The defendant college moved under Rule 21 to strike a student's damages action arising from her withdrawal from a practical nursing program after complaints about social media posts.
The defendant argued the pleading alleged only breaches of procedural fairness and natural justice, which were matters for judicial review rather than a civil action.
Applying the stringent pleadings test, the court accepted the pleaded facts as true, read the claim generously despite poor drafting, and held the allegations disclosed an arguable cause of action in contract and/or tort.
The motion was dismissed, but no costs were awarded because the motion resulted from deficient pleading.
