Young v. College of Teachers (B.C.), (1999) 22 B.C.T.C. 68 (SC)

• Judge: E.R.A. Edwards, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: September 22, 1999
• Jurisdiction: British Columbia
• Citations: (1999), 22 B.C.T.C. 68 (SC)

Young v. College of Teachers (1999), 22 B.C.T.C. 68 (SC)

MLB headnote and full text

Temp. Cite: [1999] B.C.T.C. TBEd. OC.053

David Michael Young (appellant) v. The British Columbia College of Teachers (respondent)

(A983015)

Indexed As: Young v. College of Teachers (B.C.)

British Columbia Supreme Court

Vancouver

E.R.A. Edwards, J.

September 22, 1999.

Summary:

A teacher was suspended and fired for tutoring a female student in his home with­out her parents' knowledge. The teacher admitted his conduct constituted pro­fessional misconduct. The council cancelled the teach­er's certificate of qualifi­cation. The teacher appealed.

The British Columbia Supreme Court, in a decision reported at 20 B.C.T.C. 63, allowed the appeal, awarding a one year suspension of the teacher's certificate of qualification. The teacher sought costs for the appeal and the proceedings before the council, assessed as special costs or alterna­tively as increased costs. The respondent asserted that the court lacked jurisdiction to award costs regarding the proceeding before the council as bylaw 6M.09, which was expressly authorized by s. 23(1)(n) of the Teaching Profession Act (allowing costs to be awarded only against a respondent).

The British Columbia Supreme Court awarded the teacher costs for only the appeal on scale 3. Section 23(1)(n) disclosed a legislative intent to permit the council, by bylaw, to limit the council to ordering costs against respondents. An award of costs to the teacher for the proceedings before the coun­cil would run counter to the legislative intent reflected in s. 23(1)(n). Where the legislature expressly permitted an unfair costs regime, the court had no inherent power to award costs that the council could not award in light of the limited scope of bylaw 6M.09.

Education - Topic 6002

Teachers - General - Legislation - Interpre­tation - See paragraphs 1 to 28.

Education - Topic 6267

Teachers - Dismissal - General - Appeal or judicial review of dismissal - Costs - See paragraphs 1 to 28.

Practice - Topic 6923

Costs - General principles - Power to award or fix costs - See paragraphs 1 to 28.

Cases Noticed:

Allen v. College of Teachers (B.C.) (1995), 15 B.C.L.R.(3d) 227 (S.C.), not folld. [para. 3].

Jory v. College of Physicians and Surgeons (B.C.), [1986] B.C.J. No. 3016 (S.C.), affd. (1986), 70 B.C.L.R. 143 (C.A.), applied [para. 4].

Sheridan Geophysics et al. and Minister of Mines and Northern Affairs of Ontario, Re (1976), 12 N.R. 1; 70 D.L.R.(3d) 276 (S.C.C.), appld. [para. 6].

Hansard Spruce Mills Ltd. (Bankrupt), Re (1954), 13 W.W.R.(N.S.) 285 (B.C.S.C.), appld. [para. 17].

Statutes Noticed:

Teaching Profession Act, R.S.B.C. 1996, c. 449, sect. 23(1)(n) [para. 7].

Teaching Profession Act Bylaws (B.C.), Bylaw 6M.09 [para. 8].

Counsel:

Christopher E. Hinkson, Q.C., for the plaintiff;

Maureen E. Baird, for the defendant.

This matter was heard by E.R.A. Edwards, J., of the British Columbia Supreme Court, who filed the following decision on Septem­ber 22, 1999.