The appellant private school appealed a trial judgment awarding $8,800 in damages to the respondents for the expulsion of their eight-year-old daughter without notice or a hearing.
The school argued the trial judge based the decision on a breach of an implied contractual term of natural justice, which was not pleaded.
The Divisional Court dismissed the appeal, finding that the allegations of procedural unfairness were central to the dispute from the beginning and were sufficiently pleaded in the context of a breach of fiduciary duty, meaning the school knew the case it had to meet.
