Case information
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35536
Harminder Walia v. University of Manitoba, et al.
(Manitoba) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-12-17 | Close file on Leave | |
| 2013-12-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-12-06 | Judgment on leave sent to the parties | |
| 2013-12-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AI 12-30-07829, 2013 MBCA 61, dated June 25, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-11-12 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2013-11-07 | Correspondence received from, Marie-France Major, re : copy of reasons for Judgment 2013 ONCA 633. (sent to the Court 213/11/21) | University of Manitoba |
| 2013-10-28 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-10-28 | Harminder Walia |
| 2013-10-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-10-17 | University of Manitoba |
| 2013-09-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-09-23 | Application for leave to appeal, (Book Form), Proof of service to come. Received 2013-09-24., Completed on: 2013-09-23 | Harminder Walia |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Walia, Harminder | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| University of Manitoba | Respondent | Active |
| J.R. Davie, B. Triggs-Raine, R. Bird and P.C. Choy | Respondent | Active |
Counsel
Party: Walia, Harminder
Counsel
3 St. Anne's Road
Winnipeg, Manitoba
R2M 2X9
Telephone: (204) 318-2681
FAX: (204) 231-2628
Email: rboudreau@boudreaulaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: University of Manitoba
Counsel
2670-360 Main St.
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 943-6740 Ext: 226
FAX: (204) 943-3934
Email: rsokalski@hillco.mb.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: J.R. Davie, B. Triggs-Raine, R. Bird and P.C. Choy
Counsel
2670-360 Main St.
Winnipeg, Manitoba
R3C 3Z3
Telephone: (204) 943-6740 Ext: 226
FAX: (204) 943-3934
Email: rsokalski@hillco.mb.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Education law — Universities — Courts — Jurisdiction — Does the inherent jurisdiction of the courts include the jurisdiction to address contract or tort claims relating to academic matters — Should a party’s right to examine for discovery have priority over a motion for summary judgment?
While he was working toward a Master’s degree at the University of Manitoba, Mr. Walia applied to be transitioned to a Ph.D. program. A Student Affairs Committee denied his request. He appealed to the Board of Graduate Studies Appeal Panel and was awarded a new transition hearing before a new Student Affairs Committee which was not to include any member of the original Committee. Mr. Walia elected not to pursue the new transition hearing. Instead, he appealed to Senate Committee on Appeals. It declined to hear the appeal. In the meantime, Mr. Walia’s status as a Master’s of Science student had been terminated for failure to meet the extended deadline for submission of his Master’s Thesis.
In 2002, Mr. Walia commenced an action seeking general and special damages for negligence and breach of contract, as well as for administrative remedies. The University and the individual respondents moved for summary judgment. In December 2005, Master Ring denied Mr. Walia’s motion to compel the respondents to attend examination for discovery under Rule 34.04(1) of the Queen’s Bench Rules, concluding that the motion for summary judgment should take priority over any right to discovery: 2005 MBQB 278. That decision was not appealed.
The motion for summary judgment was set down for hearing in 2007. A week before it was to be heard, Mr. Walia moved before Master Sharp for an order compelling the respondents to submit to examinations under Rule 39.02 and 39.03 of the Queen’s Bench Rules before the hearing of the motion for summary judgment. Master Sharp dismissed Mr. Walia’s motion; she heard and granted the motion for summary judgment. Keyser J. dismissed Mr. Walia’s appeal, and the Court of Appeal dismissed his subsequent appeal.
Lower court rulings
Court of Queen’s Bench of Manitoba
CI 02-01-27399, 2012 MBQB 104
Appeal dismissed.
Court of Appeal of Manitoba
AI 12-30-07829, 2013 MBCA 61
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available