The appellant appealed an order striking her statement of claim against the university and its officials for negligent advice.
The motion judge found the claim was in pith and substance an academic dispute.
The Court of Appeal agreed, finding the negligence claim regarding advice on deregistration was part and parcel of the academic dispute.
The court declined to transfer the proceeding to the Divisional Court for judicial review.
The respondents' cross-appeal was allowed to amend the motion judge's order, which had inappropriately fettered the Divisional Court's discretion to consider the defence of delay.
