.O., Houlden and Finlayson, JJ.A.

March 22, 1985.

Summary:

A grade five teacher was convicted of possession of unlawfully imported pornographic material and possession of marijuana. The Minister of Education, without giving notice to the teacher, cancelled his teaching certificate. The teacher applied for judicial review of the Minister's decision.

The Ontario Divisional Court allowed the application and set aside the Minister's decision - See 1 O.A.C. 333. The Minister of Education appealed.

The Ontario Court of Appeal dismissed the appeal.

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - A grade five teacher was convicted of possession of unlawfully imported pornographic material and possession of marijuana - The Minister of Education, without giving notice to the teacher, cancelled the teacher's teaching certificate - The Ontario Court of Appeal affirmed that the Minister of Education exercised a statutory power of decision without the proper procedural fairness.

Administrative Law - Topic 265

Hearing - Right to a hearing - Persons entitled to a hearing - A teacher was dismissed without a hearing - The Ontario Court of Appeal stated that a high standard of justice is required when the right to continue one's employment is at stake - The court stated that before being dismissed a teacher must be given an opportunity to be heard - See paragraph 9.

Education - Topic 6260

Teachers - Dismissal - Dismissal procedure - The Ontario Court of Appeal referred to the right of a teacher to be heard before he is dismissed from employment - See paragraph 9.

Cases Noticed:

Kane v. Board of Governors of the University of British Columbia (1980), 31 N.R. 214; 110 D.L.R.(3d) 311, refd to. [para. 9].

Counsel:

P.W. Lockett, Q.C., for Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Education;

J. Kelly, Q.C., and K. Sellers, for Waterloo County Board of Education, appellants;

W. Markle, Q.C., for the respondent.

This appeal was heard by Howland, C.J.O., Houlden and Finlayson, JJ.A., of the Ontario Court of Appeal on March 19, 1985.

The decision of the Court of Appeal was delivered orally by Finlayson, J.A., and was released on March 22, 1985.