COURT FILE NO.: 354/04 and 487/04
DATE: 20040923
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
graVELY, CARNWATH and PITT JJ.
B E T W E E N:
MICHAEL BROOKFIELD
Applicant
- and -
CRAIG PEARSON, the FACULTY DISCIPLINARY TRIBUNAL and the UNIVERSITY OF GUELPH
Respondents
Charles R. Davidson, for the Applicant
John B. Laskin and
Frank Cesario, for the Respondents, Craig Pearson and the University of Guelph
Albert G. Formosa, for the Respondent, The Faculty Disciplinary Tribunal
HEARD: September 23, 2004
GRAVELY J.: (Orally)
[1] On the basis of the Harelkin case and the Howe case, this application is premature. Discipline proceedings were commenced in relation to Professor Brookfield but have not yet been completed. The Faculty Disciplinary Committee made some preliminary procedural rulings and then adjourned the hearing. There is a right of appeal to the University Appeal Committee.
[2] None of the actions of the Dean or the Faculty Disciplinary Tribunal come close to such conduct as corruption or bias that would prompt us to exercise our discretion to interfere at this stage.
[3] The application is dismissed.
[4] Costs to Pearson and the University are fixed at $10,000.00, all inclusive and the Faculty Disciplinary Tribunal, $5,000.00, all inclusive
GRAVELY J.
CARNWATH J.
PITT J.
Date of Reasons for Judgment: September 23, 2004
Date of Release: September 28, 2004
COURT FILE NO.: 354/04 and 487/04
DATE: 20040923
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
graVELY, CARNWATH and PITT JJ.
B E T W E E N:
MICHAEL BROOKFIELD
Applicant
- and -
CRAIG PEARSON, the FACULTY DISCIPLINARY TRIBUNAL and the UNIVERSITY OF GUELPH
Respondents
ORAL REASONS FOR JUDGMENT
GRAVELY J.
Date of Reasons for Judgment: September 23, 2004
Date of Release: September 28, 2004