OTTAWA, ON Aug 8th, 2011- In the case of Lobo et al. v. Carleton University et al, Carleton University brought a motion before the Court asking it to end the lawsuit. 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. The Court ruled, however, that we have grounds for a lawsuit and we’ll continue to fight for our right to free expression.”
This motion was in response to a lawsuit Carleton Lifeline filed against Carleton University after the University had members of the student club arrested for expressing controversial views. The lawsuit named Carleton University as well as members of the Administration as defendants.
Carleton University’s motion attacked Carleton Lifeline’s Statement of Claim, the document setting out the reasons for the lawsuit and the relief sought. Carleton University asked the Court to strike the Statement of Claim on the grounds that it disclosed no reasonable cause of action and was 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, Justice Toscano Roccamo struck Carleton Lifeline’s claim for breach of fiduciary duty and upheld their claim for wrongful arrest. Justice Toscano Roccamo struck the claims for negligence, breach of contract, breach of the Canadian Charter of Rights and Freedoms as well as the claims against the individual defendants but has allowed Carleton Lifeline to amend these claims so that they may proceed.
Carleton University sought to strike the entire Statement of Claim, thereby putting an end to the lawsuit, but Carleton Lifeline was successful in preserving the action. Carleton Lifeline is now in the process of amending their Statement of Claim so that it complies with the decision of Justice Toscano Roccamo. The Amended Statement of Claim must be filed by September 4, 2011.
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.”
A copy of Madam Justice Toscano Roccamo’s decision can be viewed online at:
For more information please contact Lifeline’s legal counsel, Albertos Polizogopoulos at