The appellant private school appealed a Small Claims Court decision awarding tuition refunds to three international students who transferred to another school shortly after beginning their second year of study.
The trial judge found that the students had entered into new contracts for their second year and were unaware of the school's no-refund policy.
The Divisional Court dismissed the appeal, finding no legal error in the trial judge's conclusion that the refund policy was not part of the contract and that the students were entitled to refunds.
Despite dismissing the appeal, the court awarded $5,000 in costs to the appellant due to the significant time spent trying to serve the respondents, to be set off against the trial judgment.