Gallant v. R.C. Sep. Sch. Bd., (1985) 7 O.A.C. 309 (CA)

• Judge: Lacourcière, Cory and Tarnopolsky, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 27, 1985
• Jurisdiction: Ontario
• Citations: (1985), 7 O.A.C. 309 (CA)

Gallant v. R.C. Sep. Sch. Bd. (1985), 7 O.A.C. 309 (CA)

MLB headnote and full text

Gallant v. Counseil des écoles séparées Catholiques Romaines du District de Sudbury, Lamoureux, Guy and Tremblay

(No. 1029/82)

Indexed As: Gallant v. Separate Roman Catholic School Board

Ontario Court of Appeal

Lacourcière, Cory and Tarnopolsky, JJ.A.

February 27, 1985.

Summary:

A teacher resigned. The school board accepted the teacher's resignation. Later the teacher sued the school board and its officials, among others, and alleged that she was forced to resign due to harassment and pressure of officials. The trial court dismissed the teacher's action because it was not commenced within the relevant limitation period. The teacher appealed.

The Ontario Court of Appeal dismissed the appeal.

Limitation of Actions - Topic 7525

Actions against Crown - When limitation period commences, neglect of statutory or public duty - A teacher alleged she was forced to resign due to harassment and pressure of officials - The teacher sued the school board and officials within six months of the termination of her contract but more than six months after the date that her resignation was accepted - The Ontario Court of Appeal held that the teacher's action was prescribed by the six month limitation period in s. 11 of the Public Authorities Protection Act because her action would have commenced when the alleged pressure to resign occurred - See paragraphs 8 to 13.

Practice - Topic 5389

Dismissal of action - Motion for dismissal - Non-suit, at close of plaintiff's case - The Ontario Court of Appeal referred to the proper procedure when a motion for a non-suit is made at the close of the plaintiff's case - See paragraphs 21 and 22.

Cases Noticed:

Re Colledge and Niagara Regional Police Commission (1983), 1 O.A.C. 23; 44 O.R.(2d) 289, refd to. [para. 9].

Berardinelli v. Ontario Housing Corp., [1979] 1 S.C.R. 275; 23 N.R. 298, refd to. [para. 9].

Lacarte v. The Board of Education of Toronto, [1954] O.R. 435, refd to. [para. 11].

Stewart v. Lincoln County Board of Education (1972), 8 O.R.(2d) 168, dist. [para. 12].

Goodwin v. Oxford County Board of Education (1980), 30 O.R.(2d) 359, dist. [para. 12].

Lawn v. Algonquin College of Applied Arts & Technology (1982), 39 O.R.(2d) 377, refd to. [para. 17].

Hooper v. Wellington County Board of Education (1983), 43 O.R.(2d) 108, refd to. [para. 17].

McGavin Toastmaster Limited v. Ainscough et al., [1976] 1 S.C.R. 718; 4 N.R. 618, refd to. [para. 18].

Martin v. Canadian Pacific Railway, [1932] O.R. 571, refd to. [para. 21].

Hall et al. v. Pemberton (1974), 5 O.R.(2d) 438, refd to. [para. 22].

Statutes Noticed:

Public Authorities Protection Act, R.S.O. 1980, c. 406, sect. 11(1) [para. 8].

School Boards & Teachers Collective Negotiations Act, R.S.O. 1980, c. 464 [para. 14].

Education Act, R.S.O. 1980, c. 129, sect. 239(3) [para. 14].

Counsel:

Richard A. Pharand, c.r., for the appellant;

Normand J. Forest, for the respondents.

This appeal was heard by Lacourcière, Cory and Tarnopolsky, JJ.A., of the Ontario Court of Appeal on December 11, 1984.

The decision of the Court of Appeal was delivered by Lacourcière, J.A., and was released on February 27, 1985.