O'Reilly v. Local Board of Health of the Kingston Frontenac and Lennox and Addington Health Unit, (1983) 1 O.A.C. 227 (DC)

• Judge: O'Driscoll, Anderson and Callaghan, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: October 28, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 227 (DC)

O'Reilly v. Bd. of Health (1983), 1 O.A.C. 227 (DC)

MLB headnote and full text

O'Reilly v. Local Board of Health of the Kingston Frontenac and Lennox and Addington Health Unit

(No. 116/83)

Indexed As: O'Reilly v. Local Board of Health of the Kingston Frontenac and Lennox and Addington Health Unit

Ontario Divisional Court

O'Driscoll, Anderson and Callaghan, JJ.

October 28, 1983.

Summary:

The secretary-treasurer of a local board of health (created under the Public Health Act) was dismissed. The secretary-treasurer applied to set aside the dismissal.

The Ontario Divisional Court dismissed the application with the exception of a subsidiary matter (see paragraph 28).

Administrative Law - Topic 2444

Natural justice - Procedure, notice - Sufficiency of notice - A secretary-treasurer of a local board of health was convicted of fraud against his employer - He was given two days' notice of a hearing respecting his character and competence - The Ontario Divisional Court held that in the circumstances the period of notice was sufficient - See paragraphs 9 and 24.

Administrative Law - Topic 2270

Natural justice - Duty of fairness - Circumstances when duty not imposed - The secretary-treasurer of a local board of health was dismissed after he was charged with fraud against his employer - The Ontario Divisional Court refused to apply the doctrine of fairness to the dismissal notwithstanding procedural deficiencies - The court referred to relevant considerations for a court in deciding whether to impose the duty of fairness - See paragraphs 19 to 23.

Administrative Law - Topic 2272

Natural justice - The duty of fairness, relationships to which duty applies - O'Reilly was appointed secretary-treasurer and business administrator of a local board of health (created under the Public Health Act) - O'Reilly was dismissed after he was charged with fraud - The Ontario Divisional Court held that the relationship between O'Reilly and his employer was one which gave rise to the duty of fairness - The court stated that the relationship involved a public element which made O'Reilly the holder of a public office - See paragraph 16.

Statutes - Topic 5030

Operation and effect - Statutory corporations - Powers, limitations imposed by governing statute and regulations - A local board of health (created under the Public Health Act) passed a resolution which purported to eliminate the position of secretary-treasurer - The Ontario Divisional Court stated that the resolution was of no effect because the resolution was inconsistent with a regulation passed under the Public Health Act - See paragraph 17.

Words and Phrases

Holder of public office - The Ontario Divisional Court discussed the meaning of the phrase "holder of public office" for purposes of the application of the doctrine of fairness.

Cases Noticed:

Ridge v. Baldwin, [1964] A.C. 40, refd to. [para. 14].

Paine v. University of Toronto, et al. (1981), 34 O.R.(2d) 770 (Ont. C.A.), refd to. [para. 14].

McCarthy v. Calgary Roman Catholic Separate School District No. 1 Board of Trustees, [1979] 4 W.W.R. 725; 30 A.R. 232 (Alta. Q.B.), refd to. [para. 15].

Malloch v. Aberdeen, [1971] 1 W.L.R. 1578; [1971] 2 All E.R. 1278, refd to. [para. 15].

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police, et al., [1979] 1 S.C.R. 31; 23 N.R. 410, dist. [para. 24].

Statutes Noticed:

Public Health Act, R.S.O. 1980, c. 409.

Counsel:

B. Morgan, for the applicant, O'Reilly;

P.G.D. Swan, Q.C., for the respondent.

This application was heard by O'Driscoll, Anderson and Callaghan, JJ., of the Ontario Divisional Court on September 29, 1983.

The judgment of the Divisional Court was delivered orally by Anderson, J., and was released on October 28, 1983.