A pair of former students will be allowed to sue the University of Toronto, again, for issuing them failing grades, a judge ruled Thursday.

Houman Mortazavi and Mojgan Yousef, who were economics doctoral students in 2007, received failing grades in several classes over the year as they repeatedly returned to Iran to care for Mortazavi’s father, and then to make his funeral arrangements.

Though Mortazavi and Yousefi, who are married, filed three internal appeals, all were rejected. In May of last year, the couple took their case before the courts.

The couple’s statement of claim, an “unusually long” document a judge found was “replete with evidence being repeated over and over again,” sought damages of approximately $80 million.

Further court documents showed Mortazavi and Yousefi were neither trying to improve their grades nor even seeking re-admission to their program.

While a judge initially threw out their claim, citing a legal procedure that covers “frivolous or vexatious” lawsuits, Court of Appeal Justic John Laskin took a more forgiving tone, saying some of their allegations are not “bound to fail.”

Mortazavi and Yousefi have 30 days to “perfect their appeal,” the judge said.

With files from the National Post.