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Interlocutory injunction to restrain private school expulsion denied; student failed to show irreparable harm.
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.
The Court of Appeal upheld the dismissal of negligence claims against government defendants for a boat crash and confirmed the Marine Liability Act cap excludes costs and interest.
This appeal arose from a tragic boat accident involving multiple fatalities and injuries.
The Court of Appeal addressed three consolidated appeals: liability of government respondents, interpretation of the Marine Liability Act's monetary cap, and costs.
The court upheld the motion judge's finding that the boat operators were solely liable for the accident, dismissing the appeal against the government respondents.
It also affirmed that the Marine Liability Act's monetary cap for maritime claims for loss of life or personal injury does not include costs and interest.
While leave to appeal the quantum of costs and the Sanderson Order was denied, leave was granted on one specific costs issue, resulting in both estates being held jointly and severally liable for one plaintiff's costs.
