Ahmed v. Dalhousie College and University, 2014 NSSC 330

• Judge: Moir, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 26, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSSC 330;(2014), 350 N.S.R.(2d) 356 (SC)

Ahmed v. Dalhousie College (2014), 350 N.S.R.(2d) 356 (SC);

    1105 A.P.R. 356

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. SE.021

Ibetsam Ahmed (applicant) v. Dalhousie College and University (respondent)

(Hfx. No. 424785; 2014 NSSC 330)

Indexed As: Ahmed v. Dalhousie College and University

Nova Scotia Supreme Court

Moir, J.

September 9, 2014.

Summary:

Ahmed was dismissed from a doctoral programme in food sciences at Dalhousie University. She sued Dalhousie, alleging misfeasance in public office. Dalhousie moved for summary dismissal of the claim.

The Nova Scotia Supreme Court denied the motion.

Courts - Topic 2015

Jurisdiction - General principles - Controlling abuse of its process (incl. abuse of process by relitigation) - [See Education - Topic 4584 ].

Education - Topic 4565

Universities - The university visitor - Jurisdiction - [See Education - Topic 4582 ].

Education - Topic 4582

Universities - Actions against universities - Jurisdiction - Ahmed was dismissed from a doctoral programme in food sciences at Dalhousie University - She sued Dalhousie, alleging misfeasance in public office - Dalhousie moved for summary dismissal, alleging, inter alia, that the court lacked jurisdiction over "academic matters" as they fell wholly within Dalhousie's jurisdiction and the internal appeal mechanism - The Nova Scotia Supreme Court denied the motion - There was no general exclusion of superior court jurisdiction in "academic matters" - Pronouncements in the cases that supported a lack of jurisdiction referred to distinct fields of law without making it clear whether a distinct field had implications for jurisdiction - In the court's assessment, the only field of law referred to that had any implication for jurisdiction was that of the exclusive jurisdiction of the university visitor - Nothing supported generalizing the university visitor's exclusive jurisdiction into a pronouncement limiting jurisdiction in all cases involving academic matters between universities and professors, scholars or students - In principle, a university was liable when it committed an actionable wrong - In any event, there was no visitor at Dalhousie - Nothing precluded the court's jurisdiction - See paragraphs 18 to 77.

Education - Topic 4583

Universities - Actions against universities - Requirement of disclosing cause of action - Ahmed was dismissed from a doctoral programme in food sciences at Dalhousie University - She sued Dalhousie, alleging misfeasance in public office - Dalhousie moved for summary dismissal, alleging, inter alia, that it was plain and obvious that the claim would fail - The Nova Scotia Supreme Court denied the motion - The issues regarding whether Dalhousie was a "public officer" and whether, if it was, it could be vicariously liable for the actions of Ahmed's supervisor, supervisory committee members and deans required further fact-finding - It was not plain and obvious that either issue would be decided against Ahmed - See paragraphs 7 to 17.

Education - Topic 4584

Universities - Actions against universities - Abuse of process - Ahmed was dismissed from a doctoral programme in food sciences at Dalhousie University - She sued Dalhousie, alleging misfeasance in public office - Dalhousie moved for summary dismissal, alleging, inter alia, that the proceeding was an abuse of process - The Nova Scotia Supreme Court denied the motion - Ahmed's claim might include an attempt to re-litigate on the findings of Dalhousie's Senate Committee - However, the claim had a broad focus, alleging malice over the whole course of Ahmed's almost four years at Dalhousie - If she could prove this, she might be entitled to a remedy - It would be premature to dismiss the action on grounds of abuse - Whether some aspects of the claim were abusive could not be determined in isolation from the whole of the evidence - See paragraphs 78 to 96.

Practice - Topic 5359.1

Dismissal of action - Grounds - General and want of prosecution - Lack of jurisdiction - [See Education - Topic 4582 ].

Practice - Topic 5361

Dismissal of action - Grounds - General and want of prosecution - Abuse of process - [See Education - Topic 4584 ].

Practice - Topic 5702

Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate - [See Education - Topic 4583 ].

Practice - Topic 5719

Judgments and orders - Summary judgments - To dismiss action - [See Education - Topic 4583 ].

Cases Noticed:

Geophysical Service Inc. v. Canada (Attorney General) (2013), 332 N.S.R.(2d) 311; 1052 A.P.R. 311; 2013 NSSC 240, revd. (2014), 340 N.S.R.(2d) 304; 1077 A.P.R. 304; 2014 NSCA 14, refd to. [para. 7].

Odhavji Estate et al. v. Woodhouse et al. (2003), 312 N.R. 305; 180 O.A.C. 201; 2003 SCC 69, refd to. [para. 9].

McLaughlin v. Halifax-Dartmouth Bridge Commission (1993), 125 N.S.R.(2d) 288; 349 A.P.R. 288 (C.A.), dist. [para. 11].

Freeman-Maloy v. Marsden et al. (2006), 208 O.A.C. 307 (C.A.), refd to. [para. 15].

Chambers v. Dalhousie University (2013), 338 N.S.R.(2d) 350; 1071 A.P.R. 350; 2013 NSSC 430, dist. [para. 19].

Said v. University of Ottawa, 2013 ONSC 7186, refd to. [para. 20].

Dawson v. University of Toronto et al., [2007] O.T.C. Uned. S22 (Sup. Ct.), refd to. [para. 24].

Fufa v. University of Alberta (2012), 543 A.R. 119; 2012 ABQB 594, refd to. [para. 24].

Yen v. Alberta (Minister of Advanced Education) et al. (2010), 495 A.R. 292; 2010 ABQB 380, refd to. [para. 25].

Rittenhouse-Carlson v. Portage College (2009), 473 A.R. 298; 2009 ABQB 342, refd to. [para. 25].

Gauthier v. Saint-Germain et al. (2010), 264 O.A.C. 336; 2010 ONCA 309, not folld. [para. 28].

Tillack v. University of Calgary, [1983] A.J. No. 385 (Alta. C.A.), refd to. [para. 43].

Naimji v. University of Alberta et al. (1988), 87 A.R. 357 (Q.B.), refd to. [para. 43].

Harelkin v. University of Regina, [1979] 2 S.C.R. 561; 26 N.R. 364, dist. [para. 43].

Houston v. University of Saskatchewan (1994), 117 Sask.R. 291 (Q.B.), dist. [para. 45].

Kingsbury v. Heighton et al. (2003), 216 N.S.R.(2d) 277; 680 A.P.R. 277; 2003 NSCA 80, refd to. [para. 47].

Toronto (City) v. Canadian Union of Public Employees, Local 79 et al. (2003), 311 N.R. 201; 179 O.A.C. 291; 2003 SCC 63, refd to. [para. 53].

Aba-Alkhail et al. v. University of Ottawa et al. (2013), 311 O.A.C. 89; 2013 ONCA 633, refd to. [para. 60].

Lipsitz et al. v. Ontario et al. (2011), 281 O.A.C. 67; 334 D.L.R.(4th) 606; 2011 ONCA 466, refd to. [para. 60].

King v. University of Saskatchewan, [1968] S.J. No. 231 (C.A.), affd. [1969] S.C.R. 678, refd to. [para. 63].

R. v. University of Saskatchewan, Ex parte King - see King v. University of Saskatchewan.

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re (1998), 221 N.R. 241; 106 O.A.C. 1 (S.C.C.), refd to. [para. 75].

Authors and Works Noticed:

Fridman, G.H.L., The Law of Torts in Canada (3rd. Ed.), pp. 840 to 844 [paras. 12, 13].

Ricquier, William, The University Visitor (1977-1978), 4 Dalhousie L.J. 647, generally [para. 62].

Counsel:

Blair Mitchell, for the applicant;

Rebecca K. Saturley and Scott R. Campbell, for the respondent and moving party.

This motion was heard at Halifax, N.S., on June 26, 2014, by Moir, J., of the Nova Scotia Supreme Court, who delivered the following decision on September 9, 2014.