Former U of C grad student faces $88,000 legal barrier to sue university

A former international graduate student must post up to $88,000 in phased security payments if he wants to proceed with his lawsuit against the University of Calgary — a barrier that effectively freezes his legal challenge before it reaches court on its merits.

Enes Etlik, a Turkish and Belgian dual citizen, sued the university last fall for $499,999 after failing the final exam in the foreign trained lawyers program. He requested a supplemental exam but alleges the university did not provide it before August 30 — a program deadline that affects graduation and post-study work permit eligibility. The supplemental exam eventually happened after the deadline, and Etlik passed. But by then, he says, he had missed the window to apply for articling positions and had his work permit extension delayed.

On July 14, Justice Stephanie Latimer ordered Etlik to post phased security: $7,000 by November 30, then $12,000 after any striking or dismissal ruling, then $69,000 before trial. The court can impose security when a plaintiff lives outside Canada and there is reason to believe the action is frivolous or lacks sufficient merit to proceed.

Etlik, now in Belgium and unable to return to Canada due to his immigration status, says the order creates an access-to-justice barrier before his claims are even heard. "If I don't make this payment, the case will not be heard," he said. "The court, they didn't even see the merits of the case." He is exploring third-party legal funding to continue.

The University of Calgary's statement of defence, filed September 2025, denies the allegations and characterizes the claim as frivolous and vexatious.