Haldorson v. York Univ., (1996) 95 O.A.C. 311 (DC)

• Judge: O'Driscoll, Flinn and Dilks, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: November 19, 1996
• Jurisdiction: Ontario
• Citations: (1996), 95 O.A.C. 311 (DC)

Haldorson v. York Univ. (1996), 95 O.A.C. 311 (DC)

MLB headnote and full text

In The Matter Of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1;

And In The Matter Of the York University Act, 1965;

And In The Matter Of Harvey Haldorson, Student at York University, and the Finding of Guilt of Academic Dishonesty and Sentencing by the Faculty of Graduate Studies Hearing Committee

Harvey Haldorson (applicant) v. York University (respondent)

(No. 579/95)

Indexed As: Haldorson v. York University

Ontario Court of Justice

General Division

Divisional Court

O'Driscoll, Flinn and Dilks, JJ.

November 19, 1996.

Summary:

A fourth year doctorate program student at York University sought judicial review of a finding of the Faculty of Grad­uate Studies Hearing Committee that he was guilty of academic dishonesty, nam­ely plagiarism.

The Ontario Divisional Court dismissed the application.

Education - Topic 4510

Universities - Students - Academic dis­honesty - Plagiarism - A fourth year doctorate program student at York Univer­sity sought judicial review of a finding of the Faculty of Graduate Studies Hearing Committee that he was guilty of academic dishonesty, namely plagiarism - The grounds for judicial review were that the charge was vague, the proceedings were in violation of ss. 7 and 15 of the Charter and there was a denial of natural justice - The Ontario Divisional Court dismissed the application - The decision was not patent­ly unreason­able, there was no evidence of a breach of natural justice, nor was there any vague­ness - The court stated that assuming, without deciding, that ss. 7 and 15 of the Charter were applicable, this was not a case which would qualify for the court's interference.

Education - Topic 4621

Universities - Judicial review of exercise of powers of universities - General - [See Education - Topic 4510 ].

Cases Noticed:

McKinney v. University of Guelph et al., [1990] 3 S.C.R. 229; 118 N.R. 1; 45 O.A.C. 1; 76 D.L.R.(4th) 545; 2 C.R.R.(2d) 1, refd to. [para. 1].

Counsel:

Roslyn Tsao, for the applicant;

Catherine Poyen, for the respondent.

This application was heard on November 19, 1996, before O'Driscoll, Flinn and Dilks, JJ., of the Ontario Divisional Court. The following decision of the Divisional Court was delivered orally by O'Driscoll, J., on November 19, 1996, and was released on November 22, 1996.