Juliette Nolwenn Cecile Mestre

The applicant, a nursing student, sought judicial review of a university tribunal's decision upholding her failing grade in a clinical placement and her subsequent removal from the nursing program.

The applicant argued the decision was unreasonable, illegal, and procedurally unfair, and sought to introduce fresh evidence.

The Divisional Court dismissed the motion for fresh evidence, finding it did not meet the exceptions for judicial review.

Applying the reasonableness standard, the court found the tribunal's decision was justified, transparent, and intelligible.

The court also held that the applicant was afforded a high level of procedural fairness throughout the tribunal process.

The application for judicial review was dismissed.

The applicant, EDE Capital Inc., sought to set aside two arbitral awards: a Partial Award on Damages and a Partial Award on Costs.

The applicant argued that the arbitrator breached procedural fairness by reopening issues and making inconsistent findings, exceeded jurisdiction by affecting non-parties, and mischaracterized claims under the Securities Act.

The court determined that the International Commercial Arbitration Act (ICAA) and the Model Law applied due to one respondent's habitual residence in China.

The court dismissed the application, finding no serious procedural unfairness or excess of jurisdiction, and affirmed the arbitrator's decision, including the costs award.