Question
Scenario: Tina Thomas (Thomas) called your office yesterday to discuss a potential claim. Ms. Thomas hopes to commence an action in Small Claims Court against
Scenario: Tina Thomas ("Thomas") called your office yesterday to discuss a potential claim. Ms. Thomas hopes to commence an action in Small Claims Court against her college, A Plus College.
A Plus College is in Ontario, and it is a public college. Ms. Thomas wants to sue her college for failing to provide her with a good educational experience. Ms. Thomas started the Real Estate Agent Licensing program in September 2020. After the first semester of the program, Ms. Thomas was unhappy with the program; however, she continued her studies at the college. The educational experience in the second semester of the program did not improve. Ms. Thomas sent you a screenshot of the college's website showing the college guarantees that it prepares its students for the real estate licensing exams because the college provides a "superior educational experience."
Ms. Thomas is currently in the e final semester of the program, and she is looking for a remedy against the college for the poor educational experience and the lack of preparation for the licensing exam. During the conversation yesterday, Ms. Thomas mentioned that she suffered a concussion in March 2021 because a ceiling mounted projector fell and hit her head when she was in a real estate class. As a result of the concussion, Ms. Thomas was hospitalized for two days, and she was unable to work as a Lyft driver for several weeks. You did some research after your discussion with Ms. Thomas and found that your pleading, the Plaintiff's Claim, must be properly pleaded in order to sustain an action against an educational institution. Liang citing Jaffer v York University 2010 ONCA 654 (CanLII) states "[t]he real issue is [sic] this case is not whether the dispute is academic in nature, but rather whether the pleadings support a cause of action in either contract or tort." at para 31.
From your research, you know the facts from the academic issues do not lend themselves to commencing an action in contract or tort because disputes over grades, professor's teaching performance, class cancellations, and the granting of diplomas and degrees have all been deemed to be academic decisions by the courts. Ms. Thomas is quite insistent that she would like to pursue the college for the academic deficiencies she experienced. Ms. Thomas is open to pursing an internal administrative action as well. Your task is to write an opinion letter to Ms. Thomas advising her about her options.
Question: a letter with five distinct parts: the introduction, the facts, application of facts to law, conclusion, and closing to discuss the possibility of a court action and an internal college process. In your letter, you should request from Ms. Thomas any additional information you require to commence any of these processes.
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