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Education - Academic Appeals. Ilic v. Canadore College
In Ilic v. Canadore College (Ont Div Ct, 2025) the Ontario Divisional Court dismissed a JR, here against a college's decision "refusing to allow Mr. Ilic to complete the College’s program in respiratory therapy".
The court comments on fairness required within academic appeal procedures, here consideration of appeal timeline extensions:[99] That being said, a note of caution is order when considering whether it is appropriate for an administrative decision maker to strictly enforce its filing deadlines.
[100] For academic decisions affecting a student’s career and livelihood, it is in the interest of both the student and the institution, from the viewpoint of both efficiency and fairness, that the institution have appropriate procedures regarding academic appeals that include defined timelines to institute an appeal. In the case before us, the Appeal Procedures include a clear statement of the consequences of failing to meet the deadline – the decision stands. While that statement provides appropriate clarity, it in no way derogates from the institution’s duty of procedural fairness, which may require the institution to extend the deadline in a particular case if it is reasonable and fair to do so. While we have decided that the respondents did not breach procedural fairness in this case, it should not be considered as suggesting that an institution is justified in enforcing its filing deadlines regardless of the circumstances or in granting an extension only as a rare exception to its rules. Due consideration of the legitimate interests of all affected parties is required.
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