On October 18, 2013, the Court of Appeal of Ontario upheld the
dismissal of a $150-million claim for damages by three former
medical residents against the University of Ottawa.1 The
students alleged the university had improperly evaluated their
academic performance, resulting in their dismissal or delayed
promotion. The Court of Appeal agreed with the motion judge that
the civil suit was an abuse of process.
The Residents' Action decision confirms that courts
have the discretion to dismiss lawsuits that indirectly attempt to
challenge academic decisions. It also illustrates the high price
students may pay for attempting such proceedings.
The facts
Drs. AlGhaithy, Aba-Alkhail and Alsaigh were medical residents
in the neurosurgery or cardiac surgery programs at the University
of Ottawa. Drs. Aba-Alkhail and Alsaigh struggled academically and
were not promoted with their peers. Dr. AlGhaithy was dismissed
from the university for violating the Faculty of
