Green v. Tram et al., (2015) 320 Man.R.(2d) 84 (QB)

• Judge: Edmond, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: July 21, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 320 Man.R.(2d) 84 (QB);2015 MBQB 128

Green v. Tram (2015), 320 Man.R.(2d) 84 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. AU.005

Martin Green (plaintiff) v. Hiep Tram, Arlene Skull, Deb Woloshyn, Wally Stewart, John Anchan and The University of Winnipeg (defendants)

(CI 12-01-79879; 2015 MBQB 128)

Indexed As: Green v. Tram et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Edmond, J.

July 21, 2015.

Summary:

Green was enrolled in a teacher certification program at the University of Winnipeg. He was assigned to teaching duties at a high school for the program's practicum component. Officials at the high school complained about Green's teaching methods and behaviour. Green's practicum was terminated. Green sued officials at the high school (the "high school defendants") and officials at the university (the "university defendants") for damages. The university defendants moved for summary judgment dismissing the action against them.

A Master of the Manitoba Court of Queen's Bench, in a decision reported at (2013), 293 Man.R.(2d) 192, dismissed the motion. The university defendants appealed and brought a motion to adduce further evidence at the appeal hearing.

The Manitoba Court of Queen's Bench, in a decision reported at (2013), 300 Man.R.(2d) 283, dismissed the motion.

The Manitoba Court of Queen's Bench allowed the appeal and granted the university defendants' motion for summary judgment dismissing Green's claim.

Editor's Note: For related decisions involving the high school defendants, see (2014), 307 Man.R.(2d) 82 (Q.B.) and (2015), 315 Man.R.(2d) 54; 630 W.A.C. 54 (C.A.).

Education - Topic 4093

Universities - Powers - Discipline - [See Practice - Topic 5702 ].

Education - Topic 4510.1

Universities - Students - Non-academic misconduct - [See Education - Topic 4582 ].

Education - Topic 4582

Universities - Actions against universities - Jurisdiction - Green was enrolled in a teacher certification program at the University of Winnipeg - He was assigned to teaching duties at a high school for the program's practicum component - Officials at the high school were unhappy with Green's teaching methods and behaviour and asked that he be transferred to a different school - The university terminated Green's practicum - Green sued officials at the university for damages - The defendants moved for summary judgment dismissing the claim, arguing that the dispute was an academic matter over which the university's own dispute resolution scheme had jurisdiction - A Master dismissed the motion, finding that there was no dispute resolution scheme for the dispute relating to Green's removal from the teaching practicum - The Manitoba Court of Queen's Bench allowed the defendants' appeal - Although Green's non-academic conduct was at issue, his behaviour affected university students, staff and the teaching environment - Therefore, this was still an academic matter over which the university had clear jurisdiction pursuant to its Student Non-Academic Conduct and Discipline Policy - The process set out in the Policy was applied in this case - Green was afforded an appeal by a full panel of the Student Discipline Appeals Committee which included consideration of his removal from the teaching practicum - His remedy was to seek judicial review - See paragraphs 53 to 79.

Education - Topic 4623

Universities - Judicial review of exercise of powers of universities - When available - [See Education - Topic 4582 ].

Practice - Topic 5702

Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate - Green was enrolled in a teacher certification program at the University of Winnipeg - He was assigned to teaching duties at a high school for the program's practicum component - Officials at the high school were unhappy with Green's teaching methods and behaviour and asked that he be transferred to a different school - The university terminated Green's practicum - Green sued officials at the university, alleging conspiracy to injure, breach of contract, and breach of the duty of care - A Master dismissed the defendants' motion for summary judgment to dismiss the claim - The Manitoba Court of Queen's Bench allowed the defendants' appeal on the basis that the dispute was an academic matter over which the university's own dispute resolution scheme had jurisdiction - Even if the court did have jurisdiction, it would have granted summary judgment on the basis that Green's claim failed to establish a genuine issue for trial - The defendants acted in a manner that fulfilled their responsibilities to the university and to students to the best of their abilities in the circumstances - They acted in accordance with the requirements set forth in the Certification Practicum Student Handbook and the Student Non-Academic Conduct and Discipline Policy - See paragraphs 82 to 96.

Practice - Topic 5719

Judgments and orders - Summary judgments - To dismiss action - [See Practice - Topic 5702 ].

Cases Noticed:

Hryniak v. Mauldin (2014), 453 N.R. 51; 314 O.A.C. 1; 366 D.L.R.(4th) 641; 2014 SCC 7, refd to. [para. 44].

Ryan v. Canadian Farm Insurance Corp. et al. (2014), 309 Man.R.(2d) 286; 2014 MBQB 178, agreed with [para. 46].

Green v. University of Winnipeg (2014), 312 Man.R.(2d) 201; 2014 MBQB 243, refd to. [para. 53].

Hozaima v. Perry et al. (2010), 251 Man.R.(2d) 148; 478 W.A.C. 148; 2010 MBCA 21, agreed with [para. 53].

Warraich v. University of Manitoba (2003), 173 Man.R.(2d) 202; 293 W.A.C. 202; 226 D.L.R.(4th) 714; 2003 MBCA 58, agreed with [para. 53].

Harelkin v. University of Regina, [1979] 2 S.C.R. 561; 26 N.R. 364, refd to. [para. 53].

Cruickshank v. University of Lethbridge et al., [2010] A.R. Uned. 365; 2010 ABQB 186, refd to. [para. 53].

Dawson v. University of Toronto et al., [2007] O.T.C. Uned. S22 (Sup. Ct.), refd to. [para. 53].

Fufa v. University of Alberta (2012), 543 A.R. 119; 2012 ABQB 594, refd to. [para. 53].

Walia v. University of Manitoba et al., [2013] Man.R.(2d) Uned. 33; 2013 MBCA 61, agreed with [para. 53].

Jaffer v. York University (2010), 268 O.A.C. 338; 326 D.L.R.(4th) 148; 2010 ONCA 654, refd to. [para. 80].

Gauthier v. Saint-Germain et al. (2010), 264 O.A.C. 336; 325 D.L.R.(4th) 558; 2010 ONCA 309, refd to. [para. 80].

Wong v. University of Toronto (1992), 4 Admin. L.R.(2d) 95 (Ont. C.A.), refd to. [para. 80].

Dawson v. University of Toronto et al., [2007] O.A.C. Uned. 528; 2007 ONCA 875, refd to [para. 80].

Zabo v. University of Ottawa, [2005] O.A.C. Uned. 300 (C.A.), leave to appeal refused (2006), 352 N.R. 192; 217 O.A.C. 399 (S.C.C.), refd to. [para. 80].

Young v. Bella et al., [2006] 1 S.C.R. 108; 343 N.R. 360; 254 Nfld. & P.E.I.R. 26; 764 A.P.R. 26; 2006 SCC 3, refd to. [para. 81].

Polimeni v. Danzinger and Foerster (1995), 105 Man.R.(2d) 91 (Q.B.), affd. (1997), 113 Man.R.(2d) 304; 131 W.A.C. 304 (C.A.), refd to. [para. 84].

Goldentuler v. Mercedes-Benz Canada Inc. et al., [2013] O.T.C. Uned. 4150; 2013 ONSC 4150, refd to. [para. 84].

Mraiche Investment Corp. v. McLennan Ross LLP et al. (2012), 524 A.R. 151; 545 W.A.C. 151; 2012 ABCA 95, refd to. [para. 84].

Harris v. GlaxoSmithKline Inc. et al. (2010), 272 O.A.C. 214; 106 O.R.(3d) 661; 2010 ONCA 872, refd to. [para. 84].

Counsel:

M. Green, appeared in person/self-represented;

Brian J. Meronek, Q.C., and Ian S. McIvor, for the defendants, D. Woloshyn, W. Stewart, J. Anchan and the University of Winnipeg.

This appeal was heard before Edmond, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on July 21, 2015.