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Education - Universities. Ford v. University of Ottawa
In Ford v. University of Ottawa (Div Court, 2022) the Divisional Court considered (and allowed!) a classic student dream, that of a judicial review of grades:[52] The standard of review in a judicial review of discretionary decisions by academic institutions concerning academic matters is reasonableness: Kahsay v. Humber College Institute of Technology, 2012 ONSC 138 (Div. Ct.) at para. 4; Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (CanLII), [2019] 4 SCR 653, at paras. 23-32.
[53] Where questions of procedural fairness are concerned, the process will either be fair or not. Standards of “reasonableness” or “correctness” do not apply to questions of procedural fairness: Bastien v. University of Toronto, 2021 ONSC 4854 at para. 44; AlGhaithy v. University of Ottawa, 2012 ONSC 142 (Div. Ct.) at para. 30, Vavilov at paras. 79-81, Mattar v. The National Dental Examining Board, 2020 ONSC 403 (Div. Ct.) at para. 47.
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