The plaintiff, a minor student, sought an interlocutory injunction to restrain the defendant private school from enforcing his indefinite suspension or expulsion.
The student had a history of behavioural misconduct and was suspended after allegedly recording and sharing a private conversation between the principal and his guardian.
The court found a serious issue to be tried regarding whether the school breached an implied contractual term of procedural fairness by failing to provide a hearing before the expulsion.
However, the court dismissed the motion, finding the student would not suffer irreparable harm and that the balance of convenience favoured the school given the student's repeated misconduct and the school's limited resources.
