Divisional Court Orders University of Ottawa to Re-Register Graduate Student

J.P. Zubec represented a graduate student (“the client”) who was required to withdraw from her studies at the University of Ottawa. An application to the Divisional Court for a review of the decision was filed and the case went to a hearing.

The Situation
The client was a graduate student in the Department of Economics at the University of Ottawa, who suffered from a neuromuscular disability. The client failed a mid-term examination, after which her professor acknowledged that there were marking problems, but refused to remark the exam. The client subsequently became ill during the final examination period and wrote the final exam in that same course despite experiencing dizziness and an impaired ability to concentrate, all of which was caused by her disability.

The client failed the course due to her marks in her mid term and final examination and was required to withdraw from the graduate studies program as a result. The client requested a review and re-grade of her mid term and final examinations and also requested that the mark be removed from her transcript due to the condition of her health when she wrote the final exam. The University of Ottawa denied the request to remove the mark and could not review and re-grade the mid term examination because it had been misplaced. The client was not satisfied with the way she had been treated by the University of Ottawa and retained Shields & Hunt to represent her.

The Hearing
At a hearing before the Divisional Court, Mr. Zubec argued that the client was denied procedural fairness for reasons that included the manner in which her mid term examination was marked and the fact that she could not have that grade reviewed because it had been misplaced.

Counsel for the University of Ottawa argued her request for a grade review was not authorized under its regulations and her request for a grade review was not made on time.

The Result
The Divisional Court held that the client had been treated with such manifest unfairness that there had been a flagrant violation of the rules of natural justice the Court ordered the exceptional remedy of ordering the University of Ottawa to re-register the client in the course, and to pay her legal costs.

Mr. Zubec is an Associate with Shields & Hunt who specializes in civil litigation.
He can be reached at (613) 230-3232 extension 312 or by email at jpzubec@shields-hunt.com.