18. Subrogation

18.1(a) Cost of absence means the total remuneration paid by the Board during a period when the teacher was absent from work.

(b) Interest means interest calculated in accordance with the provision of the Alberta Judgment Interest Act, SA 1984, c.J-0.5 and amendments and regulations thereto.

(c) Judgment or settlement means an order of a court of competent jurisdiction or an agreement whereby the teacher agrees to accept any sum of money representing past or future loss or remuneration, either by lump sum, periodic payment(s), or through the purchase of an annuity, or any of them.

(d) Remuneration means the salary, allowances, benefit premiums and other monies paid to or in respect of the teacher by the Board.

(e) Teacher means a teacher in respect of whom the Board has incurred a cost of absence and includes the teacher's personal representative, trustee, guardian or the estate of the deceased teacher.

18.2 In the event that the Board incurs a cost of absence as a result of an act or omission of a third party, the Board is subrogated to any right of recovery of the teacher from the third party in the amount of the cost of absence and without restricting the generality of the foregoing, the following provisions apply:

(a) the teacher shall advise the Board in advance of the teacher's intention to initiate any claim in which an act or omission of a third party has resulted in the Board incurring a cost of absence;

(b) the teacher shall upon request by the Board include the cost of absence, as calculated by the Board, in the teacher's claim;

(c) the Board shall have the right (but not the obligation) to maintain an action in the name of the teacher and engage a solicitor (including the teacher's solicitor) to recover the cost of absence;

(d) the teacher agrees to cooperate with the Board and to provide, at the Board's expense, all loss of income records, transcripts, loss of income reports and information with respect to the calculation or allocation of damages and attend examinations for discovery or assist as a witness where required;

(e) the teacher will not settle his/her claim without the prior written consent of the Board as to the amount of the cost of absence to be recovered by the Board;

(f) upon resolution of the amount of the cost of absence payable to the Board, the Board may, upon default of payment by the teacher following demand by the Board offset the agreed upon amount of the cost of absence payable to the teacher by the Board;

(g) the teacher shall not release any third party from the cost of absence without the consent of the Board; and

(h) the Board's consent to settlement shall not be unreasonably withheld.

18.3 When as a result of judgment or settlement with the consent of the Board, the teacher recovers a sum equal to all of the cost of absence, the teacher shall, as of the date of settlement or judgment, pay the full cost of absence recovered to the Board plus interest, less a proportionate share of legal fees payable thereon by the teacher to his/her solicitor with respect to such recovery.

18.4 When as a result of a judgment or settlement with the consent of the Board, the teacher recovers a sum equal to a portion of the cost of absence, the teacher shall as of the date of settlement or judgment, pay to the Board, the amount of the cost of absence recovered plus interest, less a proportionate share of legal fees payable thereon by the teacher to his/her solicitor with respect to such recovery.

18.5 The teacher will upon request by the Board execute such documents and agreements as may be required or deemed desirable by the Board to give effect to the provisions of this article 18.

18.6 In exercising any of its rights under article 18, the Board shall have due regard for the interests of the teacher.

General Clauses

19. This collective agreement shall not affect a teacher’s salary or allowance such that his/her salary or allowance is less than what it would have been had the previous collective agreement remained in effect.

20. All previous collective agreements between or affecting the parties are hereby cancelled.

21. This collective agreement shall endure to the benefit of and shall be binding upon the parties and their successors.



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