Omar Ha-Redeye has a good update on the latest ONCA case involving allegations of misconduct against the University of Ottawa by some Saudi Doctors who were training there. In contrast to our Court of Appeal, the ONCA has decided to wash its hands of such cases and look the other way when it comes to Universities policing themselves with respect to academic discipline issues. I suspect that some day the Supreme Court is going to get involved given the divergence of caselaw between the provinces.
I do suspect, however, that sheer numbers may be behind the ONCA's decision. In Alberta, with only a handful of higher educational institutions (although growing), the courts can maintain a level of deferrence but also sneek a peak every now and then as they did in the Pridgen case. On the other hand, Ontario with its larger population of students and more educational institutions and less judges per capita than Alberta, the ONCA may have decided to shut the door (for now?).
What is also interesting is that the students took a civil litigation approach as opposed to the Human Right Commission approach. I am not sure whether they would have had better luck there, but I suspect that future aggrieved students may choose to pursue their grievances in that venue.
