Tuesday, July 28, 2015

My Case Is Thrown Out Of Court

I told you yesterday how I concluded my case against the University for kicking me out of my high school practicum placement. When I filed the case back in 2012, I claimed against the University and the high school principal Arlene Skull for "conspiracy to injure". Because to get me kicked out, the University had to enlist Skull to invoke her special authority to remove me from the practicum on an expedited basis (the "page 28" procedure), bypassing the rights to due process I should have had under the "page 27" procedures of the Practicum Handbook.

The difficulty with that claim was that I needed to prove malice. That shouldn't have been a problem: but the courts hit me with a triple whammy when they:

1. Allowed the University and the High School to bring separate motions of Summary Judgment, and ruled that I had to defend those motions without the benefit of discovery.

2. Refused to look at the evidence of malice which I was able to bring forward even without discovery, including the fact that Principal Skull accused me of "grabbing" a student when the eyewitness testimony said only that I "tapped" him on the shoulder.

3. As a result of ignoring the aforesaid evidence, the Courts threw out my claim against the high school principal because I couldn't "prove" malice.

The actions of the Courts are all the more outrageous because on Summary Judgment, you don't have to "prove" anything...you just have to show that there is evidence which supports your claim. On top of which, all the previous case law emphasizes that summary judgment is unsuitable when the case hinges on the motives of the defendants...namely, the presence or absence of malice. According to all existing legal jurisprudence, I was entitled to a trial on this; instead, as I expressed it in a previous blogpost, the courts chose to f&$# me up the a&#*@.

So here I was trying to argue conspiracy against the U of W, and I had lost my co-conspirators. This was a real problem; but I had now gotten around it by amending my claim so it was in Breach of Contract instead of conspiracy. The beauty of this claim was that I didn't have to prove malice; I only had to show I had contractual rights (namely, the Page 27 procedures) that were violated. This was a problem for the University; and apparently it was also going to be a problem for Justice Edmond. But he was not to be deterred.

Last week Justice Edmond came out with his decision. Overturning the ruling of Master Berthaudin back in 2013, he granted Summary Judgment to the University on the grounds that...the Court did not have the jurisdiction to hear my claim!

Did Justice Edmond f&$# me up the a&#*@ too? When we come back, I'll explain the basis of his ruling, and then you can decide for yourself.

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