Gray v. Alma Mater Society of the University of British Columbia

Gray v. Alma Mater Society of the University of British Columbia

Plaintiffs failed to prove that UBC's or AMS's policy statements or resolutions created enforceable contractual rights protecting academic freedom or freedom of expression applicable as contractual terms; AMS bylaws and internal governance mechanisms govern membership relations and disputes rather than private contract law; no fiduciary duty was established; the individual defendants were personally liable for assault, conversion and trespass and AMS was not vicariously liable.

Citation
2003 BCSC 864
Parties
Plaintiff Individual: Stephanie Gray; Plaintiff Individual: Athena Macapagal; Plaintiff Individual: Michelle Laroya; Plaintiff Organization: Students For Life; Plaintiff Organization: AMS Lifeline Club; Defendant Organization: Alma Mater Society of the University of British Columbia; Defendant Individual: Nathan Allen; Defendant Individual: Erin Kaiser; Defendant Individual: Jon Chandler; Defendant Individual: Lesley Washington; Defendant Unknown: persons unknown
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 June 2003
Procedural Posture
Civil Contract and Tort (student Association Dispute) / Trial Judgment (reasons for Judgment Issued)
Outcome
Plaintiffs' claims against AMS for breach of contract, tortious interference, and breach of fiduciary duties dismissed; AMS not vicariously liable for November 23, 1999 attack; plaintiffs awarded damages against personal defendants for assault, conversion and trespass to chattels.
Legal Topics
Intentional Interference With Contractual Relations, Breach of Contract, Vicarious Liability, Fiduciary Duty, Academic Freedom and Freedom of Expression on Campus, Student Association Bylaws and Internal Remedies, Assault, Conversion, Trespass to Chattels, Remedies: Damages and Injunction
Source Language
English
Contract Law Tort Law Fiduciary Duty / Equity Administrative Law (society Governance) Constitutional Principles (freedom of Expression Contextual) Intentional Interference With Contractual Relations Breach of Contract Vicarious Liability +5 more

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Parties

Stephanie Gray

Plaintiff Individual

Athena Macapagal

Plaintiff Individual

Michelle Laroya

Plaintiff Individual

Students For Life

Plaintiff Organization

AMS Lifeline Club

Plaintiff Organization

Alma Mater Society of the University of British Columbia

Defendant Organization

Nathan Allen

Defendant Individual

Erin Kaiser

Defendant Individual

Jon Chandler

Defendant Individual

Lesley Washington

Defendant Individual

persons unknown

Defendant Unknown

Procedural Posture

Civil Contract and Tort (student Association Dispute) / Trial Judgment (reasons for Judgment Issued)

Legal Issues

  1. 1 Whether a contract between UBC and the students includes an enforceable term of academic freedom and whether AMS committed tortious interference with that contract
  2. 2 Whether a contract between AMS and its members includes enforceable terms guaranteeing freedom of expression and whether AMS breached such contract
  3. 3 Whether AMS is vicariously liable for the November 23, 1999 attack by individual defendants

Ratio Decidendi

Plaintiffs failed to prove that UBC's or AMS's policy statements or resolutions created enforceable contractual rights protecting academic freedom or freedom of expression applicable as contractual terms; AMS bylaws and internal governance mechanisms govern membership relations and disputes rather than private contract law; no fiduciary duty was established; the individual defendants were personally liable for assault, conversion and trespass and AMS was not vicariously liable.

Court Disposition

Plaintiffs' claims against AMS for breach of contract, tortious interference, and breach of fiduciary duties dismissed; AMS not vicariously liable for November 23, 1999 attack; plaintiffs awarded damages against personal defendants for assault, conversion and trespass to chattels.

Orders

  • Plaintiffs' claims against the Alma Mater Society dismissed
  • Alma Mater Society not vicariously liable for actions of Kaiser, Chandler and Washington