OTTAWA, Ontario, August 12, 2011 (LifeSiteNews.com) – Carleton University’s effort to quash a lawsuit against them by pro-life club Carleton Lifeline has failed.
Ruth Lobo, a named plaintiff in the lawsuit stated, “Carleton University claimed that our lawsuit was frivolous, vexatious and an abuse of the Court process, but the Court ruled that we have grounds for a lawsuit and we’ll continue to fight for our right to free expression.”
Ruth Lobo and Nicholas McLeod, members of Carleton Lifeline, launched the lawsuit against the university in February after the school had four of its students arrested in October over a pro-life display.
The club argued that the University has unjustly discriminated against them on the basis of their pro-life beliefs by imposing restrictions on their displays that have not been applied to other campus groups.
“We believe that the behaviour of the University is actionable. We have suffered discrimination and intimidation, we have been arrested and threatened and we are seeking restitution,” Lobo, President of Carleton Lifeline, said in February. “The University’s discriminatory actions are shocking, to say the least. We want to ensure, through law, that this behaviour is not repeated at Carleton University ever again.”
The club asked that they be allowed to “openly promote their beliefs on campus” pursuant to university policies respecting freedom of expression, academic freedom, and discrimination. They also asked for $200,000 plus costs for punitive damages, wrongful arrest, damage to reputation, and breach of contract.
In April, Carleton University responded with a motion to have the suit struck on the grounds that it discloses no reasonable cause of action, is scandalous, frivolous, vexatious and an abuse of the court process.
Carleton Lifeline filed written arguments and made oral arguments at the hearing of the motion which was heard July 12, 2011 and July 13, 2011. Had the Court accepted Carleton University’s argument, the lawsuit would have ended at this stage.
Madam Justice Giovanna Toscano Roccamo’s decision was released August 5, 2011.
In her decision, the justice struck Carleton Lifeline’s claims for breach of fiduciary duty, negligence, breach of contract, breach of the Canadian Charter of Rights and Freedoms as well as the claims against the individual defendants, namely, Carleton University, University President Dr. Roseann O’Reilly Runte, Director of Housing and Conference Services David Sterritt, Director of Student Affairs Ryan Flannagan, and Director of Safety Allan Burns.
However, Justice Toscano Roccamo upheld Carleton Lifeline’s claim of wrongful arrest, and has allowed Carleton Lifeline to amend the other claims so that they may proceed.
Lobo said Carleton Lifeline is now in the process of amending their Statement of Claim, which must be filed by September 4, 2011, so that it complies with the decision of Justice Toscano Roccamo.
Albertos Polizogopoulos, Carleton Lifeline’s legal counsel stated, “While this was a split decision, the fact that the lawsuit survived and that Ms. Lobo and Mr. McLeod have the opportunity to amend their Statement of Claim can be counted as a victory.”
The text of Madam Justice Toscano Roccamo’s decision can be viewed on Carleton Lifeline’s website here.