Karen A. Jensen

The applicant, a medical resident, sought judicial review of a decision by the university's Senate Appeals Committee that upheld her placement on academic probation due to poor performance and patient safety concerns.

The applicant argued that the committee violated procedural fairness and that its decision was unreasonable.

The Divisional Court dismissed the application, finding that the committee provided a high degree of procedural fairness, cured any minor procedural defects through a de novo hearing, and reached a reasonable decision within its academic expertise.

The applicant, a medical resident, filed a human rights application against the University of Ottawa and four doctors, alleging discrimination on the basis of race, colour, place of origin, citizenship, and ethnic origin.

The respondents requested the removal of the personal respondents, arguing the University accepted full liability for their actions as its agents.

The Tribunal removed three of the doctors whose involvement was limited to their official capacities and who were not alleged to have engaged in personal discriminatory conduct.

The Tribunal declined to remove the fourth doctor at this stage, as the applicant alleged she made personal discriminatory comments, which could warrant a specific remedy against her if proven.