Supreme Court of Canada
Manitoba Teachers’ Society No. 1612 v. Gypsumville Consolidated School District No. 2461, 1980 CanLII 199 (SCC), [1980] 2 SCR 179
Date: 1980-10-16
Gypsumville District Teachers’ Association No. 1612 of the Manitoba Teachers’ Society (Applicant) Appellant;
and
Consolidated School District of Gypsumville No. 2461 (Respondent) Respondent;
and
The Minister of Education and Harold Piercy (Respondents).
The Pine Creek School Division No. 30 (Applicant) Appellant;
and
The Pine Creek Division Association No. 30 of The Manitoba Teachers’ Society (Respondent) Respondent;
and
The Minister of Education and Mel Myers (Respondents).
1980: October 16.
Present: Martland, Ritchie, Dickson, Estey and Lamer JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA
Arbitration—Arbitrators—Neither of two nominated arbitrators impartial—Neutral chairman—No grounds of disqualification—The Public Schools Act, C.C.S.M., c. P250, s. 387(2).
APPEALS from a judgment of the Court of Appeal for Manitoba1, dismissing appeals from a judgment of Kroft J. dismissing the appellants’ applications for orders declaring that arbitrators nominated by the respondents under s. 387(2) of The Public Schools Act, C.C.S.M., c. P250, be disqualified. Appeals dismissed.
F.D. Allen, Q.C., for the appellant Gypsumville District Teachers’ Association No. 1612 of the Manitoba Teachers’ Society.
[Page 180]
D.H. Ringstrom, for the respondent Consolidated School District of Gypsumville No. 2461.
D.H. Ringstrom, for the appellant Pine Creek School Division No. 30.
F.D. Allen, Q.C., for the respondent Pine Creek Division Association No. 30 of the Manitoba Teachers’ Society.
The judgment of the Court was delivered orally by
MARTLAND J.—We are all of the opinion that, in the circumstances of these two appeals, we should not interfere with the judgments of the Court of Appeal. The appeals are dismissed, without costs.
Judgment accordingly.
Solicitors for the Gypsumville District Teachers’ Association No. 1612 of the Manitoba Teachers’ Society and the Pine Creek Division Association No. 30 of the Manitoba Teachers’ Society: Allen & Booth, Winnipeg.
Solicitors for the Pine Creek School Division No. 30 and the Consolidated School District of Gypsumville No. 2461: Fillmore & Riley, Winnipeg.