Claims Against Educational Institutions – It's Not Just Academic Anymore

This paper seeks to explore an emerging area in education law, specifically, the right and ability of students to sue educational institutions in court for a compromised education.

What historically was considered an internal administrative law issue (at best) is now a recognized claim in tort and/or contract - universities, professors and teachers, beware.

In this paper we canvas the law as it relates to such academia based claims and then consider the kinds of situations and allegations which may support such a claim in court. Lastly, we provide some takeaways in terms of dealing with these issues going forward.

Background

Historically, it was believed that students would have to pursue the internal administrative process of a university to seek redress for any grievances of an academic nature.

However, given recent developments in the law, it is now clear that students can sue an academic institution in a civil action for breach of contract and/or tort.

The evolution of this process, starting with the presumed jurisdiction of the court, as compared to that of academic institutions, is worthy of review.

Jurisdiction of the Court and Academic Institutions

The Superior Court is a court of inherent jurisdiction. As such, its powers and scope may be limited only by clear and express legislative or contractual provisions to that effect.1

An academic institution such as a university, however, derives its powers and jurisdiction from an enacting statute which bestows the university with the power to internally manage and control the institution's affairs.

For example, the enacting statute of the University of Western Ontario states:

Except in such matters as are assigned by this Act to the Senate or other body, the government, conduct, management and control of the University and of its property and affairs are vested in the Board, and the Board may do such things as it considers to be good for the University and consistent with the public interest [emphasis added].2

As such, courts have held that universities enjoy "broad discretion" in respect of academic affairs.

Further, the Ontario Court of Appeal ("ONCA") in Gauthier v. Saint-Germain held that by enrolling at a university, it is understood that the student implicitly agrees to be subject to the university's discretion in resolving academic matters, including the assessment of the quality of the student's work and the organization and implementation of university programs. 3

The scope of this "broad discretion" is what drove the traditional view that academic institutions enjoyed exclusive jurisdiction over academic affairs. This traditional view has been challenged of late and, as such, the question of what role a court may play in resolving academic disputes requires greater scrutiny.

Can the court adjudicate civil claims arising from academic decisions?

The Supreme Court of Canada has long held that a contractual relationship exists between a university and its fee-paying students, giving rise to duties in both contract and tort.4

Nonetheless, courts have historically been hesitant to accept jurisdiction for actions arising out of disputes regarding academic decisions or activities of a university where no external legislative authority such as the Child Protection Act5 or Consumer Protection Act6apply.

As such, Ontario universities often enjoyed success on early dispositive motions to have a plaintiff's claim struck on the ground that it discloses no reasonable cause...