Mahoney v. Board of School Trustees of Newcastle, [1966] N.B. Law News No. 55 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 14, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 55 (QB)

Mahoney v. Newcastle School Bd., [1966] N.B. Law News No. 55 (QB)

MLB Law News

Frances Mahoney (plaintiff) v. The Board of School Trustees of Newcastle, a body corporate (defendant)

(108/66/C; Archives RS48/1966/108)

Indexed As: Mahoney v. Board of School Trustees of Newcastle

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

August 14, 1966.

Summary:

Termination Teacher's Contract - Plaintiff, a school teacher, awarded $900. damages for unlawful termination of her teaching contract. Held that relationship between school board and teacher is one of master and servant and is not altered by existing N.B. Statutes. Held Plaintiff's remedy on unlawful termination of contract is a claim for damages and that Plaintiff has duty to mitigate her loss by seeking other employment.

Education - Topic 6151

Teachers - Employment - General - See paragraphs 1 to 34.

Education - Topic 6251

Teachers - Dismissal - General - See paragraphs 1 to 34.

Counsel:

W.L. Hoyt, for the plaintiff;

J.D. Harper, for the defendant.

This case was tried in the Northumberland Circuit at Newcastle, N.B., on March 26th, 1966, before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on March 14, 1966.