What are the elements of a “pure master and servant” relationship?

Saskatchewan, Canada


The following excerpt is from Cohnstaedt v. University of Regina, 1986 CanLII 2917 (SK CA):

In dealing with the appellant’s main ground of appeal, we find as a starting point that the relationship between the appellant and the respondent involved an element of public employment or service, or something in the nature of an office or status, supported by statute, which is capable of protection. The words of Lord Wilberforce in Malloch v. Aberdeen Corporation, [1971] 1 W.L.R. 1578, at pp. 1595-15% are apposite: “One may accept that there are relationships in which all requirements of the observance of rules of natural justice are excluded (and I do not wish to assume that this is inevitably so), these must be confined to what have been called ‘pure master and servant cases,’ which I take to mean cases in which there is no element of public employment or service, no support by statute, nothing in the nature of an office or a status which is capable of protection. If any of these elements exist, then in my opinion, whatever the terminology used, and even though in some inter partes aspects the relationship may be called that of master or servant, there may be essential procedural requirements to be observed, and failure to observe them may result in a dismissal being declared to be void.”

Other Questions


Is a master liable to his servant’s property for damage caused to the property of the servant? (Saskatchewan, Canada)
What is a master’s duty towards his servant? (Saskatchewan, Canada)
Can a master be held liable if a servant sells a bottle of porter to a child as young as nine years old? (Saskatchewan, Canada)
What is the legal test for dismissal of a servant for verbal abuse by their master? (Saskatchewan, Canada)
What is the test for a master to be held liable for the actions of his servant? (Saskatchewan, Canada)
What are the elements of a cause of action? (Saskatchewan, Canada)
What is the legal basis for the dismissal of a master of a private school? (Saskatchewan, Canada)
What is just cause for dismissal of a servant? (Saskatchewan, Canada)
What are the elements of deceit and breach of fiduciary duty? (Saskatchewan, Canada)
What is the appeal from an order made by the Local Master at Moose Jaw on an application for security for costs? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.