Friday, October 18, 2013

The University Responds to the Mother of All Lawsuits

I told you recently how I had just served on my adversaries what I called the Mother of All Lawsuits. You can read the Statement of Claim here. Well, the University has now responded. Instead of filing a Statement of Defence, they have gone for the gusto and filed a Motion to Strike. You can read their Motion here.

Well, I'm not a lawyer, but I think they've made a bit of a mistake. I don't think they are going to succeed with their Motion to Strike, because they've made a mistake.

Or maybe I'm making a mistake. If I'm right, it's something a second-year Law Student should be able to spot. If I'm wrong...well, I guess I'll find out sooner or later. I know it's an awful lot of reading, but does anyone want to take up the challenge? I think I'll leave that hanging for now. There's plenty of other action taking place of the Civil front, and we'll talk some more about it when we return.


  1. In re:

    The Plaintiff has not provided a factual foundation for differential treatment on the
    basis of an actual or perceived mental disability; a request by the Plaintiff for
    accommodation on the basis of a mental disability; and/or a failure on the part of
    the Defendants to adequately respond to a request for accommodation on the
    basis of a mental disability.
    I don't think Marty was making this claim.
    I think Marty has shown that he has been "damaged" by not being permitted to complete his coursework and get the teaching degree he was working toward.

  2. don't you now have to respond to all the points?

    1. Not yet. We appear before the Master tomorrow morning, whereupon I will be asked if I intend to oppose the motion. I will answer in the affirmative. Then the Master will ask both parties to prepare written submissions. Normally this invovles first Affidavits (evidence), and then Briefs (legal arguments). Now, I've never argued a Motion to Strike before, but in these cases I don't believe that any kind of evidence is admissible. The presumption is that the factual claims made by the Plaintiff are taken to be provable, and the argument to strike must then be based on the fact that even if everything the Plaintiff says is true, it still doesn't add up to an actionable case.

      So I don't think there will be any Affidavits. I think the Master will ask the Defendants how long they need to prepare their Brief, and they'll ask for six weeks, and the Master will say that's too much, I'll give you three weeks. And after I get to see their Brief, I'll have to submit my brief...they'll give me another two or three weeks for that.

      At least that's what I think is going to happen tomorrow. We'll find out soon enough.

  3. Well,, we went to court this morning and it was kind of like I said, except it turns out opposing counsel was pretty hot to get this thing moving. I thought they would be dragging it out, but Lindsay said they only needed a week to submit their brief. I asked for two more weeks after that, so mine is due on November 12. We might even argue the motion before the end of November.

  4. very nice post
    two thumb up for you ^___^