Former TRU student's case against university finally concludes - InfoNews

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Former TRU student's case against university finally concludes

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September 11, 2018 - 8:00 PM

KAMLOOPS - A nearly decade-long legal battle between Thompson Rivers University and a former student has finally come to a conclusion.

Eight years ago, Adrian Miller filed a notice of civil claim against TRU for negligence and breach of contract, in essence alleging that TRU and administrators or teachers had subjected him to harassment, discrimination and retaliation which "destroyed a promising academic career, future successes and a previously happy life," according to Miller.

Miller alleged in his claim that the defendants in the case failed to make reasonable accommodations for an illness he was dealing with by granting time extensions to complete course assignments, and write exams. He said as a result of that he received no credit for the courses he enrolled in, and incurred student loan expenses.

This case has dragged through the court system for years now, but in a written decision by Supreme Court Justice Elaine Adair, a conclusion has finally been reached and the lawsuit was ended.

TRU applied to have the case against them dismissed, and Adair granted that, pointing out that this wasn't a case where any meaningful delay could be attributed to the defendants. Miller a deadline which required him to provide a notice of civil claim in accordance with Supreme Court Rules by April 21, 2011. The claim he did file didn't comply with the rules, which led to more hearings and applications being filed in court.

"Mr. Miller has offered no reasons for the delay," Adair says in her decision. "If he intended to do so, he was obliged to comply with (an) order and provide sworn affidavit evidence setting out his reasons. He did not. In my view, and having due regard for the fact that Mr. Miller is a self-represented litigant, this is a continuation of the pattern that Mr. Miller has displayed since 2010 of failing to comply with the Rules and court orders except where it was convenient for him to do so, and then seeking accommodation or forgiveness for the failure."

Adair points out that the delay has caused "serious prejudice" to the defendants in the case for the claims made against them. Basic pre-trial steps had yet to be completed before this application, and Adair points out that because of the lengthy delay, the chances of the court being able to find out what really happened are reduced.

"In my opinion, given the history of this litigation, justice requires dismissal at this time for want of prosecution, and I so order."


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