TORONTO - The threat of a court battle over legislation aimed at sending striking York University teachers back to work was dropped Wednesday, a move that leaves Monday classes looking all but certain for 45,000 students kept out of class since early November.

Wading into a legal challenge would have just created more uncertainty for students at Canada's third-largest university, who have already paid a heavy a price, said union spokesman Tyler Shipley.

"They've already had to wait nearly three months to have their classes resume, and to put them in a situation where there would be more uncertainty ... it just didn't seem like the right move," Shipley said.

With only the 10-member New Democrat caucus opposing the bill in the Ontario legislature, it's almost certain to survive its third and final vote Thursday and send students back to class for Monday.

The union is reluctantly preparing to send its members back to work.

"What can I say?" Shipley said. "I'm certainly not going to authorize or endorse any kind of illegal strike action."

About 100 York University students had rallied outside the legislature Wednesday on a snowy day to push for a speedy passage of the bill.

Catherine Divaris, a fourth-year kinesiology student who helped organize the protest, said she was "ecstatic" about the thought of returning to classes on Monday.

"Another delay would have been detrimental to our school year," she said. "I don't think we could have done with another delay, and if anything, it would have just really, really hindered next year and even future careers for undergraduate students."

Divaris said the university has told students that if classes resume Monday, they'll be done with their exams by June 2.

The union had believed there were grounds for a legal challenge, though legal experts say it's unlikely the courts would have granted a request that would interfere in the operation of back-to-work legislation.

"Governments are in the business of making laws, and courts are in the business of interpreting," said Lorenzo Lisi of Sherrard Kuzz LLP, who has practised labour law for 20 years.

"Courts don't necessarily feel like it's their job to make law -- that's why we have government."

Kevin Coon, a labour lawyer at Baker & McKenzie, agreed the chances of such a court challenge succeeding would have been slim.

"The courts have been reluctant to interfere in back-to-work legislation like this and would very unlikely grant an injunction to prevent the workers from going back in a situation like that, regardless of any kind of court claim," he said.

"It's probably more for the purposes of public relations as opposed to reality, and the union will know that."

But Shipley maintained the union did have grounds to take the matter to court.

"We are being legislated back to work on the basis that there was a deadlock between the two sides, and we simply do not believe that was the case," he said.

"Despite the premier's urging, (York) is still not making any effort. That does not sound to me like deadlock."

Shipley said the university's commitment to resolving the dispute has been "weak at best," as they have only come to the bargaining table for 11 days of the strike that has dragged on for more than 80 days.

He accused the administration of not bargaining because it was counting on the government to force teachers back to work.

York University officials could not be immediately reached for comment Wednesday.

Earlier Wednesday, the union renewed its call for Premier Dalton McGuinty to force the university to resume negotiations, but the premier said it's clear the bargaining process has failed. McGuinty had recalled the legislature on the weekend to introduce the back-to-work legislation.

Some 50,000 students saw classes cancelled on Nov. 6 when 3,400 teaching assistants, contract faculty and graduate assistants walked off the job.

About 5,000 have been allowed to return this week to classes taught by tenured professors, who are not on strike.