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Case information

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38153

Donna Zakreski v. British Columbia Public School Employers' Association, et al.

(British Columbia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2019-05-10 Close file on Leave
2019-05-10 Certificate of taxation issued to, Peter A. Csiszar
2019-05-10 Decision on the bill of costs, in the amount of $922.36, Reg
2019-05-10 Submission of the bill of costs, Reg
2019-02-11 Correspondence (sent by the Court) to, the applicant. RE: emails and motions for extension of time.
2019-01-15 Correspondence received from, (Letter Form), Donna Zakreski. Question with respect to a potential motion for reconsideration. Donna Zakreski
2019-01-10 Correspondence received from, (Letter Form), Donna Zakreski. Donna Zakreski
2019-01-07 Bill of costs, (Letter Form), Proof of service (received 2019-02-21), payment (received 2019-02-19) and orginal copy missing (received 2019-02-21)., Completed on: 2019-02-28 British Columbia Public School Employers' Association
2019-01-03 Correspondence received from, (Letter Form), Donna Zakreski. Donna Zakreski
2018-12-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-12-21 Judgment on leave sent to the parties
2018-12-20 Judgment of the Court on the application for leave to appeal,
The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA44545, 2018 BCCA 43, dated January 26, 2018, is dismissed with costs. Since the application is dismissed, it is not necessary to consider the applicant’s motion.
Dismissed, with costs
2018-11-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-11-19 Submission of miscellaneous motion, for consideration by the Court
2018-08-27 Correspondence received from, Consent to the late filing of the Applicant’s Amended Reply British Columbia Public School Employers' Association
2018-08-24 Correspondence received from, Consent to the late filing of the Applicant’s Amended Reply British Columbia Labour Relations Board
2018-08-14 Applicant's reply to respondent's argument, (Letter Form), Amended reply received on 2018-08-21, Completed on: 2018-08-14 Donna Zakreski
2018-08-02 Certificate (on limitations to public access), Amended form 23A requested (received on 2018-08-24) British Columbia Public School Employers' Association
2018-08-02 Notice of name, (Letter Form) British Columbia Public School Employers' Association
2018-08-02 Respondent's response on the application for leave to appeal, (Letter Form), proof of service missing (received on 2018-08-21), Completed on: 2018-08-21 British Columbia Public School Employers' Association
2018-06-14 Letter advising parties of a complete application for leave to appeal, FILE OPENED 2018-06-14
2018-05-28 Notice of miscellaneous motion, (Letter Form), Motion to represent the applicant., Completed on: 2018-05-28 Donna Zakreski
2018-04-24 Letter requesting materials at end of review period; Court file no. not assigned
2018-03-28 Letter acknowledging receipt of an application for leave to appeal
2018-03-26 Application for leave to appeal, (Book Form), (2 volumes), Amended vol 1 and notice (signed by the applicant) received 2018-05-28, Completed on: 2018-06-19 Donna Zakreski

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Zakreski, Donna Applicant Active

v.

Main parties - Respondents
Name Role Status
British Columbia Public School Employers' Association Respondent Active
The Board of School Trustees of School District No. 68 (Nanaimo) Respondent Active
British Columbia Labour Relations Board Respondent Active

Counsel

Party: Zakreski, Donna

This party is not represented by counsel.

Party: British Columbia Public School Employers' Association

Counsel
Name
Peter Csiczar
Contact information
Harris & Company
550 Burrard Street
14th floor
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 684-6633
FAX: (604) 684-6632
Email: pcsiszar@harrisco.com

Party: The Board of School Trustees of School District No. 68 (Nanaimo)

Counsel
Name
Peter Csiczar
Contact information
Harris & Company
550 Burrard Street
14th floor
Vancouver, British Columbia
V6C 2B5
Telephone: (604) 684-6633
FAX: (604) 684-6632
Email: pcsiszar@harrisco.com

Party: British Columbia Labour Relations Board

Counsel
Name
Jennifer O'Rourke
Contact information
British Columbia Labour Relations Board
Suite 600 - Oceanic Plaza
1066 West Hastings Street
Vancouver, British Columbia
V6E 3X1
Telephone: (604) 660-1300
FAX: (604) 660-1892
Email: jennifer.orourke@lrb.bc.ca

Summary

Keywords

Charter of Rights – Right to equality – Discrimination – Applicant’s employment terminated on basis of misconduct in relation to her sick leave – Whether labour relations procedures were impartial and unbiased – Whether applicant suffered discrimination on basis of physical disability

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Ms. Zakreski is a school teacher whose employment was terminated for cause based on her alleged misconduct in relation to her ongoing claims for sick leave. From August 2006 until 2012, Ms. Zakreski had been taking the time she was required to teach every Friday afternoon as partial sick leave. The employer granted her partial sick leave each of those years relying on her doctor’s medical notes that indicated she had health problems, without asking for additional information. In 2012, however, the employer formally asked her for additional medical information to substantiate her ongoing sick leave request. Her physician completed a report that for the first time referred to her as having a chronic sleep disorder. It alleged that Ms. Zakreski required the weekly sick leave to enable her to work four full days each week. A formal investigation into her suspected sick leave abuse resulted in the termination of her employment for misconduct. The union’s grievance of her dismissal was denied, as were Ms. Zakreski’s applications for reconsideration. She sought judicial review of those decisions. The respondents’ application to strike her application for judicial review was granted. The Court of Appeal dismissed Ms. Zakreski’s appeal.

Lower court rulings

June 8, 2017
Supreme Court of British Columbia

S153161, 2017 BCSC 1038

Respondents’ application to strike applicant’s application for judicial review granted; Applicant’s petition struck pursuant to Rule 9-5(1)(a)

January 26, 2018
Court of Appeal for British Columbia (Vancouver)

CA 44545, 2018 BCCA 43

Applicant’s appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2026-10-03