The University of Toronto brought a motion for an interlocutory injunction to dismantle a protest encampment set up by students and others on Front Campus.
The protesters argued the encampment was a protected exercise of their rights to freedom of expression, association, and assembly.
The court granted the injunction, finding that the University established a strong prima facie case of trespass and ejectment.
The court held that the protesters' appropriation of University property to the exclusion of others constituted irreparable harm.
The balance of convenience favoured the University, as the injunction only prohibited camping and erecting structures, while allowing the protesters to continue demonstrating elsewhere on campus.
In an alternative analysis, the court found that the Charter does not apply to the University's management of its property, and even if it did, the trespass notice was a justified limit under section 1.
