Laurentian University successful in response to judicial review application

Date Closed

June 30, 2008

Lead Office

Toronto

On June 30, 2008, Laurentian University was successful in its response to this judicial review application commenced by three students who were denied admission to Laurentian's Master of Science in Biology program. The students' application was dismissed by the Divisional Court in August 2007 and the matter was appealed by them to the Court of Appeal in June 2008.

The Court of Appeal applied the recent Supreme Court decision of Dunsmuir v. New Brunswick which sets out the standard of review in judicial review decisions. The Court of Appeal upheld the Divisional Court's view that university admissions decision should be accorded a considerable measure of deference as they go to the core function of a university.

The Court of Appeal also ruled that students are not immune from the cost consequences of unsuccessful litigation and therefore upheld the Divisional Court's award of costs against the applicants. Costs of the appeal were also awarded to Laurentian University.

McCarthy Tétrault LLP advised Laurentian University with a team led by Tom Sutton.

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