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Judge rebukes aspiring doctor, lawyer dad for suing over med school denial

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WINNIPEG - A judge has tossed a lawsuit filed by a woman who didn't get into medical school.

Henya Olfman was denied admission into the University of Manitoba's faculty of medicine in 2010 and lost a subsequent appeal with the school.

Her father, a lawyer, then took the battle to court, claiming his daughter was entitled to be in the medical program since she had completed her pre-med courses.

In a recent decision, Winnipeg Court of Queen's Bench Justice Chris Martin describes the 154-page lawsuit as frivolous and an "absolute abuse of process."

He says it's unfortunate the young woman didn't get into medical school and it must have been disappointing to her parents.

"Regrettably, setbacks and denied aspirations are a part of life," writes Martin.

"Yet, to confront this through a lawsuit with the attendant substantial expenditure of time, effort and money to the specific defendants, as well as to the plaintiff herself, and to the administration of justice generally, is remarkable."

Martin suggests the woman's father, Shawn Olfman, lost his objectivity in crafting the suit on behalf of his daughter. The judge calls the claim more of a meandering essay that piles up as many arguments as possible.

The lawsuit claims the university's medical school has a flawed selection process and breached an informal contract it had with Henya Olfman by offering her pre-med classes. The suit further alleges that denying her admission violates the United Nations International Covenant on Civil and Political Rights and, in turn, the Canadian Charter of Rights and Freedoms.

The suit went as far as to call itself extraordinary. "More than any other case in Canada's history, this case will determine Canada's next few hundred years."

It's the second time the family has tried to sue. A previous claim was struck down in 2012, but it was rewritten and filed again.

The judge says claims like Olfman's clog the justice system and create delays for "proper" claims.

He awarded $6,000 in legal costs to the university and the provincial government.

Shawn Olfman was reached at his office but declined to comment on the ruling.

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