The court does not have the jurisdiction to hear a professor’s claims against the University based on the torts of non-sexual common law harassment, intimidation, and unlawful interference with economic interests. In the result, the action was dismissed. The essential nature of the dispute related to the working conditions of employees and the failure of the University to take adequate measures to ensure a safe and harassment free working environment. The appropriate forum for the resolution of the dispute was the grievance and arbitration procedure set out in the collective bargaining agreement.

27. August 2002 0
Administrative law – Labour law – Arbitration – Collective agreements – Working conditions – Jurisdiction of court – Universities – Jurisdiction Hemmings v. University of Saskatchewan, [2002] S.J. No. 457, Saskatchewan Court of Appeal, July 30, 2002, Vancise, Sherstobitoff and Jackson JJ.A. A tenured professor commenced an action against the University for intimidation, intentional infliction of harm, ...

Duck Lake Feed Processors Ltd. (“DLFP”) succeeded in obtaining an order setting aside an order issued by the council of Duck Lake directing DLFP to remedy perceived inadequacies in the structure of DLFP’s feed processing facility. The court held that the council did not have sufficient evidence with respect to the actual condition of the building to support the order made.

23. April 2002 0
Administrative law – Municipal boards – Orders – Validity Duck Lake Feed Processors Ltd. v. Duck Lake (Town), [2002] S.J. No. 139, Saskatchewan Court of Queen’s Bench, March 13, 2002, Maher J. DLFP applied pursuant to s. 134(4) of The Urban Municipality Act, 1984 S.S. 1983-1984, c. U-11, for review of an order made by ...

Nexen Inc. (“Nexen”) sought judicial review of the decision of the chief electrical inspector who had refused to issue a permit to Nexen for an extension to its distribution system on the basis that the government utility, SaskPower, had the exclusive right to “supply, transport, distribute and sell” electricity. The court allowed Nexen’s appeal and set aside the decision of the chief inspector holding that the chief inspector had considered circumstances not relevant to the overall purpose of the Act under which he derived his powers, which was related to technical and safety standards, in refusing the permit.

23. April 2002 0
Administrative law – Permits and licences – Compliance with legislation – Inspections – Powers under legislation Nexen Inc. v. Saskatchewan (Chief Electrical Inspector), [2002] S.J. No. 128, Saskatchewan Court of Queen’s Bench, March 6, 2002, Pritchard J. On August 13, 2001, the chief inspector, appointed by SaskPower pursuant to s. 6 of The Electrical Inspection ...

The Applicant police officer appealed from the decision of the Saskatchewan Police Commission (the “Commission”) which found the Applicant guilty of discreditable conduct and imposed a disciplinary penalty. The court made an order in the nature of certiorari and set aside the decision of the Police Commission because the Commissioner failed to comply with the imperative procedural requirements of the Police Act.

26. March 2002 0
Administrative law – Judicial review – Procedural requirements – Statutory powers – Remedies – Certiorari – Police – Disciplinary proceedings – Privative clauses Selinger v. Saskatchewan (Police Commission), [2002] S.J. No. 95, Saskatchewan Court of Queen’s Bench, February 5, 2002, Kyle, J. The Commission made an order on May 22, 2001, dismissing the applicant’s appeal from the ...