Vandekerckhove et al. v. Middleton (Township)

Vandekerckhove et al. v. Middleton (Township)

Section 33(1) makes the two schoolhouses a single union school for all separate school purposes; s.57 must be read subject to that union so that s.57 disqualifies only persons residing more than three miles from the site of either of the schoolhouses which formed part of the union; therefore appellants who reside within three miles of the Middleton site remain separate school supporters despite transport to the North Walsingham schoolhouse.

Citation
[1962] SCR 75
Parties
Plaintiff/appellant: Andre Vandekerckhove; Plaintiff/appellant: Yvonne Vandekerckhove; Plaintiff/appellant: Board of Trustees of the Roman Catholic Union Separate School for the United Sections numbers 6 (Middleton) and 22 (North Walsingham); Defendant/respondent: The Corporation of the Township of Middleton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1961
Procedural Posture
Appeal / Final Hearing: Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed; judgment of the Court of Appeal set aside; trial judgment restored.
Legal Topics
Separate Schools, Union Separate School Formation, Supporter Assessment, Statutory Interpretation, School Closure and Pupil Transportation
Source Language
English
Education Law Separate Schools Union Separate School Formation Supporter Assessment Statutory Interpretation School Closure and Pupil Transportation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Andre Vandekerckhove

Plaintiff/appellant

Yvonne Vandekerckhove

Plaintiff/appellant

Board of Trustees of the Roman Catholic Union Separate School for the United Sections numbers 6 (Middleton) and 22 (North Walsingham)

Plaintiff/appellant

The Corporation of the Township of Middleton

Defendant/respondent

Procedural Posture

Appeal / Final Hearing: Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether parents residing within three miles of one of two schoolhouses that formed a union but beyond three miles of the remaining used schoolhouse are entitled to be assessed as separate school supporters
  2. 2 Construction and interaction of s.33(1) and s.57 of The Separate Schools Act, R.S.O. 1950, c.356
  3. 3 Whether temporary or permanent closure of one union schoolhouse affects supporter status

Ratio Decidendi

Section 33(1) makes the two schoolhouses a single union school for all separate school purposes; s.57 must be read subject to that union so that s.57 disqualifies only persons residing more than three miles from the site of either of the schoolhouses which formed part of the union; therefore appellants who reside within three miles of the Middleton site remain separate school supporters despite transport to the North Walsingham schoolhouse.

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; trial judgment restored.

Orders

  • Appeal allowed
  • Judgment of the Court of Appeal set aside