York not in breach of contract for cancelling classes during 2008 strike
A student who launched a class action suit against York University for cancelling classes during the 2008-09 strike, has had his case tossed out of court. Jonathan Turner, who launched the lawsuit in Jan 2009, alleged that the university breached its contract with students when classes were cancelled for three months after contract faculty and teaching assistants went on strike in Nov 2008. It wasn’t until January 29, and after the Ontario government passed back to work legislation, that the dispute ended. Although the school year was lengthened, Turner argued that the courses were watered down.
According to the Toronto Star, Ontario Superior Court Justice Maurice Cullity, ruled that the plaintiff was asking the court to mediate an academic dispute, which would be best left for the university to settle internally. “The plaintiff is seeking to have the court make qualitative assessments of the effect on educational standards of York’s response to the strike and of the remedial measures introduced. These are matters that fall within the discretion of the university,” the judge said.