FUFA v UNIVERSITY OF ALBERTA

Citation 2012 ABQB 594

Court Court of King's Bench of Alberta

Year 2012

Justice MARCEAU J

Rules Discussed

Rule 3.68 Court options to deal with significant deficiencies
Rule 7.3 Summary Judgment (Application and decision)

Case Summary

The Appellant appealed a Master’s Decision dismissing his suit against the Respondent University. The Action was commenced via a Statement of Claim, and alleged tort and breach of contract. The Action related to the Appellant’s forced withdrawal from a doctoral program due to academic issues.

The Court upheld the Master’s Decision. The grounds for dismissal were:

(a) The Court had no jurisdiction regarding Claims of an academic nature [Rule 3.68(2)(a)];

(b) The allegations regarding tortious conduct were frivolous [Rule 3.68(2)(c)];

(c) The Claim was an attempt to circumvent Legislation granting Universities autonomy, and thus was an abuse of process [ Rule 3.68(2)(d)]; and

(d) There was no merit to the Claim [Rule 7.3(1)(b)].

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