Warraich v. University of Manitoba,

• Jurisdiction: Manitoba
• Judge: Scott, C.J.M., Steel and Hamilton, JJ.A.
• Neutral Citation: 2003 MBCA 58
• Citation: (2003), 173 Man.R.(2d) 202 (CA),2003 MBCA 58,226 DLR (4th) 714,[2003] 11 WWR 400,[2003] MJ No 138 (QL),173 Man R (2d) 202,226 D.L.R. (4th) 714,173 Man.R.(2d) 202,173 ManR(2d) 202,[2003] M.J. No 138 (QL),(2003), 173 ManR(2d) 202 (CA)
• Date: 03 April 2003
• Court: Court of Appeal (Manitoba)

Warraich v. Man. Univ. (2003), 173 Man.R.(2d) 202 (CA);

    293 W.A.C. 202

MLB headnote and full text

Temp. Cite: [2003] Man.R.(2d) TBEd. AP.040

Naseer Warraich (applicant/respondent) v. The University of Manitoba (respondent/appellant)

(AI 03-30-05467; 2003 MBCA 58)

Indexed As: Warraich v. University of Manitoba

Manitoba Court of Appeal

Scott, C.J.M., Steel and Hamilton, JJ.A.

April 15, 2003.

Summary:

A medical resident at the University of Manitoba was placed on probation. The resident appealed under the University's dispute resolution processes. The appeal was before the University's senate. Unsatisfied, the resident filed a court application for a declaration respecting an alleged breach of his contractual entitlement to be provided with academic and practical training by the University. A motions judge dismissed the University's motion to strike the application. The University appealed.

The Manitoba Court of Appeal allowed the appeal and struck the application.

Courts - Topic 2086

Jurisdiction - Extent of - Interpretation of statute ousting jurisdiction - In Desrivieres v. Manitoba (2002), the Manitoba Court of Appeal stated that the courts could defer jurisdiction to a statutorily based dispute resolution regime in the absence of an express grant of exclusive jurisdiction in the legislation or the absence of a collective agreement between the parties when certain criteria were met - In 2003, The Manitoba Court of Appeal stated that the principles summarized in Desrivieres v. Manitoba were equally applicable to the broader context of any dispute where the source of an effective dispute mechanism was statutory in nature - See paragraph 11.

Courts - Topic 2086

Jurisdiction - Extent of - Interpretation of statute ousting jurisdiction - A medical resident at the University of Manitoba was placed on probation - He appealed under the University's dispute resolution processes - The appeal was before the University's senate - The resident filed a court application for a declaration respecting an alleged breach of his contractual entitlement to be provided with academic and practical training by the University - A motions judge dismissed the University's motion to strike the application - The Manitoba Court of Appeal allowed the University's appeal and struck the application - The essential character of the dispute related to academic matters - Such disputes were better resolved by the University's own procedures so long as they were fair, comprehensive and effective - The senate was fully empowered to provide the appropriate resolution of the dispute given its all-encompassing authority under s. 34(1) of the University of Manitoba Act - See paragraphs 8 to 19.

Education - Topic 4513

Universities - Students - Academic evaluation - Appeals - [See second Courts - Topic 2086 ].

Cases Noticed:

St. Anne Nackawic Pulp & Paper Co. v. Canadian Paper Workers Union, Local 219, [1986] 1 S.C.R. 704; 68 N.R. 112; 73 N.B.R.(2d) 236; 184 A.P.R. 236, refd to. [para. 8].

Allen et al. v. Alberta et al. (2003), 301 N.R. 174; 327 A.R. 1; 296 W.A.C. 1; (S.C.C.), refd to. [para. 8].

Goudie et al. v. Ottawa (City) (2003), 301 N.R. 201; 170 O.A.C. 201 (S.C.C.), refd to. [para. 8].

Desrivieres v. Manitoba (2002), 170 Man.R.(2d) 139; 285 W.A.C. 139 (C.A.), refd to. [para. 9].

Regina Police Association Inc. and Shotton v. Board of Police Commissioners of Regina, [2000] 1 S.C.R. 360; 251 N.R. 16; 189 Sask.R. 23; 216 W.A.C. 23, refd to. [para. 11].

Gendron v. Supply and Services Union of the Public Service Alliance of Canada, Local 50057 et al., [1990] 1 S.C.R. 1298; 109 N.R. 321; 66 Man.R.(2d) 81, refd to. [para. 11].

Harelkin v. University of Regina, [1979] 2 S.C.R. 561; 26 N.R. 364, refd to. [para. 12].

King v. University of Saskatchewan, [1969] S.C.R. 678, refd to. [para. 14].

Wong v. University of Toronto (1989), 79 D.L.R.(4th) 652 (Dist. Ct.), affd. [1992] O.J. No. 3608 (C.A.), refd to. [para. 18].

Authors and Works Noticed:

Halsbury's Laws of England (3rd Ed. 1955), vol. 11, p. 104 [para. 14].

Counsel:

C.J. Phelan, Q.C., and P. Ginakes, for the appellant;

G.M. Wood, for the respondent.

This appeal was heard on April 3, 2003, by Scott, C.J.M., Steel and Hamilton, JJ.A., of the Manitoba Court of Appeal. The following decision of the court was delivered by Scott, C.J.M., on April 15, 2003.