Thompson v. Sawyer, Calgary Police Commission and Calgary (City), (1986) 68 A.R. 311 (QB)

• Judge: Hutchinson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 24, 1986
• Citations: (1986), 68 A.R. 311 (QB)

Thompson v. Sawyer (1986), 68 A.R. 311 (QB)

MLB headnote and full text

Thompson v. Sawyer, Calgary Police Commission and Calgary

(Action No. 8401-02309)

Indexed As: Thompson v. Sawyer, Calgary Police Commission and Calgary (City)

Alberta Court of Queen's Bench

Judicial District of Calgary

Hutchinson, J.

March 24, 1986.

Summary:

A probationary police officer brought an action claiming that his resignation was invalid for lack of voluntariness.

The Alberta Court of Queen's Bench held that the resignation was voluntary, because it was free from any duress, coercion or threats of dismissal.

Master and Servant - Topic 7614

Dismissal of employees - Defences - Resignation - Validity of - A probationary police officer's record was reviewed by a superior officer - The superior officer had no power to dismiss - The probationary officer was aware of his poor performance - The superior officer told the probationary officer that he was unsuitable for the police force and that he had two options; he could resign or face a recommendation for dismissal and the consequent hearing - The probationary officer discussed the alternatives and handed in a written resignation - The Alberta Court of Queen's Bench held that the resignation was valid, because it was voluntary where it was free from duress, coercion or threats - The court held that the probationary officer had the requisite subjective intention to resign and the written resignation was the objective conduct to evidence that intention.

Cases Noticed:

Head v. Commissioner of the Ontario Provincial Police (1981), 127 D.L.R.(3d) 366 (Ont. C.A.), affd. (1985), 59 N.R. 91; 8 O.A.C. 368; 16 D.L.R.(4th) 768 (S.C.C.), refd to. [para. 20].

Gilson v. Fort Vermilion School Division No. 52 (1985), 61 A.R. 225, refd to. [para. 23].

Alberta Union of Provincial Employees et al. v. Public Service Grievance Board et al. (1977), 3 A.R. 239; 5 Alta. L.R.(2d) 289, dist. [para. 25].

Thiessen v. Leduc, [1975] 4 W.W.R. 387, dist. [para. 26].

Hunt v. Cimco Ltd. (1977), 2 A.R. 514, dist. [para. 27].

Yui-Ming Sui v. Westcoast Transmission Co. Ltd., 7 C.C.E.L. 281, dist. [para. 27].

Ewasiuk v. Estevan Area Homecare District 9 Inc., [1985] 5 W.W.R. 628; 42 Sask.R. 38, dist. [para. 27].

Wells v. Mack Maritime Ltd. (1975), 21 N.S.R.(2d) 434; 28 A.P.R. 434, dist. [para. 27].

Miracle Food Mart and United Food and Commercial Workers, Locals 175 and 633, Re, 11 L.A.C.(3d) 320, refd to. [para. 28].

Becon Hill Lodge, Ottawa and Ontario Nurses' Association, Re, 17 L.A.C.(3d) 65, refd to. [para. 29].

Metropolitan Toronto Board of Commissioners of Police and Metropolitan Toronto Police Association, 18 L.A.C.(2d) 7, refd to. [para. 31].

Counsel:

A.J. Landry, for the plaintiff;

J. Cordeau, for the Calgary Police Commission;

K.L. Meyer, for the City of Calgary.

This action was heard before Hutchinson, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on March 24, 1986.