International Student Files $500,000 Lawsuit Against University of Calgary

An international graduate student has initiated legal proceedings against the University of Calgary, claiming $500,000 in damages due to what he describes as an academic procedural failure. Enes Etlik, who recently completed his studies in the Faculty of Law, asserts that the university’s actions jeopardized his immigration status and professional prospects in Canada, causing him significant emotional distress.

Etlik’s lawsuit, filed with the Court of King’s Bench in Calgary on September 15, 2023, seeks compensation for tuition fees, lost opportunities related to immigration and professional licensing, reputational damage, and the delay in his graduation. He expressed his concerns in an email, stating, “The university’s actions have jeopardized my ability to graduate and obtain a Post-Graduation Work Permit, effectively ending my ability to work or complete licensing as a lawyer in Canada.”

Allegations of Breach and Negligence

The lawsuit alleges that the University of Calgary breached its contract by failing to adhere to its own academic calendar. According to Etlik, the calendar stipulates that all spring and summer courses must be completed by an August 30 deadline. His statement of claim further contends that the university violated principles of procedural fairness and privacy, engaged in negligent administration, and exhibited intimidation.

Etlik, originally from Turkey and holding Belgian citizenship, was enrolled in the university’s Foreign Trained Lawyers Program. This 12-month certification course is aimed at internationally trained lawyers seeking to gain accreditation to practice law in Canada. He emphasized the importance of this program, stating, “This one-year program helps international lawyers to become accredited lawyers in Canada.”

The program requires students to complete six courses, a goal that Etlik nearly achieved. He successfully passed five courses but failed the sixth, which focuses on administrative law. The final grade for this course is determined solely by the final exam, which Etlik did not pass. He requested a supplemental exam, but claims that the university did not provide it within the timeline outlined in the academic calendar.

Impact on Immigration Status and Career

Etlik’s lawsuit highlights how the university’s alleged failure to follow its own procedures led him to miss critical deadlines for applying for articling positions and a Post-Graduation Work Permit. He argues that the university later acknowledged that supplemental and reappraisal exams were conducted outside the academic calendar without prior disclosure to students.

“Despite this published deadline, the defendant failed to provide the plaintiff with a fixed date or clear procedure for the supplemental exam,” his statement of claim reads. This situation has left Etlik in a precarious position, as he navigates the complexities of immigration and professional licensing in Canada.

As the lawsuit progresses, the University of Calgary has not publicly commented on the specifics of the case. The outcome may have significant implications for both Etlik and the university’s policies regarding international students and procedural adherence. The case underscores the challenges faced by international students as they seek to establish their careers in a foreign country.