SFU football players’ injunction rejected by Supreme Court of B.C.
Global News
Justice Stephens said he has “significant doubt” about the strength and merits of the claims against SFU and found that the plaintiffs failed to satisfy the legal requirements.
The lawsuit and injunction application filed on behalf of five 2022 SFU football players has been denied by a B.C. Supreme Court Judge.
The five players, quarterback Gideone Kremler, defensive backs Kimo Hiu, Andrew Lirag and Ryan Barthelson and linebacker Dayton Ingenhaag, alleged that the university breached its contract with them in regard to scholarship obligations.
The players’ ultimate goal was to force SFU to reinstate its football program which was discontinued on April 4.
The players, and their lawyers, alleged that the school had breached the student athletes’ rights by not giving them timely notice of the program’s cancellation, leaving them with few options for next season.
Justice K. Michael Stephens said he has “significant doubt” about the strength and merits of the claims against SFU and found that the plaintiffs (the players) failed to satisfy the legal requirements and did not convince the court that an injunction is appropriate.
“What is sought here by the Plaintiffs is a mandatory injunction that would, in effect, order SFU to reinstate and run a currently cancelled varsity program,” the judge said in the report of his findings.
“The Plaintiffs have failed to satisfy the legal requirements under governing case authorities, including the test of strong prima facie legal merit, and they have not satisfied the Court that a mandatory injunction is available at law, just, and appropriate in the circumstances.”
It is not all bad news for the future of the football program however as the school announced on Wednesday it has selected a third-party special advisor the lead a review for the program.
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