Tony Virgin

The plaintiffs, a university student and a community member, brought an urgent motion seeking to stay or enjoin an ongoing harassment investigation by Queen's University and its independent investigator.

They also sought a mandatory order requiring the University to investigate a separate discrimination complaint.

The court dismissed the motion in its entirety, finding that the investigator's independence was not compromised, there was no serious issue to be tried to justify interfering with an ongoing administrative process, and no mandatory duty to investigate the discrimination complaint had been triggered.

The applicant, a medical resident, sought judicial review of a Postgraduate Tribunal decision that dismissed her appeal of an Academic Review Board order requiring her to withdraw from the program.

She alleged procedural unfairness based on a reasonable apprehension of bias regarding one panel member and inadequate disclosure of redacted patient records.

The Divisional Court dismissed the application, agreeing with the Tribunal that there was no reasonable apprehension of bias and that sufficient disclosure had been provided.