Lee Chitty

The applicant student was unsuccessful in obtaining an interlocutory injunction to stay disciplinary decisions made by the respondent college.

The respondent college sought partial indemnity costs of $7,210.

The court found the college was entirely successful and entitled to costs, but reduced the quantum to $5,000 due to the applicant's hardship as an international student navigating the public health crisis without family support.

The applicant student sought an interlocutory injunction to prevent the respondent college from evicting him from the student residence after his contract expired, following disciplinary sanctions for failing to wear a mask.

The court dismissed the motion, finding that the college's decision to enter into or renew a residence agreement was a private, contractual matter not subject to judicial review, as it did not involve the exercise of a power central to the college's administrative mandate.

Furthermore, the applicant failed to establish irreparable harm, as relocation costs would be compensable in damages and his academic program was being delivered remotely.