The University of Manitoba brought a motion to strike the plaintiff's statement of claim, arguing it was statute-barred and concerned an academic dispute over his 2007 medical school application.
The plaintiff contended his claim was based on the University's attempts to suppress his publications through legal threats, infringing his Charter rights to freedom of expression.
The court found the "pith and substance" of the claim related to the academic decision-making process, which was statute-barred and not within the court's jurisdiction.
The court also determined that the "cease and desist" letter sent to the plaintiff did not constitute a violation of his Charter rights or a sustainable cause of action.
The motion to strike was granted, and costs were awarded to the University.
