What is the role of the Court of Appeal in adjudicating in cases involving "academic matters"?

Manitoba, Canada


The following excerpt is from Al-Bakkal v. de Vries et al, 2016 MBQB 45 (CanLII):

The jurisprudence is clear. In cases involving “academic matters”, the court has no role in the connected dispute except to fulfill its role in the context of a judicial review. In cases that do involve non-academic misconduct, like that in Bella v. Young, the court need not defer to the academy and it can and should exercise its concurrent jurisdiction to adjudicate the case and if justified, provide an award of damages. Such cases might include situations where, for example, a student is assaulted by an instructor. That type of dispute is clearly non-academic and the pursuit of damages in a civil court would be a possibility. Conversely, where a student fails a course or a year, or is expelled from a faculty, there is no recourse to a superior court except on judicial review. To the extent that a student wishes to seek a remedy, that remedy would lie in the university’s internal appeal mechanism and/or with the court on judicial review.

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