The Charter and Nova Scotia Human Rights Act do not apply to Trinity Western University, a private university operating in British Columbia.

27. September 2016 0
An application for judicial review of the Barristers’ Society’s decisions to (1) conditionally approve law school graduates from Trinity Western University (TWU) for articles, so long as TWU changed its Covenant or exempted law students from it, and (2) deny graduates articles in Nova Scotia if their law degrees came from a university that discriminated ...

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 ...

BC Supreme Court found Benchers improperly delegated their authority to the Law Society members the refusal to approve Trinity Western’s faculty of law program

25. January 2016 0
The Petitioners, a student and a University, successfully sought judicial review of a decision made by the Respondent (Law Society of British Columbia) to refuse approval for the University’s faculty of law program. Administrative law – Admission to profession – Approval process – Barristers and solicitors – Charter of Rights and Freedoms – Correctness – Decisions ...

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 ...

Trinity Western University applied for judicial review after the Law Society denied their application for accreditation as a Law School

21. August 2015 0
After the Law Society Benchers denied Trinity Western University’s (‘TWU’) application for the accreditation of its proposed law school, TWU applied for judicial review, arguing in part that the Law Society should only have considered whether the school could produce competent lawyers, and not broader public interest factors, when making the decision. The court held ...

The Office of the Information and Privacy Commissioner issued a notice to produce records to a university, demanding that it provide copies of all documents that fell under the complainant’s request, including those over which the university asserted solicitor-client privilege. Authority to do so was said to be provided by s. 56(3) of FOIPPA. The Court of Appeal held that the principles of strict interpretation needed to be applied to s. 56(3), and upon that application, it was clear that the provision did not confer authority upon the Commissioner to require disclosure of records from a public body that were subject to solicitor-client privilege. The language of the provision was not clear or explicit enough to warrant an override of privilege, which is essential to our legal system and the administration of justice.

26. May 2015 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Universities – Freedom of information and protection of privacy – Disclosure of records – Public body – Solicitor-client privilege – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness University of Calgary v. J.R., [2015] A.J. No. 348, ...

The Applicants, Dr. Grahn and the University of Saskatchewan, were succesful in seeking a judicial review of a decision by the Chief Commissioner of the Saskatchewan Human Rights Commission

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights complaints – Duty to accommodate – Universities – Judicial review – Jurisdiction – Standard of review – Correctness – Reasonableness simpliciter University of Saskatchewan v. Saskatchewan Human Rights Commission, [2014] S.J. No. 467, 2014 SKQB 248, Saskatchewan Court of Queen’s Bench, ...

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, ...

The Applicant University sought judicial review of the Saskatchewan Human Rights Commission decision which rejected the University’s application to have Ms. Peng’s complaint dismissed. The Court dismissed the application for judicial review.

Administrative law – Decisions of administrative tribunals – Human Rights Commission – Human Rights – Discrimination – Harassment – Investigations – Labour relations – Universities – Judicial review application – Premature – Estoppel and res judicata – Standard of review – Reasonableness simpliciter University of Saskatchewan v. Peng, [2013] S.J. No. 327, 2013 SKQB 188, ...