Philip Spencer

The appellant, an engineering student, sued the respondent university for fraudulent and negligent misrepresentation regarding the transferability of its two-year program to other Ontario universities.

The motions judge granted summary judgment dismissing the action and denied class certification, finding that the appellant's failure to complete one elective course meant he had not met a 'condition precedent' to rely on the representations.

The Court of Appeal allowed the appeal, holding that the claim was framed in tort, not contract, and therefore no condition precedent applied.

The summary judgment was set aside, and the certification motion was remitted to the Superior Court.

The appellants sought judicial review to quash notices of potential findings of misconduct issued by the Commissioner of the Inquiry on the Blood System in Canada.

The appellants argued the Commissioner exceeded his jurisdiction by making findings that amounted to civil or criminal liability, and that the late delivery of the notices breached procedural fairness.

The Supreme Court of Canada dismissed the appeal, holding that a commissioner may make findings of misconduct and evaluate facts according to standards of conduct, provided they do not amount to conclusions of legal liability.

The Court also found the procedural protections afforded to the parties were extensive and the timing of the notices was fair given the complexity of the inquiry.