DATE: 20020916 DOCKET: C37172
COURT OF APPEAL FOR ONTARIO
WEILER, ABELLA and GOUDGE JJ.A.
BETWEEN:
ONTARIO TEACHERS' FEDERATION
Alan J. Lenczner, Q.C.
for the appellant
Applicant (Appellant)
- and -
ONTARIO SECONDARY SCHOOL TEACHERS' FEDERATION, EARL MANNERS, MIKE WALSH, PAM CONSTABLE, RHONDA-KIMBERLEY YOUNG, MALCOLM BUCHANAN, PATRIC BOULOS, GEOFF DELEPLANQUE, GREG McGILLIS, FAY MOMBOURQUETTE, and BEV OUGH
Maurice Green for the respondents
Respondents (Respondents in Appeal)
A N D BETWEEN:
THE ONTARIO SECONDARY SCHOOL TEACHERS' FEDERATION, EARL MANNERS, MIKE WALSH, PAM CONSTABLE, RHONDA-KIMBERLEY YOUNG, MALCOLM BUCHANAN, PATRIC BOULOS, GEOFF DELEPLANQUE, GREG McGILLIS, FAY MOMBOURQUETTE, and BEV OUGH
Applicants (Respondents in Appeal)
- and -
ONTARIO TEACHERS' FEDERATION
Respondent (Appellant)
HEARD: September 4, 2002
A D D E N D U M
BY THE COURT:
[1] [1] At the request of counsel for the appellant, the court invited oral submissions from the parties concerning the appellant’s request that the court direct a reference to the Master in this matter.
[2] [2] There is no dispute between the parties as to the meaning of the court’s reasons. However, the real ongoing dispute between the parties has two parts:
(a) The quantification of the appellant’s fees required to be collected under the by-law following December 6, 2000; and
(b) The determination of whether OSSTF is entitled to damages as a result of the invalid suspension and whether these can be set off against the fees.
[3] [3] There is merit in allowing the parties to state this dispute in their own terms. We therefore decline to direct a reference to the Master or a trial of an issue and leave it to the parties to commence whatever action they may see fit.
[4] [4] No costs.
RELEASED: September 16, 2002 “STG”
“K.M. Weiler J.A.”
“R.S. Abella J.A.”
“S.T. Goudge J.A.”