Hill v. University College of Cape Breton, (1991) 104 N.S.R.(2d) 285 (TD)

• Judge: Davison, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 03, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 104 N.S.R.(2d) 285 (TD)

Hill v. Cape Breton Univ. (1991), 104 N.S.R.(2d) 285 (TD);

  283 A.P.R. 285

MLB headnote and full text

Dr. Peter C. Hill (applicant) v. University College of Cape Breton, Board of Governors of the University College of Cape Breton (respondents)

(S.H. No. 75438)

Indexed As: Hill v. University College of Cape Breton

Nova Scotia Supreme Court

Trial Division

Davison, J.

June 3, 1991.

Summary:

The plaintiff applied for an order of certiorari to quash a decision of the Board of Governors of the University College of Cape Breton dismissing him.

The Nova Scotia Supreme Court, Trial Division, allowed the application and quashed the dismissal, because the board breached its duty of procedural fairness to the plaintiff.

Administrative Law - Topic 2004

Natural justice - General principles - Requirements of natural justice - The Nova Scotia Supreme Court, Trial Divi­sion, set out the requirements of natural justice to be fulfilled by a tribunal, such as the board of governors of the university - See paragraph 33.

Administrative Law - Topic 2261

Natural justice - Duty of fairness - Gen­eral - The Nova Scotia Supreme Court, Trial Division, stated that the general duty to act fairly depended upon (1) the nature of the decision made by the administrative body; (2) the relationship between the administrative body and the individual; (3) the effect of the decision on the individual's rights - See paragraph 19.

Administrative Law - Topic 2264

Natural justice - Duty of fairness - When required - Statutory officers - University board of governors - The Nova Scotia Supreme Court, Trial Division, held that the board of governors of a statutorily established university was a statutory body bound by a duty of fairness and subject to review on certiorari - See paragraphs 14 to 35.

Administrative Law - Topic 2266

Natural justice - Duty of fairness - Pro­cedural fairness - What constitutes - The Nova Scotia Supreme Court, Trial Divi­sion, set aside the dismissal of a university presi­dent by the board of governors, where the full case against him was not dis­closed; he was not given an opportunity to respond; he was not given a hearing; witnesses were interviewed in private by the board without disclosure of the evi­dence to the president; and the board failed to give proper notice of the meeting dis­missing him - See para­graphs 36 to 47.

Administrative Law - Topic 2451

Natural justice - Procedure - Notice - Lack of notice - Effect of - The Nova Scotia Supreme Court, Trial Division, held that the failure of the board of governors of the university to give the president of the university notice of a special meeting wherein he was dismissed vitiated the dismissal - See paragraphs 44, 46.

Administrative Law - Topic 2616

Natural justice - Evidence - Tribunal taking evidence in absence of parties - The Nova Scotia Supreme Court, Trial Division, held that a university board of governors interviewing witnesses about the president's performance without informing him of the results vitiated the board's dismissal of the president - See paragraphs 45 to 46.

Administrative Law - Topic 5047

Judicial review - Certiorari - Tribunals subject to certiorari - Universities - [See Administrative Law - Topic 2264 ].

Education - Topic 4269

Universities - Governing bodies - Board of governors - Powers - To remove presi­dent - The Nova Scotia Supreme Court, Trial Division, held that the board of gov­ernors of the statutorily established univer­sity was bound by a duty of fairness in dismissing the president and the subject to review on certiorari - The court set aside the dismissal for failure to provide pro­cedural fairness to the president in dis­missing him.

Education - Topic 4623

Universities - Judicial review of exercising of powers of universities - When available - [See Administrative Law - Topic 2264 ].

Cases Noticed:

Knight v. Board of Education of Indian Head School Division No. 19, [1990] 1 S.C.R. 653; 106 N.R. 17; 83 Sask.R. 81, appld. [para. 18].

Cardinal and Oswald v. Kent Institution, Director of, [1985] 2 S.C.R. 643; 63 N.R. 353, appld. [paras. 19, 43].

Ridge v. Baldwin, [1963] 2 All E.R. 66, consd. [para. 20].

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police and Attorney General of Ontario, [1979] 1 S.C.R. 311; 23 N.R. 410; 88 D.L.R.(3d) 671, refd to. [para. 23].

Malloch v. Aberdeen Corporation, [1971] 2 All E.R. 1278, appld. [para. 24].

Barrett, Nicholas and Reiss v. Board of Education of Northern Lights School Division No. 113 (1988), 64 Sask.R. 81; 49 D.L.R.(4th) 536, appld. [para. 26].

Martineau v. Matsqui Institution Disciplin­ary Board (No. 2), [1980] 1 S.C.R. 602; 30 N.R. 119; 50 C.C.C.(2d) 353; 106 D.L.R.(3d) 385; 13 C.R.(3d) 1, appld. [para. 27].

Britex Ltd. v. United Steel Workers of America, Local 9181, and the Labour Relations Board (N.S.) (1988), 85 N.S.R.(2d) 68; 216 A.P.R. 68, appld. [para. 27].

McKinney v. University of Guelph, [1990] 3 S.C.R. 229; 118 N.R. 1; 45 O.A.C. 1, appld. [para. 29].

R. v. Halifax-Dartmouth Real Estate Board; Ex p. Seaside Real Estate Limited (1963), 42 D.L.R.(2d) 442 (N.S.C.A.), revd. 44 D.L.R.(2d) 248 (S.C.C.), appld. [para. 30].

Vinogradov v. University of Calgary (1987), 77 A.R. 227; 25 Admin. L.R. 203 (C.A.), consd. [para. 31].

Kane v. Board of Governors of the Uni­versity of British Columbia, [1980] 1 S.C.R. 1105; 31 N.R. 214, appld. [para. 32].

Re Fredericks and Board of Com­missioners of Police of the Town of Essex (1983), 2 D.L.R.(4th) 525, appld. [para. 38].

Bigger v. Town of Elliot Lake Police Commissioners Board (1984), 5 C.C.E.L. 174, appld. [para. 39].

R.D.R. Construction Limited v. Rent Review Commission (1982), 55 N.S.R.(2d) 71; 114 A.P.R. 71, appld. [para. 42].

Municipal Contracting Limited v. Interna­tional Union of Operating Engineers, Local 721, and Kydd (1989), 91 N.S.R.(2d) 16; 233 A.P.R. 16, appld. [para. 42].

Chute v. Rent Review Commission (1982), 53 N.S.R.(2d) 560; 109 A.P.R. 560, appld. [para. 44].

Statutes Noticed:

Interpretation Act, R.S.N.S. 1989, c. 235, sect. 18(1) [para. 5].

University College of Cape Breton Act, R.S.N.S. 1989, c. 484, sect. 3(4) [para. 2]; sect. 10(3) [para. 44].

Authors and Works Noticed:

Mullen, David, Vinogradov v. University of Calgary Comment (1987), 25 Admin. L.R. 214 [para. 31].

Counsel:

Raymond F. Larkin and David J. Roberts, for the applicant;

Karin McCaskill, for the respondents.

This case was heard on May 8 and 9, 1991, at Halifax, Nova Scotia, before Davi­son, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on June 3, 1991: