Denis J. Power

The appellant challenged the trial judge's conclusion that a payment did not fall within the language of an integration provision.

The Court of Appeal was not persuaded that the trial judge erred.

The appeal was dismissed with costs to the respondent.

The appellant school superintendent sued after a school board declared his position redundant and transferred him to a lesser role.

The respondents argued the claim was barred by the six-month limitation in s. 7 of the Public Authorities Protection Act.

The majority held that the limitation does not protect all acts of a public authority as a matter of status and applies only where the plaintiff's claim correlates to a public duty or power of a public character.

Although the board's overall reorganization was a public initiative, the implementation affecting the appellant was characterized as an internal labour relations matter with a predominantly private aspect.

The appeal was allowed and the action was permitted to proceed against the board.

The appellant, a former Superintendent of Education, had his position declared redundant during a restructuring of the respondent School Board.

He was transferred to a project officer position and subsequently commenced an action for wrongful dismissal more than a year later.

The respondents sought to dismiss the action based on the six-month limitation period under s. 7 of the Public Authorities Protection Act.

The Supreme Court of Canada held that the limitation period did not apply because the appellant's claim related to the internal implementation of the reorganization, which is incidental to the Board's public mandate and predominantly of a private character.

The appeal was allowed and the action permitted to proceed.