COURT FILE NO.: 205/03

DATE: 20050120

ONTARIO

SUPERIOR COURT OF JUSTICE

(DIVISIONAL COURT)

CUNNINGHAM A.C.J.S.C., SPEYER AND JARVIS JJ.

B E T W E E N:

ROLAND SPIEGEL

Applicant

• and -

SENECA COLLEGE OF APPLIED ARTS & TECHNOLOGY

Respondent

Peter T. J. Danson, for the Applicant

Michael S. Brown, for the Respondent

HEARD: January 20, 2005

JARVIS J. (Orally)

1This application involves very basic issues relating to procedural fairness and natural justice in material context.

2The Applicant was notified on February 21, 2003 that Seneca College had decided that he was required to withdraw from his course of studies. Mr. Spiegel appealed that decision on March 2, 2003. On March 3, 2003 Mr. Spiegel was advised the date for the appeal would be March 7, 2003. By this point he had received no disclosure as to the issues against him. He was served by Purolator at 5:00 p.m. on March 4 with that disclosure. Mr. Spiegel sought an adjournment on March 3 and again on March 6 to prepare a defence and respond to the investigative report. These requests were denied. We are all of the view that, in these circumstances, the refusal to grant a short adjournment to allow Mr. Spiegel to respond to the report was a denial of natural justice and procedural fairness.

3Regarding relief we wish to place Mr. Spiegel in the same place he would have been had he had his request for an adjournment been granted. Accordingly the decision of the panel on March 10, 2003 is quashed as is the decision of the Ombudsman dated March 31, 2003.

4This matter is now reverted back to a newly constituted appeal panel for reviewing.

CUNNINGHAM A.C.J.S.C.

SPEYER J.

JARVIS J.

Date of Reasons for Judgment: January 20, 2005

Date of Release: February 14, 2005

COURT FILE NO.: 205/03

DATE: 20050120

ONTARIO

SUPERIOR COURT OF JUSTICE

(DIVISIONAL COURT)