In the alternative, I agree with and adopt the trial judge’s
analysis of the application of the transitional provisions. The time
this case took was justified based on the parties’ reasonable reliance on the law as it previously existed. This was a case with
challenging legal issues, no evidence of prejudice, a limited impact
on the appellant’s liberty interests and significant societal interest in seeing the accused, who was charged with a very serious
offence, being brought to justice. Therefore, I would also dismiss
the appeal of the trial judge’s s. 11(b) ruling on the basis of the
transitional provisions under Jordan.
(4) Sentence appeal
 Given my finding that a new trial is required, it is unnec-
essary to consider the sentence appeal.
 In the result, I would order a new trial on the ground that
the trial judge erred in admitting the hearsay statements in issue.
I would dismiss the appeal of the trial judge’s s. 11(b) ruling.
Lam v. The University of Western Ontario Board
[Indexed as: Lam v. University of Western Ontario (Board of Governors)]
2019 ONCA 82
Court of Appeal for Ontario, Strathy C.J.O., Lauwers and Zarnett JJ.A.
February 6, 2019
Actions — Jurisdiction — Plaintiff alleging that his Ph.D. supervisory
committee pressured him to transfer out of Ph.D. program because
members were unwilling to familiarize themselves with his area of
research after his former supervisor died and that committee misled
him about availability of funding — Plaintiff bringing action for damages
for breach of contract and breach of fiduciary duty — Motion judge
erring in granting summary judgment dismissing action solely on basis
that plaintiff should have used university’s internal complaints process
— Court having jurisdiction to entertain claim by student against
university for tort or breach of contract even where claim arises out of
The plaintiff sued the defendant university for damages for breach of contract
and breach of fiduciary duty, alleging that his Ph.D. supervisory committee pressured him to transfer out of the Ph.D. program because members were unwilling
to familiarize themselves with his highly specialized area of research after his