The Court of Appeal upheld the Ontario Divisional Court’s ruling to dismiss the appeal of Trinity Western University (TWU) against the decision of the Law Society of Upper Canada (LSUC) not to accept the approval, the Canadian Federation of Law Societies’ approval of TWU’s proposed law school. LSUC was not restricted to standards of competence in determining whether to accredit a law school; rather a broader spectrum of considerations of the public interest was engaged.

The finding of the Supreme Court of Canada (SCC) in the 2001 TWU v BC College of Teachers 1 SCR 772, 2001 SCC 31—that the College of Teachers’ refusal to certify TWU’s teachers training programme was wrong—was not determinative and binding on the judicial review. The 2001 decision involved different facts, a different statutory regime, and a fundamentally...

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