Friday, January 11, 2013

The University Files for Summary Judgement

Mr. Meronek was as good as his word. The promised motion arrived at the beginning of this week, and it was a motion for summary judgement, which means the Court was being asked to rule that I had no reasonable prospect of winning my case. You can view his entire motion by clicking here.

To summarize, Mr. Meronek refers to several sections from the University of Winnipeg Act which he interprets to mean that the University and its officers not only have exclusive power to exercise internal disciplinary jurisdiction without interference from the courts in all matters concerning students, but are in addition exempt from any kind of civil action related to matters of this kind. In particular, he relies on section 12(2)(d) and 34(2). You can read those sections in the Act by going to the link I've included at the start of this paragraph.

Mr. Meronek concludes his motion by asking for summary judgement on the basis that that since "the tort of Conspiracy to Injure does not apply to the Defendants in these circumstances (....) there is no genuine issue for trial (...and...) the Plaintiff's case is bound to fail."

We'll see how that works out.

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