Maurice Green

Following an appeal decision, the appellant requested that the court direct a reference to the Master to resolve an ongoing dispute concerning the quantification of fees and potential damages for an invalid suspension.

The Court of Appeal declined to direct a reference or a trial of an issue, finding merit in allowing the parties to state the dispute in their own terms and leaving it to them to commence whatever action they see fit.

The Ontario Teachers' Federation (OTF) appealed a decision declaring its By-law X invalid.

By-law X required its affiliates, including the Ontario Secondary School Teachers' Federation (OSSTF), to collect and remit membership fees to OTF, and allowed OTF to suspend an affiliate for default.

The OSSTF had withheld a portion of the fees designated for the Canadian Teachers' Federation.

The Court of Appeal held that sections 1-5 of By-law X, which established the fee collection mechanism, were validly enacted under the Corporations Act as a matter of internal management.

However, section 6, which permitted the suspension of an affiliate, was ultra vires because it interfered with the OSSTF's statutorily protected role within the OTF.

The appeal was allowed in part.