Academic Misconduct And The Availability Of Judicial Review

Although judicial review has long been used in "traditional" areas of law, such as in disputes between health professionals and their regulatory bodies, judicial review is becoming increasingly available in non-traditional settings.

In Asa v. University Health Network ("Asa") 2016 ONSC 439, the Ontario Divisional Court found that judicial review was available to the Applicant researchers to quash a decision of the Respondent University Health Network in which it was held that the Applicants had committed academic misconduct.

The Facts

In Asa, the Applicants were distinguished cancer researchers engaged in research activities with the Respondent. In this capacity, the Applicants published numerous research papers.