The applicant, a nursing student with cerebral palsy, sought judicial review of a decision by the respondent college's Student Appeals Committee upholding her failing grade in a clinical course.
The applicant argued she was denied procedural fairness because the Committee failed to provide adequate reasons for its decision, refused to hear her expert witness on discrimination and accommodation, and refused to allow a court reporter to record the proceedings.
The Divisional Court granted the application, finding that the Committee's failure to provide reasons for its decision and its refusal to hear the expert witness constituted a denial of procedural fairness.
The decision was set aside and remitted to a new panel.