Federation of Women Teachers' Associations of Ontario and Ontario Secondary School Teachers' Federation v. Ontario (Minister of Consumer and Commercial Relations) and Ontario Public School Teachers' Federation, (1984) 4 O.A.C. 200 (DC)

Judge:Southey, Krever and Smith, JJ.
Court:Superior Court of Justice of Ontario
Case Date:May 01, 1984
Jurisdiction:Ontario
Citations:(1984), 4 O.A.C. 200 (DC)
 
FREE EXCERPT

Teachers Federation v. Ont. (1984), 4 O.A.C. 200 (DC)

MLB headnote and full text

Federation of Women Teachers' Associations of Ontario Secondary School Teachers' Federation v. Minister of Consumer and Commercial Relations and Ontario Public School Teachers' Federation

Indexed As: Federation of Women Teachers' Associations of Ontario and Ontario Secondary School Teachers' Federation v. Ontario (Minister of Consumer and Commercial Relations) and Ontario Public School Teachers' Federation

Ontario Divisional Court

Southey, Krever and Smith, JJ.

June 8, 1984.

Summary:

The Minister of Consumer and Commercial Relations issued supplementary letters patent changing the name of the Ontario Public Men Teachers' Federation to the Ontario Public School Teachers' Federation (OPSTF), thereby deleting the word "Men" from the name. The Federation of Women Teachers' Associations of Ontario (FWTAO) applied under s. 13 of the Corporations Act for a review of the name change arguing that the word "Men" should be restored to the name of the OPSTF. A Motions Court judge dismissed the application to restore the word "Men" to the name of the OPSTF. The FWTAO appealed.

The Ontario Divisional Court dismissed the appeal.

Administrative Law - Topic 2155

Natural justice - Failure of official or tribunal to give reasons for decision - Effect of - Minister of the Crown - The Ontario Divisional Court stated that the failure by the Minister of Consumer and Commercial Relations to give reasons when exercising his discretionary ministerial power to grant supplementary letters patent for a corporate name change did not affect the validity of his decision - See paragraphs 28, 29.

Company Law - Topic 68

Names - Judicial review - Corporations Act (Ont.), s. 13(3) - The Corporations Act, R.S.O. 1980, c. 85, s. 13(3), allowed persons aggrieved by a name change of a corporation approved by the Minister of Consumer and Commercial Relations to apply to a court to review the matter - The Ontario Divisional Court discussed the standard of judicial review to be carried out on an application under s. 13(3) - The court stated that the scope of review under s. 13(3) is broader than simply determining whether the person aggrieved has established that the Minister committed an error in principle - See paragraphs 10 to 27.

Company Law - Topic 68

Names - Judicial review - Corporations Act (Ont.), s. 13(3) - Where name likely to deceive or objectionable on public grounds - A corporation (OPSTF) obtained supplementary letters patent, thereby changing its name - Another corporation (FWTAO) applied under s. 13(3) of the Corporations Act to have OPSTF's former name restored - The Ontario Divisional Court affirmed the dismissal of FWTAO's application, where FWTAO failed to establish that the name change was likely to deceive, or objection able on public grounds - See paragraphs 30 to 42.

Company Law - Topic 1169

Names - Bars to name change - Company name used in statute - A corporation (OPSTF) obtained supplementary letters patent, thereby changing its name - Another corporation (FWTAO) applied unsuccessfully under s. 13(3) of the Corporations Act to have OPSTF's former name restored, arguing that the supplementary letters patent were ultra vires because OPSTF's former name was used in various provincial statutes - In dismissing an appeal by FWTAO, the Ontario Divisional Court stated that there is no law preventing a corporate name change simply because the existing name is mentioned in a statute - The court also stated that the statute would apply to the corporation, notwithstanding the name change - See paragraphs 6 to 9.

Cases Noticed:

Canadian Motorways Limited et al. v. Laidlaw Motorways Limited, [1974] S.C.R. 675, reversing [1972] 1 O.R. 266, consd. [paras. 11 to 27].

C.C. Chemicals Ltd., Re, [1967] 2 O.R. 248, consd. [paras. 14, 18 to 27].

Cole's Sporting Goods Ltd., Re, [1965] 2 O.R. 243, consd. [paras. 18 to 27].

Fordprint Ltd., and Minister of Consumer and Commercial Relations et al., Re (1976), 11 O.R.(2d) 434, folld. [para. 25].

Statutes Noticed:

Business Corporations Act, R.S.O. 1980, c. 54, sect. 11, sect. 261 [para. 25].

Corporations Act, R.S.O. 1980, c. 85, sect. 13(3) [paras. 2, 10 et seq.].

School Boards' and Teachers' Collective Negotiations Act, R.S.O. 1980, c. 464 [paras. 7, 8].

Teaching Profession Act, R.S.O. 1980, c. 495 [paras. 6, 8].

Counsel:

H.L. Morphy, Q.C. and J.B. Laskin, for the appellant Federation of Women Teachers' Associations of Ontario;

D.J.M. Brown, Q.C., for the respondent Ontario Public School Teachers' Federation;

J.E. Minor, for the respondent Minister.

This appeal was heard before Southey, Krever and Smith, JJ., of the Ontario Divisional Court, on April 30 and May 1, 1984. The decision of the Divisional Court was delivered by Southey, J., and released on June 8, 1984:

To continue reading

FREE SIGN UP