Kim v. University of Regina, (1990) 84 Sask.R. 13 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 11, 1990
• Jurisdiction: Saskatchewan
• Citations: (1990), 84 Sask.R. 13 (QB)

Kim v. Regina Univ. (1990), 84 Sask.R. 13 (QB)

MLB headnote and full text

Dong Yun Kim (respondent/plaintiff) v. University of Regina (applicant/defendant)

(No. 3862 A.D. 1989)

Indexed As: Kim v. University of Regina

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barclay, J.

May 11, 1990.

Summary:

A tenured university professor sued the university for damages for wrongful dismissal. The university applied for an order under Queen's Bench Rule 188 that a point of law be set down for pretrial determination. The legal issue concerned whether the professor's right to bring a civil action was precluded by the grievance procedures in her collective agreement.

The Saskatchewan Court of Queen's Bench dismissed the application for pretrial determination.

Practice - Topic 5261

Trials - Trial of preliminary issues - Issues of law - The Saskatchewan Court of Queen's Bench stated that preliminary points of law should not be determined under Queen's Bench Rule 188 where any facts are in issue, particularly where the issues of fact and law are intermingled - See paragraph 17.

Practice - Topic 5261

Trials - Trial of preliminary issues - Issues of law - A tenured professor, allegedly forced to accept early retirement, initiated a grievance and an action for wrongful dismissal - The employer alleged that the court lacked jurisdiction over the civil action while the grievance procedure was available and unresolved - The Saskatchewan Court of Queen's Bench held that this dispute should not be determined as a preliminary point of law where (1) there was no agreed statement of facts; (2) the issues of fact and law were complex and intermingled and (3) the determination would not be determinative of the action - See paragraph 24.

Cases Noticed:

Shields Resort Village v. Toronto Dominion Bank, [1989] 2 W.W.R. 163; 69 Sask.R. 131 (C.A.), refd to. [para. 18].

Stagman v. Hamn, [1984] 5 W.W.R. 148; 34 Sask.R. 265 (C.A.), refd to. [para. 18].

Mann v. Regina (City) (1989), 81 Sask.R. 256 (C.A.), consd. [para. 19].

St. Anne Nackawic Pulp & Paper Co. Ltd. v. Canadian Paper Workers Union, Local 219, [1986] 1 S.C.R. 704; 68 N.R. 112; 73 N.B.R.(2d) 236; 184 A.P.R. 236, refd to. [para. 20].

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police and Attorney General for the Province of Ontario, [1979] 1 S.C.R. 311; 23 N.R. 410, refd to. [para. 21].

Proctor v. Board of Commissioners of Police for the City of Sarnia and Attorney General for the Province of Ontario, [1980] 2 S.C.R. 727; 34 N.R. 437, refd to. [para. 21].

Knight v. Board of Education of the Indian Head School Division No. 19 (1990), 106 N.R. 17; 83 Sask.R. 81, refd to. [para. 22].

Statutes Noticed:

Rules of Court (Sask.), Queen's Bench Rules, rule 188 [paras. 1, 16-17, 24]; rule 189 [para. 16].

Counsel:

A. John Beke, Q.C., for the respondent, plaintiff;

Gordon J. Kuski, Q.C., for the applicant, defendant.

This application was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, whose decision was delivered on May 11, 1990.