Case #810 - Motion

Case 810
DATE: June 29, 2017
PARTIES: University of Toronto v. B.S. ("the Student")

Hearing Date(s): May 30, 2017

Panel Members:
Ms. Lisa Brownstone, Barrister and Solicitor, Chair

Ms. Lily Harmer, Assistant Discipline Counsel, Paliare Roland Barristers
Ms. Lauren Pearce, Counsel, Paliare Roland Barristers
Professor Eleanor Irwin, Dean's Designate, University of Toronto Scarborough

In Attendance:
Mr. Sean Lourim, IT Support, Office of the Governing Council
Ms. Tracey Gameiro, Associate Director, Office of Appeals Discipline and Faculty Grievances ("ADFG")

Not in Attendance:
The Student

Appeal Division - s. E.7(a) of the Code - motion to dismiss Student's appeal as frivolous, vexatious , or without foundation - Student did not comply with Directions, respond to communications, or meet any time-lines - Student did not respond to motion or offer any reasonable explanation - this constituted vexatious proceedings - motion allowed, appeal dismissed

The Student appealed a finding of guilt of several offences. The University brought a motion under s. E.7(a) of the Code to dismiss the appeal for being frivolous, vexatious, or without foundation. The motion was allowed. While the Student had the stated intention to pursue the appeal, their actions belied that intention. The Student failed to comply with Tribunal directions, to respond to communications, and to meet set timelines. The Student took almost no steps to move the matter forward in a timely way, showed blatant disregard for the process and the efforts of the Provost's counsel and ADFG, and commenced two separate proceedings against a reporting service and a witness. The Tribunal concluded that the Student had conducted the proceedings in a vexatious manner and so dismissed the appeal.