Case-Study of Jaffer-Free-Samples for Students-Myassignmenthelp

Questions: 1.What are the Material facts of this Case? 2.What reasons did the Superior Court of Justice give for dismissing the Claim? 3.What reasons did the Court of Appeal give for allowing the Appeal in part? Do you agree with the decision and reasoning? Explain. 4.What is the nature of the relationship between a University and its student? Does a duty of care exist between a university and its students? And If so, on what basis? 5.Discuss the precedent value of the decision. Answers: 1.Jaffer (the plaintiff), enrolled with the York University (Glendon Campus) for the academic term which was due to commence in September 2006. After successful acceptance of application, for a significant length of time, there were talks between Jaffer and the University (the defendant) with regards to accommodation but no conclusion was reached. In the summer of 2007, the plaintiff had to resubmit a paper and was given assurances by one of the professors that he would not receive a failed grade but he academic status would be deferred on account of the non-resolution of the accommodation dispute. Acting on this assurance, he resubmitted the paper and tried to enroll himself for the second year but was denied the same on account of failure. Thus, Jaffer has accused the defendant of breaching the contract, acting negligently (by violating the duty to care) along with negligent misrepresentation (Canlii, 2010). 2.The claim was dismissed by the Superior Court of Justice as the judge opined that the honorable court lacked jurisdiction to consider the matter on account of the academic nature. Further, it was advised that the appropriate forum to raise such a dispute would be OHRC (Ontario Human Rights Commission) considering that there was possible violation of human rights of the plaintiff. The court opined this even though the issue may involve contract law or tort law, but considering the academic nature, it did not lie within the jurisdiction of any court and thereby dismissed the plea made by the plaintiff (Canlii, 2010). 3.The Court of Appeal cited Gauthier c. Saint-Germain 2010 ONCA 309 and cited that a contractual or a tort issue cannot be discarded merely on the premise that it is academic in nature. However, for the courts to get involved, it is essential that the plaintiff must be able to establish a reasonable cause of action which is tenable in law. The court highlighted that the failure on the part of the University to provide accommodation to Jaffer did not lead to tort but included the same under the fold of negligent representation. Also, with regards to the professors conduct, the court opined that the pleadings did not establish a case for negligent misrepresentation and thus a clear cause of action was required for which the statement of claim was asked to be modified by the plaintiff. I agree with the decision of the court to allow the appeal in part considering the misrepresentation by the University at the beginning which led Jaffer to believe that moving to the University would be h assle free (Canlii, 2010) 4.In accordance with Young v. Bella, 2006 SCC 3, it is apparent that the relationship between the university and the student is contractual in nature. Yes, a duty of care does exist between the university and student. This exists as the students can be classified as neighbors for the university and any negligent action or inaction may adversely impact the student in myriad ways. As a result, it is expected that university avoids negligent conducts which potentially leads to various loss especially academic in nature (Canlii, 2010). 5.The given decision has tremendous precedent value as it tends to clarify on the jurisdiction of courts with regards to academic disputes. Further, it also offers clarity with regards to the other past decisions and puts them in perspective which would act as guidance for future academic disputes that land up in the court (Canlii, 2010). Reference Canlii (2010), Jaffer v. York University, 2010 ONCA 654 (CanLII), Retrieved on August 5, 2017 from https://www.canlii.org/en/on/onca/doc/2010/2010onca654/2010onca654.html