Gauthier v. Saint-Germain: A Forthcoming Lesson from the Supreme Court of Canada on Educational Malpractice?


Canadian courts have traditionally been reluctant to wade into disputes between schools and their students, deferring academic matters to internal school procedures.

This approach was recently reconsidered in the Court of Appeal for Ontario decision Gauthier c. Saint-Germain, Boudreau et L’Université d’Ottawa, with the Court finding that courts, in certain circumstances, have jurisdiction to adjudicate matters of an academic nature.

The matter is now before the Supreme Court of Canada.

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