Yukon Teachers' Association v. Yukon, 2011 YKCA 4

• Judge: Huddart, Groberman and Garson, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: March 01, 2011
• Jurisdiction: Yukon
• Citations: 2011 YKCA 4;(2011), 307 B.C.A.C. 3 (YukCA)

Teachers Assoc. v. Yukon (2011), 307 B.C.A.C. 3 (YukCA);

    519 W.A.C. 3

MLB headnote and full text

Temp. Cite: [2011] B.C.A.C. TBEd. AP.010

Yukon Teachers' Association (respondent/plaintiff) v. Government of Yukon (appellant/defendant)

(YU0659; 2011 YKCA 4)

Indexed As: Yukon Teachers' Association v. Yukon

Yukon Court of Appeal

Huddart, Groberman and Garson, JJ.A.

March 3, 2011.

Summary:

The respondent applied to dismiss the appellant's appeal as moot.

The Yukon Court of Appeal allowed the application and dismissed the appeal.

Courts - Topic 2286

Jurisdiction - Bars - Academic matters or moot issues - A dismissed teacher appealed to the Yukon Deputy Minister of Education against the decision dismissing him - The teacher's union applied for, and obtained, from the Yukon Supreme Court, an order staying the teacher's dismissal pending the decision by the Deputy Minister - The teacher's employer, the Yukon Government, appealed - Before the appeal was heard, the Deputy Minister allowed the teacher's appeal and reinstated him - The Yukon Government wanted to pursue its appeal - At the union's application, the Yukon Court of Appeal dismissed the appeal as moot - This was not a case where the court should exercise its discretion to hear a moot appeal where judicial economy would not be advanced since the issue raised was not of a recurrent nature - Further, it was not obvious that a decision in this case would serve to resolve further disputes - See paragraphs 1 to 18.

Cases Noticed:

Brotherhood of Maintenance of Way Employees v. Canadian Pacific Ltd., [1996] 2 S.C.R. 495; 198 N.R. 161; 78 B.C.A.C. 162; 128 W.A.C. 162, refd to. [para. 4].

RJR-MacDonald Inc. et Imperial Tobacco Ltd. v. Canada (Procureur général), [1994] 1 S.C.R. 311; 164 N.R. 1; 60 Q.A.C. 241, refd to. [para. 5].

Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342; 92 N.R. 110; 75 Sask.R. 82, appld. [para. 9].

Counsel:

P.A. Csiszar, for the appellant;

C.J. Foy, for the respondent.

This application was heard at Vancouver, B.C., on March 1, 2011, by Huddart, Groberman and Garson, JJ.A., of the Yukon Court of Appeal. The decision of the Court of Appeal was delivered orally at Vancouver, B.C., on March 3, 2011, and the following reasons were filed:

Groberman, J.A. - see paragraphs 1 to 18;

Huddart, J.A. - see paragraphs 19 and 21;

Garson, J.A. - see paragraph 20.