COURT FILE NO.: 326/07
DATE: 20080307
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, CUMMING AND LAX JJ.
B E T W E E N:
JILL DRIVER Applicant
- and -
SAULT COLLEGE OF APPLIED ARTS AND TECHNOLOGY Respondent
Ian N. McLean, for the Applicant
Kathleen Stokes, for the Respondent
HEARD at Toronto: March 7, 2008
FERRIER J.: (Orally)
[1] This is an application for judicial review of the Sault College of Applied Arts and Technology internal appeal process. The within proceeding involves the applicant’s involuntary removal from the Nursing program based on the determination that there was a breach of an Academic Behaviour Contract.
[2] The Academic Behaviour Contract was put into place as a result of the applicant’s ongoing failure to adhere to and attain the program’s standards as required by the College for the nursing program.
[3] The applicant takes the position that she was denied procedural fairness and natural justice in being dismissed from the program. The respondent takes the contrary position.
[4] There is ample evidence that an Academic Behaviour Contract, dated February 11, 2003, was warranted in the circumstances. On April 23, 2003, the Academic Administrator, Fran Rose met with the applicant and reviewed the allegations of breaches of the contract. Following a review of the file and a meeting with the Dean, Ms. Rose met again with the applicant on April 24, 2003. Ms. Rose advised the applicant that she was to be involuntarily withdrawn based on the following concerns being at the root of the breaches of the contract: medication errors, unprofessional conduct and a culmination of other concerning events.
[5] Ms. Driver appealed to the Vice President (Academic) and met with him on April 29, 2003, at which time she presented her position. On April 30, 2003, the Vice President confirmed the decision to involuntarily withdraw Ms. Driver from the program.
[6] In our view, the applicant was afforded procedural fairness, including having been advised of the allegations and having been given the opportunity to respond both before Ms. Rose on behalf of the Dean and before the Vice President (Academic) upon the review.
[7] Accordingly, the application is dismissed.
COSTS
[8] Costs payable to the College in the sum of $2,000 including disbursements and GST.
FERRIER J.
CUMMING J.
LAX J.
Date of Reasons for Judgment: March 7, 2008
Date of Release: March 11, 2008
COURT FILE NO.: 326/07
DATE: 20080307
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, CUMMING AND LAX JJ.
B E T W E E N:
JILL DRIVER Applicant
- and -
SAULT COLLEGE OF APPLIED ARTS AND TECHNOLOGY Respondent
ORAL REASONS FOR JUDGMENT
FERRIER J.
Date of Reasons for Judgment: March 7, 2008
Date of Release: March 11, 2008