Tapics v. Dalhousie University et al., 2014 NSSC 379

• Judge: Pickup, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 04, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSSC 379;(2014), 352 N.S.R.(2d) 138 (SC)

Tapics v. Dalhousie Univ. (2014), 352 N.S.R.(2d) 138 (SC);

    1112 A.P.R. 138

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. OC.033

Tara Tapics (applicant) v. Dalhousie University, Dr. Christopher Taggart, and Dr. Marlon Lewis (respondents)

(Halifax No. 425795; 2014 NSSC 379)

Indexed As: Tapics v. Dalhousie University et al.

Nova Scotia Supreme Court

Pickup, J.

October 21, 2014.

Summary:

Tapics was a student at Dalhousie University. She began a Ph.D. program in Oceanography under the supervision of Dr. Taggart. Dr. Taggart ceased to act as her Ph.D. supervisor, citing that the working relationship between he and Tapics had broken down. The Department Chair, Dr. Lewis, attempted to find a suitable advisor for Tapics, but was not successful. After she had appealed to the Faculty of Graduate Studies, and further to the Senate Appeals Committee, Tapics filed an application in court seeking a finding of breach of contract and negligence against Dalhousie University, Dr. Taggart and Dr. Lewis. The respondents brought a motion seeking a dismissal of the proceeding on the following bases: (a) the court had no jurisdiction to adjudicate the subject of the proceeding; (b) the proceeding amounted to an abuse of process as the issues had already been determined; and (c) Tapics had failed to plead a reasonable cause of action against Dr. Taggart and Dr. Lewis.

The Nova Scotia Supreme Court dismissed Tapics' application as an abuse of process. The court also dismissed the allegation of slander against Dr. Lewis on the basis that the pleading was deficient. Finally, and, in the alternative, the court dismissed the allegations against Drs. Taggart and Lewis as the pleadings disclosed no material facts upon which personal liability could be found on the part of those individuals.

Courts - Topic 2015

Jurisdiction - General principles - Controlling abuse of its process (incl. abuse of process by relitigation) - [See Education - Topic 4584 ].

Education - Topic 4584

Universities - Actions against universities - Abuse of process - Tapics was a student at Dalhousie University - She began a Ph.D. program in Oceanography under the supervision of Dr. Taggart - Dr. Taggart ceased to act as her Ph.D. supervisor, citing that the working relationship between he and Tapics had broken down - The Department Chair, Dr. Lewis, attempted to find a suitable advisor for Tapics, but was not successful - After she had appealed to the Faculty of Graduate Studies (FGS), and further to the Senate Appeals Committee (SAC), Tapics filed an application in court seeking a finding of breach of contract and negligence against Dalhousie University, Dr. Taggart and Dr. Lewis - The Nova Scotia Supreme Court dismissed Tapics' application as an abuse of process - The majority of the allegations contained in the notice of application had been dealt with by the FGS and/or SAC - The SAC gave Tapics a remedy responsive to the wrong complained of when it ordered the FGS to explore the possibility of mediation with her, giving a six month window in which to do so - See paragraphs 28 to 50.

Libel and Slander - Topic 6121

Practice (incl. parties) - Pleadings - General - Tapics was a student at Dalhousie University - She began a Ph.D. program in Oceanography under the supervision of Dr. Taggart - Dr. Taggart ceased to act as her Ph.D. supervisor, citing that the working relationship between he and Tapics had broken down - The Department Chair, Dr. Lewis, attempted to find a suitable advisor for Tapics, but was not successful - Tapics filed an application in court seeking a finding of breach of contract and negligence against Dalhousie University, Dr. Taggart and Dr. Lewis - In the notice of application Tapics alleged, inter alia, that "The respondent Dr. Lewis was slanderous when he asserted on June 28, 2013 that the Applicant was a dangerous student with a proclivity to violence" - The Nova Scotia Supreme Court dismissed the claim of slander on the basis that the pleadings were deficient - Tapics did not plead: 1. that the alleged statements were made to persons other than her; 2. to whom the alleged statements were made; 3. where the alleged statements were made; or 4. a claim for special damages in relation thereto - See paragraphs 59 to 62.

Practice - Topic 5361

Dismissal of action - Grounds - General and want of prosecution - Abuse of process - [See Education - Topic 4584 ].

Cases Noticed:

Said v. University of Ottawa, 2013 ONSC 7186, refd to. [para. 29].

Gauthier v. Saint-Germain et al. (2010), 264 O.A.C. 336; 2010 CarswellOnt 11457; 2010 ONCA 309, leave to appeal denied (2011), 418 N.R. 393 (S.C.C.), refd to. [para. 33].

Aba-Alkhail et al. v. University of Ottawa et al. (2013), 311 O.A.C. 89; 2013 ONCA 633, refd to. [para. 34].

Ahmed v. Dalhousie College and University (2014), 350 N.S.R.(2d) 356; 1105 A.P.R. 356; 2014 NSSC 330, dist. [para. 47].

MacLellan v. Canada (Attorney General) et al. (2014), 349 N.S.R.(2d) 52; 1101 A.P.R. 52; 2014 NSSC 280, refd to. [para. 55].

Lobo et al. v. Carleton University et al., [2012] O.T.C. Uned. 254; 2012 ONSC 254, refd to. [para. 56].

Counsel:

Barbara Darby, for the applicant;

Rebecca K. Saturley and Scott R. Campbell, for the respondents.

This motion was heard on September 4, 2014, at Halifax, N.S., before Pickup, J., of the Nova Scotia Supreme Court, who delivered the following decision on October 21, 2014.