That’s reasonable, right? The standard of review regarding questions of procedural fairness met by an administrative decision maker is not correctness, but rather whether the standard of fairness required by the common law has been met

21. September 2021 0
Administrative law – Decisions reviewed – University Committees – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Correctness – Remedies – Declaratory relief – Charter relief – Universities – Students – Policies Andres v. Governors of the University of Lethbridge, [2021] A.J. No. 960, 2021 ABQB 551, Alberta Court ...

Decisions of university official regarding student group’s space booking privileges held not to be subject to Charter scrutiny

21. June 2016 0
The vice president of student affairs at the University of Victoria suspended a pro-life student group’s space booking privileges for a year after they violated his instruction not to proceed with a demonstration on campus. The group petitioned for a declaration that the decision was in violation of section 2 of the Charter. The Chambers ...

The Appellant was unsuccessful in appealing a Chambers Judge’s decision that quashed his complaint to the Saskatchewan Human Rights Commission

23. October 2015 0
The Appellant veterinary student (Mr. Hebron) was unsuccessful in appealing a Chambers Judge’s decision.  On application by the Respondent University of Saskatchewan and the Associate Dean (Dr. Grahn), the Chambers Judge had quashed Mr. Hebron’s complaint to the Saskatchewan Human Rights Commission. Administrative law – Correctness – Decisions of administrative tribunals – Disability – Discrimination ...

A doctoral student (“Tapics”) had enrolled in Dalhousie’s University department of oceanography to complete a PhD thesis involving sea turtles. However, a year and a half later, her field supervisor left the University and took data essential to her sea turtle research. Tapics changed her topic to right whales, but her faculty supervisor subsequently withdrew and no replacement supervisor was found by the faculty of graduate studies. Tapics sued Dalhousie and, on appeal, succeeded in establishing that her claim regarding the sea turtle “debacle” was not barred as an abuse of process.

22. September 2015 0
Administrative law – Decisions of administrative tribunals – University Committees – Universities – Fairness – Students – Judicial review – Abuse of process – Jurisdiction of court Tapics v. Dalhousie University, [2015] N.S.J. No. 30, 2015 NSCA 72, Nova Scotia Court of Appeal, July 22, 2015, J.E. Fichaud, P. Bryson and J.E. Scanlan JJ.A. In ...

The Divisional Court of Ontario permitted an application for judicial review by a student who had been expelled by the headmaster of a private school for smoking marijuana. The Court of Appeal held that such a decision was not within the jurisdiction of the court to review for two reasons: one, the nexus between the school’s enabling Act and the expulsion decision was not specific enough to make the decision an exercise of statutory power; and two, even if there was a nexus, the decision could not be reviewed by public law or subject to a public law remedy because the decision maker was a private school created by private statute, and its disciplinary decisions are regulated by contracts between the school and the students’ parents.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – School boards – Powers and duties – Statutory provisions – Schools – Students – Code of conduct – Expulsion of students – Judicial review – Jurisdiction – Compliance with legislation Setia v. Appleby College, [2013] O.J. No. 5736, 2013 ONCA 753, Ontario Court of Appeal, December 13, ...

Judicial review application to set aside decisions of university nursing program and university appeal board denying request to retake practicum program

24. December 2013 0
Administrative law – Decisions of administrative tribunals – University Appeal Board – Nurses – Professional governance and discipline – Training requirements – Attempt – definition – Universities – Students – Evaluation – Judicial review – Applications Chen v. University of Saskatchewan, [2013] S.J. No. 655, 2013 SKQB 367, Saskatchewan Court of Queen’s Bench, October 8, ...

A professor’s application for judicial review of university’s decision to waive academic requirements for a disabled student was denied on the ground that the professor did not have public or private interest in the matter

27. September 2011 0
Administrataive law – Decisions of administrative tribunals – University Committees – Universities – Students – Duty to accommodate – Assessment of grades – review – Parties – Standing – Jurisdiction Lukacs v. Doering, 2011 MBQB 203, [2011] M.J. No. 264, Manitoba Court of Queen’s Bench, August 25, 2011, D.J. McCawley J. The University of Manitoba ...

A medical student was unsuccesful in his application for the prerogative writ of certiorari as it is only available to a student who has been denied natural justice in the course of academic examinations

22. March 2011 0
Administrative law – Decisions of administrative tribunals – University Committees – Rules and by-laws – Universities – Students – Assessment of grades – Judicial review – Jurisdiction – Procedural requirements and fairness – Remedies – Certiorari Sahi v. University of Saskatchewan, [2011] S.J. No. 59, 2011 SKQB 49, Saskatchewan Court of Queen’s Bench, January 28, ...

The applicant suffers from a learning disability and alleged that Mount Saint Vincent University failed to provide her with adequate accommodations during an examination. The Human Rights Commission declined to refer the case to the Board of Inquiry and terminated the complaint. The application for judicial review was dismissed.

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human rights complaints – Disability – Duty to accommodate – Students with special educational needs – Universities – Students – Judicial review – Procedural requirements and fairness – Failure to provide reasons Green v. Nova Scotia (Human Rights Commission), [2010] N.S.J. No. 350, ...

The University of Manitoba (the “University”) unsuccessfully brought a motion seeking summary dismissal of an action commenced by a former dentistry student (“Hozaima”) on the basis that the Court lacked jurisdiction or that the claim represented an abuse of process. The motion was dismissed.

23. September 2008 0
Administrative law – Universities – Students – Assessment of grades – Evaluation – Educational malpractice – Abuse of process – test – Jurisdiction Hozaima v. Perry, [2008] M.J. No. 268, Manitoba Court of Queen’s Bench, July 10, 2008, M.M. Monnin C.J.Q.B. Hozaima was a dentistry student at the University and was forced to resign from ...