Ontario Severance

D. v. Conseil des écoles séparées catholiques de langue française de Prescott-Russell

1993 CanLII 5494 (ON SC)Ontario Superior Court of JusticeDecided

Trustee Liability in School Board Redundancy

Summary

This is a procedural ruling regarding the liability of school board trustees and a director of education in an employment dispute involving the redundancy and reassignment of a superintendent. The court addressed whether the defendants were protected under the Public Authorities Protection Act and whether they could be held individually liable for alleged bad faith in declaring the plaintiff's position redundant. The case later reached the Supreme Court of Canada (Des Champs v. Conseil des écoles séparées catholiques de langue française de Prescott-Russell, [1999] 3 SCR 281). The Supreme Court allowed the appeal and reinstated the motions judge's order. This leaves the action to proceed against the School Board, as the six-month limitation period under the Public Authorities Protection Act does not apply.

Outcome

Trustees not individually liable due to insufficient particulars of bad faith

Key Factors

  • public authorities protection act
  • trustees liability
  • bad faith
  • corporate capacity
  • employment reassignment

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More Ontario employment decisions from the 1990s

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.