The plaintiff, a university student, brought an action for breach of contract and negligence against the university, seeking a declaration of breach of implied terms of academic transparency and an order compelling disclosure of historical grade-distribution data.
The defendant university moved to strike the statement of claim under Rule 21.01(1)(b).
The court granted the motion, finding that the claim was an impermissible collateral attack on an academic decision and an abuse of process.
The statement of claim was struck without leave to amend, as the dispute fell within the university's broad academic discretion and should have been pursued via judicial review.
