Three students have been ordered to pay Laurentian University $38,000 after an Ontario Court of Appeal decision released June 30.
The students had sought a judicial review of a decision of the university to deny their admission to a master's program in biology.
In a unanimous decision, the court of appeal dismissed the students' appeal both on the merits and with respect to the divisional court's award of costs and awarded a further $15,000 in costs.
In an earlier unanimous decision on August 15, 2007, a three-judge panel of the Ontario Superior Court of Justice, divisional court had rejected the initial application filed by the three students.
At the time, the court awarded approximately $23,000 in costs to the university, payment of which was suspended pending the outcome of the students' appeal. Total costs now awarded the university are approximately $38,000.
In a related matter, on April 28, 2006, 24 students, including the three individuals noted above, commenced a $30 million action in the Ontario Superior Court of Justice against Laurentian and 18 individuals.
On May 17, 2007, the Ontario Superior Court of Justice granted the relief requested by the university and dismissed the students' claims against 16 of the named individuals on the grounds that there was no basis for a claim of wrongdoing against these individuals.
In addition, three of the students consented to a dismissal of all of their claims against Laurentian and the remaining two individuals.
A press release put out by Laurentian states that the institution maintains that the remaining allegations against it and the two individuals are without merit.
The university has filed with the Ontario Superior Court of Justice in Sudbury a statement of defence denying the allegations that have been made and setting out its response.
"The university hopes the Court of Appeal's recent decision, as well as two other court decisions in favour of the university, will encourage the students to now consensually bring an end to all legal proceedings initiated by current and former students in the behavioural neuroscience program," said Dr. Harley d'Entremont, vice-president academic (francophone affairs), in a release.
"At this time the university remains open to considering a dismissal of any outstanding legal proceeding without costs being payable by the students. However, the decision to put an end to these proceedings rests with the students involved."
