August 12, 2011 – Carleton Pro-Life Students’ Lawsuit Survives Challenge By Carleton University

August 12, 2011 – For Immediate Release:


OTTAWA, ON. 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 but the Court ruled 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
(613) 241-2701.

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