Corporation of the United Counties of Northumberland and Durham v. Board of Public School Trustees Union School Sections 16 and 18 Townships of Murray and Brighton

Corporation of the United Counties of Northumberland and Durham v. Board of Public School Trustees Union School Sections 16 and 18 Townships of Murray and Brighton

Transportation expenses incurred by the respondent board for transporting county pupils to and from its Continuation Grade B School constituted part of the cost of education of those county pupils because, by virtue of s.15 of the Continuation Schools Act the applicable provisions of the Public Schools Act (ss.94 and 95) applied and permitted inclusion of such transportation costs in the board's estimates; under s.8(1) of the Continuation Schools Act those costs are payable by the county and chargeable and collectible in the manner provided by the High Schools Act. The Court therefore affirmed the Court of Appeal and dismissed the appeal.

Citation
[1941] SCR 204
Parties
Appellant (defendant): Corporation of the United Counties of Northumberland and Durham; Respondent (plaintiff): Board of Public School Trustees, Union School Sections 16 and 18, Townships of Murray and Brighton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 February 1941
Procedural Posture
Appeal / Supreme Court of Canada (on Appeal From the Court of Appeal for Ontario)
Outcome
Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed.
Legal Topics
Continuation Schools, Transportation Costs, Cost of Education, County Pupils, Declaratory Relief, Jurisdictional Determination
Source Language
English
Education Law Municipal Law Statutory Interpretation Continuation Schools Transportation Costs Cost of Education County Pupils Declaratory Relief +1 more

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Parties

Corporation of the United Counties of Northumberland and Durham

Appellant (defendant)

Board of Public School Trustees, Union School Sections 16 and 18, Townships of Murray and Brighton

Respondent (plaintiff)

Procedural Posture

Appeal / Supreme Court of Canada (on Appeal From the Court of Appeal for Ontario)

Legal Issues

  1. 1 Whether transportation costs incurred by a continuation school for county pupils are part of the cost of educating those county pupils and therefore payable by the county
  2. 2 Whether provisions of the Public Schools Act are applicable and not inconsistent with the Continuation Schools Act so as to permit inclusion of transportation costs in school estimates and in cost of education payable by the county
  3. 3 Whether the dispute was properly brought by action given High Schools Act s.36(4) and the Ontario Judicature Act discretion on declaratory relief

Ratio Decidendi

Transportation expenses incurred by the respondent board for transporting county pupils to and from its Continuation Grade B School constituted part of the cost of education of those county pupils because, by virtue of s.15 of the Continuation Schools Act the applicable provisions of the Public Schools Act (ss.94 and 95) applied and permitted inclusion of such transportation costs in the board's estimates; under s.8(1) of the Continuation Schools Act those costs are payable by the county and chargeable and collectible in the manner provided by the High Schools Act. The Court therefore affirmed the Court of Appeal and dismissed the appeal.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed.

Orders

  • Appeal dismissed without costs.
  • Declaration of the Court of Appeal that the cost of transportation of county pupils to and from the Continuation Grade B School is part of the cost of education of such county pupils payable by the defendant and chargeable under The High Schools Act ss.35-38 affirmed.