Paul S. Rouleau

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.

The appellant bank, acting on behalf of unsecured creditors, challenged the realization of assets by the respondent under an unregistered debenture.

The respondent had appointed a receiver and sold the debtor's assets to a related company to satisfy its debt.

The Supreme Court of Canada held that under section 2(1) of The Corporation Securities Registration Act, an unregistered debenture is void as against other creditors, not merely voidable.

Consequently, the respondent could not rely on the unregistered debenture to gain priority, and the proceeds of the sale were to be distributed among all unsecured creditors.