Acme (Village) School District No. 2296 v. Steele Smith

Acme (Village) School District No. 2296 v. Steele Smith

Majority held that s.157 of the 1931 School Act, read in context of Part XIII and the Act as a complete revision of school law, applied to all teacher agreements including those entered into before July 1, 1931; consequently termination by the Board after the Act came into force required prior approval of an...

Source-derived case information.

Citation
[1933] SCR 47
Parties
Defendant Appellant: Board of Trustees of the Acme Village School District No. 2296; Plaintiff Respondent: John Steele-Smith
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 December 1932
Procedural Posture
Appeal / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta; Special Case Answered in Lower Courts
Outcome
Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Alberta and trial judge affirmed
Legal Topics
Retrospective Operation of Statutes, Teacher Dismissal and Contract Termination, Inspector Approval Requirement, Interpretation of Consolidated Statutes
Source Language
english
Statutory Interpretation Education Law Administrative Law Contract Law Retrospective Operation of Statutes Teacher Dismissal and Contract Termination Inspector Approval Requirement Interpretation of Consolidated Statutes

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Parties

Board of Trustees of the Acme Village School District No. 2296

Defendant Appellant

John Steele-Smith

Plaintiff Respondent

Procedural Posture

Appeal / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta; Special Case Answered in Lower Courts

Legal Issues

  1. 1 Whether s.157 of The School Act, Statutes of Alberta (1931) c.32 applies to contracts of engagement entered into before the Act came into force
  2. 2 Whether compliance with an existing contract clause alone (clause 6) suffices to terminate the contract without inspector approval after the new Act came into force
  3. 3 Whether application of s.157 to existing contracts gives the statute retrospective effect impairing vested rights

Ratio Decidendi

Majority held that s.157 of the 1931 School Act, read in context of Part XIII and the Act as a complete revision of school law, applied to all teacher agreements including those entered into before July 1, 1931; consequently termination by the Board after the Act came into force required prior approval of an inspector (except in June) and the Board's July 1931 notice without inspector approval was invalid.

Court Disposition

Appeal dismissed; judgment of the Appellate Division of the Supreme Court of Alberta and trial judge affirmed

Orders

  • Appeal dismissed with costs
  • Judgment below affirmed