Is a university's internal discretion to fashion its education program within the scope of internal discretion?
Ontario, Canada
The following excerpt is from Stuart v. University of Western Ontario, 2017 ONSC 6980 (CanLII):
Counsel for the Defendant submits rather forcefully that the Plaintiff’s claim is, in effect, an attempt to revisit an academic decision, and that those types of decisions are within a university’s scope of internal discretion to fashion its education program: Jaffer v. York University, 2010 ONCA 654 (CanLII), at para 28.
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