The appellant sought to certify a class proceeding on behalf of York University students whose classes were disrupted by a 2008 strike, alleging breach of contract, breach of the Consumer Protection Act, and unjust enrichment.
The motions judge dismissed the certification motion, finding the pleadings failed to disclose a reasonable cause of action because the claims improperly interfered with the university's academic discretion.
The Divisional Court dismissed the appeal, upholding the motions judge's conclusion that the claims were barred by academic discretion and that the pleadings were insufficient to establish a contractual or statutory cause of action.