Ching v. University of Windsor, (1984) 3 O.A.C. 228 (DC)

• Judge: Van Camp, Potts and McKinlay, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: April 09, 1984
• Jurisdiction: Ontario
• Citations: (1984), 3 O.A.C. 228 (DC)

Ching v. Windsor Univ. (1984), 3 O.A.C. 228 (DC)

MLB headnote and full text

Ching v. University of Windsor

(No. 2519/84)

Indexed As: Ching v. University of Windsor

Ontario Divisional Court

Van Camp, Potts and McKinlay, JJ.

April 13, 1984.

Summary:

A university student was found guilty of misconduct by a university senate committee for having written an examination for another person, and was expelled. The student applied to quash the committee's decision. The Ontario Divisional Court upheld the expulsion, but remitted the matter of penalty to a differently constituted panel of the committee, because natural justice was breached by failing to give the student an opportunity to be heard respecting the penalty.

Administrative Law - Topic 2493

Natural justice - Procedure - At hearing - Right to make submissions - A student was found guilty of misconduct by a university senate committee and expelled - No evidence or submissions were made by or on behalf of the student respecting his penalty - The Ontario Divisional Court held that there was a breach of natural justice and remitted the question of penalty to a different panel of the committee.

Counsel:

Steven Rogin, for the applicant;

L.P. Kavanaugh, Q.C., for the respondent.

This application was heard before Van Camp, Potts and McKinlay, JJ., of the Ontario Divisional Court on April 9, 1984. The decision of the Divisional Court was delivered orally by Van Camp, J., and released on April 13, 1984.