Morin v. Board of Education of Regional Administrative Unit No. 3, (1996) 148 Nfld. & P.E.I.R. 16 (PEITD)

• Judge: DesRoches, J.
• Case Date: October 16, 1996
• Jurisdiction: Prince Edward Island
• Citations: (1996), 148 Nfld. & P.E.I.R. 16 (PEITD)

Morin v. School Bd. (1996), 148 Nfld. & P.E.I.R. 16 (PEITD);

    464 A.P.R. 16

MLB headnote and full text

Richard W.O. Morin (applicant) v. Board of School Trustees of Regional Administrative Unit No. 3 (respondent)

(Docket No. GSC-9738)

Indexed As: Morin v. Board of Education of Regional Administrative Unit No. 3

Prince Edward Island Supreme Court

Trial Division

DesRoches, J.

November 1, 1996.

Summary:

Morin was employed as a school teacher under a one year contract. The contract could be extended if both parties consented. Prior to the end of the contract, the School Board informed Morin that his employment would terminate at the end of the school year per the contract but that it would make every effort to place him in a teaching posi­tion in the coming school year. A contro­versy arose regarding a film shown to Morin's language arts students. A partial boycott of his classes ensued. Morin was placed on paid leave for the balance of the school year. He was not rehired. Morin sued the Board claiming general damages, aggra­vated damages, punitive damages and dam­ages pursuant to s. 24(1) of the Charter. The Board submitted that under the School Act, Morin's only recourse was the grievance procedure under the collective agreement. Therefore, the Board applied to have the action dismissed.

The Prince Edward Island Supreme Court, Trial Division, in a decision not reported in this series of reports, allowed the application in part. The court held that only the Charter issues could be pursued in the court. The remainder of the claim relating to the terms of employment had to be pursued through the grievance process. The court struck out the parts of the statement of claim unrelated to the Charter arguments. The court also struck out all forms of relief claimed except for damages pursuant to s. 24(1) of the Charter. Morin appealed.

The Prince Edward Island Court of Appeal, in a decision reported 125 Nfld. & P.E.I.R. 211; 389 A.P.R. 211 allowed the appeal in part by reinstating two paragraphs of the statement of claim relating to the Charter argument. The court also reinstated part of the statement of claim relating to the types of damages claimed. The Supreme Court of Canada, refused leave to appeal (see 140 Nfld. & P.E.I.R. 90; 438 A.P.R. 90). Morin sought to amend his statement of claim by inserting certain new paragraphs.

The Prince Edward Island Supreme Court, Trial Division, allowed the application in part. The court permitted the addition of some paragraphs relating to the Charter claim. The court refused to allow the addi­tion of paragraphs relating to an alleged collateral contract between the parties, hold­ing that there was no collateral contract and if there was a collateral contract, it was a matter for the grievance procedure.

Editor's Note: For another related proceeding see 78 Nfld. & P.E.I.R. 88; 244 A.P.R. 88.

Contracts - Topic 1484

Formation of contract - Collateral con­tracts - What constitutes a collateral con­tract - Morin was hired as a school teacher under a one year contract - Some students boycotted Morin's classes - He was placed on paid leave and not rehired - Morin sued the employer on the ground, inter alia, of breach of collateral contract, in not placing him in a position in the following school year - He alleged that, during a telephone conversation prior to his accepting the position, a certain indi­vidual had agreed that if there were enough students and if he performed well enough, he would have a job - The Prince Edward Island Supreme Court, Trial Divi­sion, held that there was no collateral contract - See paragraphs 10 to 14.

Labour Law - Topic 9076

Public service labour relations - Remedies - Civil action - When available - Morin was hired as a school teacher under a one year contract - Some students boycotted Morin's classes - He was placed on paid leave and not rehired - Morin sued the employer on the ground, inter alia, of breach of collateral contract in not placing him in a position in the following school year - The Prince Edward Island Supreme Court, Trial Division, held that it lacked jurisdiction to consider a claim based on an alleged collateral agreement because the relationship between the parties was gov­erned by a collective agreement and there was a binding grievance procedure in place - See paragraphs 14 to 27.

Labour Law - Topic 9655

Public service labour relations - Collective agreement - Civil action - Jurisdiction - [See Labour Law - Topic 9076 ].

Libel and Slander - Topic 6126

Practice - Pleadings - Statement of claim - Setting out slanderous words - Morin was hired as a school teacher under a one year contract - Some students boycotted Morin's classes - He was placed on paid leave and not rehired - Morin sued the employer on the ground of, inter alia, breach of collateral contract in not placing him in a position in the following school year - Morin sought to amend his state­ment of claim by inserting new paragraphs relating to, inter alia, allegations of slander - The Prince Edward Island Supreme Court, Trial Division, held that the para­graphs relating to the alleged slander were grossly deficient in material facts (particu­lars) and could not be allowed in their present form - See paragraphs 28 to 30.

Practice - Topic 2101

Pleadings - Amendment of pleadings - General principles - Morin, a school teacher, was not rehired after a one year contract - He sued the employer alleging, inter alia, breach of a collateral contract and Charter violations - Morin applied to amend his statement of claim - The Prince Edward Island Supreme Court, Trial Divi­sion, discussed the amendment of plead­ings pursuant to rule 26.01 - See para­graphs 8, 9 - The court considered whether Morin's proposed amendments related to the employment relationship between the parties (which was governed by the collective agreement) or whether they were simply the factual underpinnings for his Charter claims - The court stated that "[n]otwithstanding the mandatory nature of rule 26.01, proposed amendments which are no more than the former will not be allowed, while those which amount to the latter are not subject to such strict exclusion" - See paragraph 31.

Cases Noticed:

Island Opry Inc. et al. v. Tweedy Ross, [1996] 1 P.E.I.R. 180; 138 Nfld. & P.E.I.R. 36; 431 A.P.R. 36 (S.C.), refd to. [para. 9].

Ahone v. Holloway (1988), 30 B.C.L.R.(2d) 368 (C.A.), refd to. [para. 10].

Hussey v. Chum Ltd. (1987), 81 N.S.R.(2d) 326; 203 A.P.R. 326 (T.D.), refd to. [para. 15].

Binder v. Board of Education of Halifax County (1978), 24 N.S.R.(2d) 504; 35 A.P.R. 504; 84 D.L.R.(3d) 494 (C.A.), refd to. [para. 15].

Winnipeg (City) and Winnipeg Police Department v. Manitoba Police Commis­sion and Irvine (1980), 3 Man.R.(2d) 161; 110 D.L.R.(3d) 196 (C.A.), refd to. [para. 17].

Keddie v. Dumas Hotels Ltd. (Cariboo Trail Hotel) (1985), 62 B.C.L.R. 145 (C.A.), dist. [para. 18].

Syndicat catholique des employés de magasins v. Paquet Ltée, [1959] S.C.R. 206, refd to. [para. 24].

Ainscough et al. v. McGavin Toastmaster Ltd. (1975), 4 N.R. 618; 54 D.L.R.(3d) 1 (S.C.C.), refd to. [para. 25].

Vaiman v. Yates (1987), 41 D.L.R.(4th) 186 (Ont. H.C.), leave to appeal refused (1987), 47 D.L.R.(4th) 359 (Ont. H.C.), refd to. [para. 28].

Simmonds v. Murphy, [1996] 1 P.E.I.R. 147; 137 Nfld. & P.E.I.R. 332; 428 A.P.R. 332 (P.E.I.T.D.), refd to. [para. 28].

Statutes Noticed:

Rules of Court (P.E.I.), Supreme Court Rules, rule 26.01 [para. 8].

Authors and Works Noticed:

Gatley, Libel and Slander (8th Ed. 1981), p. 437 [para. 29].

Counsel:

Richard W.O. Morin, present and acting on his own behalf;

Roger B. Langille, Q.C., for the respon­dent.

This application was heard in chambers, in Charlottetown, Prince Edward Island, on October 16, 1996, by DesRoches, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following judg­ment on November 1, 1996.