CIVIL PROCEDURE - Injunctions - Circumstances when not granted - Interlocutory or interim injunctions

By John Chunn ( June 26, 2023, 9:13 AM EDT) -- Application by plaintiffs for an interim injunction to reverse the decision to cancel Simon Fraser University’s football program. The defendant Simon Fraser University (SFU) was a university under s. 3(c) of the University Act. Since 2010, the SFU varsity football team participated in the National Collegiate Athletic Association (NCAA) Division II, as did other varsity sports at SFU. In recent years, SFU football participated in the Lone Star Conference of NCAA Division II. On January 25, 2023, the Lone Star Conference wrote to SFU and informed SFU that it would not be renewing its affiliate membership in the conference, and that SFU would not be invited to return to the Lone Star Conference after the 2023-2024 season. SFU submitted that once the Lone Star Conference announced its decision to terminate its relationship with SFU, the at-will cooperation of third parties shifted. Players no longer wanted to come to the University, coaching staff left and were difficult to replace. On April 4, 2023, SFU advised players of its football season that it was terminating the football program immediately, and that it would not hold a 2023 season. A notice of civil claim was filed by the Kremler and four other student athletes alleging against SFU breach of contracts and negligent misrepresentation in connection with SFU’s termination of its varsity football program. The plaintiffs sought an order compelling SFU to take affirmative steps to do certain things to reinstate and then run a varsity football program. SFU contended that it made a realistic assessment following the Lone Star decision and concluded that a football program was not realistic....
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