Tuesday, October 22, 2013

Saudi doctors lose appeal of dismissal of University of Ottawa lawsuit -- media article, judgement, and commentary

Dr. Khalid Aba-Alkhail (left), and Dr. Waleed AlGhaithy

The Ottawa Citizen has reported this short story: HERE.

The actual Court of Appeal for Ontario judgement is HERE.

Well there you have it. The claimants were simply never allowed to be heard in the Ontario courts regarding how they were treated by University of Ottawa administrators. Plain and simple denial of access to justice. Straight up. Is anybody paying attention?

The "Neuroleaks" emails constitute a textbook example of evidence for bad faith, of the type that should be written up in law school curricula, yet the "Neuroleaks" evidence was not known by the claimants until after all the internal University tribunals were done, yet the Ontario courts "found" (that's the legal term) that all the evidence was considered by the internal University tribunals... Both the Superior Court of Justice for Ontario and the Court of Appeal for Ontario "found" (by some process that defies reality) that all the evidence had already been considered by the internal University tribunals. No it had not. Just look at the documents filed with the courts, or the fact that a motion was won by the claimants in judicial review at the Divisional Court to introduce the new "Neuroleaks" evidence after the internal University tribunals were done, or all of this chronologically reported in the media, the same media that do not hiccup at this latest October 18, 2013 Court of Appeal judgement:

[13] Finally, the appellants argued that the trial judge erred in finding that they are relying on the same facts as in the discipline proceedings. They pointed to certain emails that they say were either not before the tribunals or not taken into account by them because there was nothing the tribunals could use them for. This position was disputed by the respondent.

To this observer, this means that the courts can and do make up the facts. In addition, the media and legal researchers clearly don't scrutinize the courts! What's the point of having a so-called open court principle in Canada if no one dares to scrutinize the darn courts? Incredible.

Well, HERE, again, is a copy of some of these "Neuroleaks" emails. Judge for yourselves. Read the six emails at that link. If your hair does not stand on end, then you are pathologically cynical. How the judges could have overlooked such administrative misbehaviour (that is putting it very politely) which ended the careers of a star neurosurgeon (weeks from being certified) and of two interns in cardiology, is, well, not what one expects in a free and democratic society.

The behaviour of the courts in Ontario, in this case, has the effect of condoning the egregious behaviours of administrators at the University of Ottawa, and it produces a striking denial of access to justice in which claimants, whose careers were ruined, are simply never heard on the full evidence and on the merits of their arguments.

The claimants never had their day in court. We must ask the question: Is that because they are Saudi?


First posted on U of O Watch: HERE.

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