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

JudgeGarson, MacKenzie and Savage, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateJanuary 07, 2015
JurisdictionBritish 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.

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64 practice notes
  • Kawula v Institute of Chartered Accountants of Saskatchewan, 2017 SKCA 70
    • Canada
    • Court of Appeal (Saskatchewan)
    • 7 Septiembre 2017
    ...British Columbia (Passenger Transportation Board), 2014 BCCA 329 at paras 46–51, [2014] 10 WWR 446; Albu v University of British Columbia, 2015 BCCA 41 at para 31, 366 BCAC 304; and Provincial Court Judges’ Association of British Columbia v British Columbia (Attorney General), 2017 BCCA 63 ......
  • Fraser Mills Properties Ltd. v. Coquitlam (City), 2018 BCCA 328
    • Canada
    • Court of Appeal (British Columbia)
    • 23 Agosto 2018
    ...2015 BCCA 352 , aff’d 2017 SCC 54 ). [37] The same point has been made by the Court of Appeal (Albu v. The University of British Columbia, 2015 BCCA 41 at para. [36] On judicial review, the reviewing court generally does not admit evidence that is not part of the record: SELI Canada Inc. v.......
  • Air Canada v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 BCCA 387
    • Canada
    • Court of Appeal (British Columbia)
    • 19 Octubre 2018
    ...conduct the proceedings based on the record that was before the administrative decision maker: Albu v. University of British Columbia, 2015 BCCA 41, at paras. 35-36. Thus, a general rule precludes the receipt of new evidence on a judicial review, subject to certain exceptions respecting mat......
  • Gjerde v. Workers' Compensation Board (Sask.), 2016 SKCA 30
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 9 Marzo 2016
    ...discussed when the record might be supplemented for the purposes of a judicial review. Citing Albu v The University of British Columbia , 2015 BCCA 41, 366 BCAC 304, she adopted the general principle that on judicial review a Court should not admit evidence that is not part of the record. S......
  • Request a trial to view additional results
32 cases
  • Kawula v Institute of Chartered Accountants of Saskatchewan, 2017 SKCA 70
    • Canada
    • Court of Appeal (Saskatchewan)
    • 7 Septiembre 2017
    ...British Columbia (Passenger Transportation Board), 2014 BCCA 329 at paras 46–51, [2014] 10 WWR 446; Albu v University of British Columbia, 2015 BCCA 41 at para 31, 366 BCAC 304; and Provincial Court Judges’ Association of British Columbia v British Columbia (Attorney General), 2017 BCCA 63 ......
  • Fraser Mills Properties Ltd. v. Coquitlam (City), 2018 BCCA 328
    • Canada
    • Court of Appeal (British Columbia)
    • 23 Agosto 2018
    ...2015 BCCA 352 , aff’d 2017 SCC 54 ). [37] The same point has been made by the Court of Appeal (Albu v. The University of British Columbia, 2015 BCCA 41 at para. [36] On judicial review, the reviewing court generally does not admit evidence that is not part of the record: SELI Canada Inc. v.......
  • Air Canada v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 BCCA 387
    • Canada
    • Court of Appeal (British Columbia)
    • 19 Octubre 2018
    ...conduct the proceedings based on the record that was before the administrative decision maker: Albu v. University of British Columbia, 2015 BCCA 41, at paras. 35-36. Thus, a general rule precludes the receipt of new evidence on a judicial review, subject to certain exceptions respecting mat......
  • Gjerde v. Workers' Compensation Board (Sask.), 2016 SKCA 30
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 9 Marzo 2016
    ...discussed when the record might be supplemented for the purposes of a judicial review. Citing Albu v The University of British Columbia , 2015 BCCA 41, 366 BCAC 304, she adopted the general principle that on judicial review a Court should not admit evidence that is not part of the record. S......
  • Request a trial to view additional results

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