Vinogradov v. University of Calgary, (1987) 77 A.R. 227 (CA)

• Judge: Belzil, Hetherington and Irving, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: February 11, 1987
• Citations: (1987), 77 A.R. 227 (CA)

Vinogradov v. Calgary Univ. (1987), 77 A.R. 227 (CA)

MLB headnote and full text

In The Matter Of Aleksandra Vinogradov;

And In The Matter Of Proceedings Before the Geotechnical Appointments Committee of the Department of Civil Engineering, Faculty of Engineering, University of Calgary;

In The Matter Of The Universities Act.

Aleksandra Vinogradov (respondent)(appellant by cross-appeal) v. The Governors of the University of Calgary, Norman E. Wagner, Leonard T. Burton and Robert E. Loov (appellants)(respondents by cross-appeal)

(No. 18532)

Indexed As: Vinogradov v. University of Calgary

Alberta Court of Appeal

Calgary Civil Sittings

Belzil, Hetherington and Irving, JJ.A.

February 11, 1987.

Summary:

The head of a university department established an ad hoc hiring recommendation committee pursuant to established procedure, which recommended that Vinogradov be accepted to a teaching position. The department head reported the recommendation to the dean. After a delay respecting funding the department head developed reservations about Vinogradov's teaching and asked the committee to reconsider her appointment. The committee reconvened and a majority voted against Vinogradov's appointment. The department head again advised the dean of the recommendation.

Vinogradov applied to enjoin the university from continuing the competition on the ground that the department head was biased and manipulated the committee and applied for orders of certiorari and mandamus compelling her appointment.

The Alberta Court of Queen's Bench in a judgment unreported in this series of reports allowed the application for certiorari and ordered the university to start the competition afresh. The University appealed.

The Alberta Court of Appeal allowed the appeal and held that certiorari and mandamus were unavailable against a nonstatutory tribunal.

Administrative Law - Topic 3503

Judicial review - Mandamus - When available - An unsuccessful applicant for a university teaching position applied for certiorari to quash a recommendation of the ad hoc hiring recommendation committee and mandamus to compel her appointment - The Alberta Court of Appeal dismissed the application, because the committee was not a statutory tribunal and was not susceptible to prerogative writs and because the applicant had available a summary appeal to the board of governors under s. 18 of the Alberta Universities Act.

Administrative Law - Topic 3586

Judicial review - Mandamus - Bars - Existence of another remedy - [See Administrative Law - Topic 3503 above].

Administrative Law - Topic 5040

Judicial review - Certiorari - Tribunals subject to certiorari - Requirement that order issue against statutory tribunal - [See Administrative Law - Topic 3503 above].

Administrative Law - Topic 5047

Judicial review - Certiorari - Tribunals subject to certiorari - Universities - [See Administrative Law - Topic 3503 above].

Administrative Law - Topic 5189

Judicial review - Certiorari - Bars - Existence of another remedy - [See Administrative Law - Topic 3503 above].

Education - Topic 4621

Universities - Judicial review of exercise of powers of universities - General - The Alberta Court of Appeal stated in dismissing an application for certiorari and mandamus against an ad hoc university hiring recommendation committee that "the court should use restraint and be slow to intervene in university affairs by means of discretionary writs whenever it is still possible for the university to correct its errors within its own institutional means" - See paragraph 28.

Cases Noticed:

Re Vanek v. Governors of the University of Alberta (1975), 57 D.L.R.(3d) 595, appld. [para. 25].

Civil Service Association v. Solicitor General (1979), 15 A.R. 503, refd to. [para. 25].

Civil Service Association of Alberta et al. v. Minister of Education and Boesen (1976), 2 A.R. 43, refd to. [para. 25].

Re Paine v. University of Toronto et al. (1981), 34 O.R.(2d) 770, appld. [para. 28].

Statutes Noticed:

Universities Act, R.S.A. 1980, c. U-5, sect. 18 [para. 26]; sect. 21.1(2), sect. 21.1(4) [para. 5].

Counsel:

W.J. Major, for the applicant;

R.W. Thompson, for the University et al.

This case was heard on February 11, 1987, at Calgary, Alberta, before Belzil, Hetherington, and Irving, JJ.A. of the Alberta Court of Appeal.

On February 11, 1987, Irving, J.A., delivered the following judgment for the Court of Appeal: