Citation: Green v University of Winnipeg , 2018 MBCA 11 Date: 20180212 Docket: AI17-30-08916 IN THE COURT OF APPEAL OF MANITOBA Coram: Chief Justice Richard J. Chartier Mr. Justice William J. Burnett Mr. Justice Christopher J. Mainella BETWEEN : MARTIN GREEN ) M. Green ) on his own behalf ( Applicant) Appellant ) ) B. J. Meronek, Q.C. and - and - ) M. D. J.

Schulz ) for the Respondent THE UNIVERSITY OF WINNIPEG ) ) Appeal heard and (Respondent) Respondent ) Decision pronounced: ) February 12, 2018 On appeal from Martin v The University of Winnipeg , 2017 MBQB 67 BURNETT JA (for the Court): [ 1 ] The applicant appeals the dismissal of his application for judicial review of a decision made by the University of Winnipeg (the University) Senate Student Appeals Committee (the Committee) which dismissed his grade appeal. [ 2 ] In his reasons, the application judge said that the sole issue for determination was whether the University breached its obligation of procedural fairness or the rules of natural justice in its handling of the applicant’s grade appeal. [ 3 ] In Green v University of Winnipeg , 2015 MBCA 109 , this Court observed that (at para 31): [T]here is considerable jurisprudence from this Court and other courts establishing that, where the essential character of the dispute is one of an academic nature, the courts have no jurisdiction to interfere and the matter is left exclusively to the university and its process, provided that the university’s process is fair, comprehensive and effective and that in its implementation, the university does not breach the principles of natural justice. [citations omitted] [ 4 ] There is no merit to this appeal. [ 5 ] The application judge concluded that the Committee’s decision was fair and reasonable and did not amount to a breach of procedural fairness in the circumstances. [ 6 ] We are all of the view that the application judge chose the correct standard by which to conduct his review and correctly applied it to his analysis. [ 7 ] We would therefore dismiss the applicant’s appeal with costs to the respondent.

JA CJM