Cohnstaedt v. University of Regina, [1995] 3 S.C.R. 451

Dr. Martin L. Cohnstaedt Appellant

v.

University of Regina Respondent

Indexed as: Cohnstaedt v. University of Regina

File No.: 24146.

1995: October 12.

Present: La Forest, L'Heureux‑Dubé, Sopinka, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for saskatchewan

Contracts ‑‑ Employment ‑‑ Breach of contract ‑‑ Damages ‑‑ Assessment ‑‑ Tenured professor suing university for breach of contract ‑‑ Damages to be amount of salary and benefits from termination until normal retirement, subject to obligation to mitigate.

APPEAL from a judgment of the Saskatchewan Court of Appeal (1994), 1994 4566 (SK CA), 113 D.L.R. (4th) 178, 116 Sask. R. 241, 59 W.A.C. 241, 2 C.C.E.L. (2d) 161, [1994] 5 W.W.R. 154, allowing in part a judgment of the Court of Queen's Bench (1990), 1990 7518 (SK QB), 88 Sask. R. 94, 35 C.C.E.L. 186, 46 Admin. L.R. 6, assessing damages. Appeal allowed.

A. John Beke, Q.C., and James Nugent, for the appellant.

Gordon J. Kuski, Q.C., and Erin M. S. Kleisinger, for the respondent.

The judgment of the Court was delivered orally by

[1] La Forest J. ‑‑ We are all of the view that the appeal should be allowed substantially for the reasons of the dissenting judge, Mr. Justice Sherstobitoff, in the Court of Appeal. Accordingly, the appeal is allowed, the judgment of the Court of Appeal is set aside and judgment is entered in favour of the appellant in the amount of $208,872.66, with costs throughout.

Judgment accordingly.

Solicitors for the appellant: Balfour Moss, Regina.

Solicitors for the respondent: McDougall, Ready, Regina.