Albu v. University of British Columbia, (2015) 366 B.C.A.C. 304 (CA)

• Judge: Garson, MacKenzie and Savage, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 07, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 366 B.C.A.C. 304 (CA);2015 BCCA 41

Albu v. B.C. Univ. (2015), 366 B.C.A.C. 304 (CA);

    629 W.A.C. 304

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. FE.009

Mihaela Albu (appellant/petitioner) v. The University of British Columbia, Vancouver Senate (respondent/respondent)

(CA041595; 2015 BCCA 41)

Indexed As: Albu v. University of British Columbia

British Columbia Court of Appeal

Garson, MacKenzie and Savage, JJ.A.

February 3, 2015.

Summary:

Albu was a student in the Bachelor of Dental Sciences program at the University of British Columbia (UBC). An academic judgment was made in grading a paper, submitted by Albu for a literature review assignment for a course she was taking, that Albu committed plagiarism. She was given a failing grade for the course. The Dean of the Faculty referred the matter to the President's Advisory Committee on Student Discipline which found that Albu had committed academic misconduct by submitting a plagiarized assignment. After receiving and considering the report from the President's Advisory Committee, the President issued Albu a letter of reprimand. Enrolment Services advised Albu that her application for "Review of Assigned Standing" had been returned and there was no change to the previously assigned grade of "0%". Albu then initiated an appeal to the Senate Committee. However, before the appeal was heard, Albu entered into a settlement agreement, a term of which required the Faculty to allow her to repeat the plagiarized assignment. Albu submitted the assignment and she received a failing grade. Albu commenced a civil action against UBC, a professor in the Faculty, and the director of the Dental Hygiene program over the finding of plagiarism and her assigned standing in the course. Albu sought to continue the appeal of her academic standing in the course to the Senate Committee. She requested a hearing before the Senate. The Senate Committee denied her request to initiate an appeal on the basis that the agreement and release had fully resolved the issues. Albu applied for judicial review.

The British Columbia Supreme Court, in a decision reported at [2014] B.C.T.C. Uned. 239, dismissed the application. Albu appealed.

The British Columbia Court of Appeal dismissed the appeal.

Education - Topic 4508

Universities - Students - Academic evaluation - Judicial review - See paragraphs 33 to 40.

Education - Topic 4621

Universities - Judicial review of exercise of powers of universities - General - See paragraphs 33 to 40.

Practice - Topic 9031

Appeals - Evidence on appeal - Admission of "new evidence" or "fresh evidence" - See paragraphs 27 to 32.

Releases - Topic 4003

Operation - General - Persons bound by release - See paragraphs 33 to 40.

Cases Noticed:

Golder Associates Ltd. v. North Coast Wind Energy Corp. (2010), 288 B.C.A.C. 130; 488 W.A.C. 130; 2010 BCCA 263, refd to. [para. 29].

Jens v. Jens (2008), 260 B.C.A.C. 185; 439 W.A.C. 185; 2008 BCCA 392, refd to. [para. 30].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 35].

Actton Transport Ltd. et al. v. Director of Employment Standards (B.C.) et al. (2010), 287 B.C.A.C. 233; 485 W.A.C. 233; 5 B.C.L.R.(5th) 1; 2010 BCCA 272, refd to. [para. 36].

SELI Canada Inc. et al. v. Construction and Specialized Workers' Union, Local 1611 et al. (2011), 309 B.C.A.C. 204; 523 W.A.C. 204; 22 B.C.L.R.(5th) 93; 2011 BCCA 353, refd to. [para. 36].

Counsel:

P.T. Busch, for the appellant;

D.J. Jordan, Q.C., for the respondent.

This appeal was heard at Vancouver, British Columbia, on January 7, 2015, by Garson, MacKenzie and Savage, JJ.A., of the British Columbia Court of Appeal. The following reasons for judgment of the Court of Appeal were delivered by MacKenzie, J.A., on February 3, 2015.