Law student upset over chicken death, sues Dal
Student takes Dalhousie to court to protest failure of exam
(0)A Halifax-area man who was upset over the death of his chickens, is suing Dalhousie University because it would not allow him to postpone an exam the next day.
Trevor Smedley, a third-year law student, has taken the university to court to review the decision to fail him after he missed a compulsory moot court – a fake trial on appeals court and arbitration.
On Jan. 23, 2008, Smedley’s pet chickens died. Court documents say he did not show up for the moot court the next day. He asked Dalhousie to reschedule it, but the university denied his request.
Smedley is the same man who was given a court order to remove his chickens from his property in Stillwater Lake, about 20 km west of Halifax, in a well-publicized case last year.
Smedley originally appealed the decision within the university. In his notice for judiciary review, he states the decision made by the studies committee of the Faculty of Law to deny him another exam was unfair, unreasonable and impartial. He asserts the senate did not give him enough time to appeal and acted “incorrectly and unreasonable.”
Charles Crosby, media relations manager for Dalhousie, says it’s rare to have an appeal brought all the way to the courts. While there are many requests for internal review, only one other case has made it to the Supreme courts.
Six years ago a disciplinary matter was brought to the courts. The court upheld the decision made by the university.
Smedley is set to appear before court on Jan. 26.
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