Slavutych v. Board of Governors of the University of Alberta, (1975) 3 N.R. 587 (SCC)

• Judge: Beetz and de Grandpré, JJ.
• Court: Supreme Court (Canada)
• Case Date: December 10, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1975), 3 N.R. 587 (SCC);[1976] 1 SCR 254;1975 CanLII 5 (SCC);55 DLR (3d) 224;[1975] 4 WWR 620;3 NR 587;[1975] CarswellAlta 39;[1975] SCJ No 29 (QL);[1975] ACS no 29

Slavutych v. Alta. Univ. (1975), 3 N.R. 587 (SCC)

MLB headnote and full text

Slavutch v. Board of Governors of the University of Alberta

Indexed As: Slavutych v. Board of Governors of the University of Alberta

Supreme Court of Canada

Laskin, C.J.C., Martland, Judson,

Ritchie, Spence, Pigeon, Dickson,

Beetz and de Grandpré, JJ.

January 28, 1975.

Summary:

This case arose out of the dismissal of a professor employed in the Slavonic Languages Department of the Faculty of Arts at the University of Alberta. The professor was dismissed by an arbitration board because of his opinions about a fellow teacher which he stated in a "Tenure Form Sheet". The "Tenure Form Sheet" was completed by the professor at the request of his department head. The professor was assured that his opinions would be kept strictly confidential. The professor stated that the candidate for tenure was "highly dishonest, often unethical" - see paragraph 7. The professor appealed his dismissal to the Alberta Court of Appeal. The Alberta Court of Appeal affirmed the dismissal of the professor because the opinions stated in the "Tenure Form Sheet" were given by the professor in bad faith. The Alberta Court of Appeal stated that the serious charges made by the professor with respect to the candidate for tenure were never substantiated - see paragraph 20. The judgment of the Alberta Court of Appeal is reported at 41 D.L.R.(3d) 71.

On appeal to the Supreme Court of Canada the appeal was allowed and the judgment of the Alberta Court of Appeal was set aside. The Supreme Court of Canada quashed the dismissal of the professor by the arbitration board. The Supreme Court of Canada stated that there was no evidence of bad faith by the professor and that it was not relevant that the opinions stated in the "Tenure Form Sheet" were unreasonable, hasty, credulous, or foolish - see paragraphs 24 and 25. The Supreme Court of Canada held that the opinions of the professor were given in good faith and could not be used in dismissal proceedings against the professor - see paragraphs 17 to 26.

The Supreme Court of Canada stated that the "Tenure Form Sheet" was inadmissible in proceedings taken against a professor because the "Tenure Form Sheet" was a privileged communication - see paragraphs 12 to 16 and 28.

Education - Topic 6279

Teachers - Dismissal - Grounds - Confidential opinion of qualifications of a fellow teacher - A professor at the University of Alberta was dismissed because of his opinions about a fellow teacher which he stated in a "Tenure Form Sheet" - The "Tenure Form Sheet" was completed by the professor at the request of his department head - The professor was assured that his opinions would be kept strictly confidential - The Supreme Court of Canada quashed the dismissal of the professor by an arbitration board - The Supreme Court of Canada held that where such opinions are given in good faith they cannot be used in dismissal proceedings against the author of the opinions - See paragraphs 17 to 26 - The Supreme Court of Canada stated that it was not relevant that such opinions were unreasonable, hasty, credulous or foolish - See paragraphs 24 and 25.

Evidence - Topic 4148

Privilege - Privileged topics - Employment qualifications, opinions of third parties - A professor at the University of Alberta was dismissed because of his opinions about a fellow teacher which he stated in a "Tenure Form Sheet" - The "Tenure Form Sheet" was completed by the professor at the request of his department head - The professor was assured that his opinions would be kept strictly confidential - The Supreme Court of Canada quashed the dismissal of the professor by an arbitration award - The Supreme Court of Canada stated that the "Tenure Form Sheet" was inadmissible in dismissal proceedings taken against the professor because the "Tenure Form Sheet" was a privileged communication - See paragraphs 12 to 16 and 28.

Cases Noticed:

Seager v. Dopydex Ltd., [1967] 2 All E.R. 415, folld. [para. 18].

Terrapin Ltd. v. Builders' Supply Co. (Hayes) Ltd. et al., [1960] R.P.C. 128, folld. [para. 18].

Argyll v. Argyll, [1967] Ch.D. 302, folld. [para. 19].

Bell v. University of Auckland, [1969] N.Z.L.R. 1029, folld. [para. 19].

Horrocks v. Lowe, [1972] 3 All E.R. 1098, folld. [para. 23].

Counsel:

J.W. McLung, Q.C., for the appellant;

W.J. Girgulis, for the respondents.

This appeal was heard by the Supreme Court of Canada on December 10, 1974. Judgment was delivered by the Supreme Court of Canada on January 28, 1975.

The judgment of the Supreme Court of Canada was delivered by SPENCE, J.