Kelsey School Division No. 45 v. Orchard, (1979) 1 Man.R.(2d) 233 (CA)

• Court: Court of Appeal (Manitoba)
• Case Date: October 24, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 233 (CA)

Kelsey School Bd. v. Orchard (1979), 1 Man.R.(2d) 233 (CA)

MLB headnote and full text

Kelsey School Division No. 45 v. Orchard

Indexed As: Kelsey School Division No. 45 v. Orchard

Manitoba Court of Appeal

Monnin, Huband, JJ.A. and Hamilton, J.(ad hoc)

October 24, 1979.

Summary:

This headnote contains no summary.

Arbitration - Topic 7915

Judicial review - Jurisdiction of courts - Power to review and remit award - Arbitration Act, C.C.S.M., c. A-20, s. 32 - A teacher was dismissed for incompetence and referred his dismissal to an arbitration board under s. 281(3) of the Public School Act, C.C.S.M., c. P-250 - The arbitration board after a hearing carefully assessed the evidence and ordered that the teacher be reinstated - The School Division appealed - The Manitoba Court of Appeal dismissed the appeal and affirmed the award - The Court of Appeal held that, although it had power under s. 32 of the Arbitration Act, C.C.S.M., c. A-20, to substitute its findings for those of the arbitration board, it should not do so without very sound reasons - The Court of Appeal held that, where the arbitration board reached its decision in a careful and thorough manner, it would be wrong to alter its award.

Statutes Noticed:

Arbitration Act, C.C.S.M., c. A-20, sect. 32 [para. 14].

Public Schools Act, C.C.S.M., c. P-250, sect. 281(3) [para. 4].

Counsel:

W.R. DeGraves, Q.C., for the applicant/appellant;

D.A. Booth, for the respondent.

This case was heard on September 24, 1979, at Winnipeg, Manitoba, before MONNIN, HUBAND, JJ.A., and HAMILTON, J., (ad hoc), of the Manitoba Court of Appeal.

On October 24, 1979, HUBAND, J.A., delivered the following judgment for the Court of Appeal: