Struger v. Edmonton Board of Trustees Catholic School District No. 7, (1980) 36 A.R. 181 (QB)

• Judge: Agrios, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 10, 1980
• Citations: (1980), 36 A.R. 181 (QB)

Struger v. Edmonton School Bd. (1980), 36 A.R. 181 (QB)

MLB headnote and full text

Struger v. Edmonton Board of Trustees Catholic School District No. 7

Indexed As: Struger v. Edmonton Board of Trustees Catholic School District No. 7

Alberta Court of Queen's Bench

Judicial District of Edmonton

Agrios, J.

October 10, 1980

Summary:

A teacher applied for interpretation of the School Act to determine if his teaching contract was temporary or continuing. The Alberta Court of Queen's Bench held that the teacher had a continuing contract.

Education - Topic 6156

Teachers - Employment - Permanent v. temporary - A teacher, initially hired as a substitute teacher, had been teaching full time for three years - The School Board considered his employment to be temporary - The Alberta Court of Queen's Bench held that section 76 of the School Act gave the teacher a continuing contract, even if the parties concerned intended otherwise - See paragraphs 17 and 22.

Cases Noticed:

Board of Trustees and Alberta Teachers Association (1976), 2 A.R. 230, folld. [para. 9].

Statutes Noticed:

Rules of Court, (Alta.), rule 410(e) [para. 1].

School Act, R.S.A. 1970, c. 329, sect. 76, sect. 77, sect. 85(1).

Counsel:

M.B. Bielby, for the applicant;

David W. Ross, for the respondent.

This application was heard by AGRIOS, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton. The judgment of AGRIOS, J., was delivered on October 10, 1980 at Edmonton.