Freeman-Maloy v. Marsden
Encyclopedia
Freeman-Maloy v. Marsden revolves around a plaintiff, York University
student Daniel Freeman-Maloy, who held two protests at York University
regarding the Israeli-Palestinian conflict
, disrupting classes. In response Lorna Marsden
, President of York University, suspended Freeman-Maloy for three years without a tribunal hearing. Freeman-Maloy applied to the courts for judicial review of Marsden's decision.
The case's litigation revolved around sorting out under which heads of law, if any, Freeman-Maloy could validly pursue Marsden. The case subsequently settled out of court.
of misfeasance in public office
is based in the idea that those who hold public office and exercise public functions are subject to the law and must not abuse their powers to the detriment of the ordinary citizen. In this matter's hearing before two courts, a preliminary question was at issue: is it reasonable to think that the Office of the President of a University might be a public office within the meaning of this particular tort?
This question was based in Marsden's allegation that, because it is plain and obvious that her office as President could not be such a public office, Freeman-Maloy's action should be dismissed on its face. Freeman-Maloy argued that, on the contrary, such a thing was not plain and obvious, and that his suit against Marsden was therefore sufficiently serious that it should be permitted in court of law.
An April 14, 2005 decision at the Superior Court
found that Marsden was correct, as it was "plain and obvious" that her office as President of York University did not constitute a public office. On March 31, 2006, however, the Court of Appeal for Ontario overruled that decision, finding that because the matter of whether Marsden did indeed hold such an office was not "plain and obvious", the question of misfeasance in public office
was more properly addressed at trial. The Supreme Court of Canada denied leave to appeal on September 14, 2006. Whether or not Ms. Marsden held a public office within the meaning of this particular tort, and whether or not she was eligible to be sued for civil damages to Mr. Freeman-Maloy under that heading, was therefore to be determined at trial.
York University
York University is a public research university in Toronto, Ontario, Canada. It is Canada's third-largest university, Ontario's second-largest graduate school, and Canada's leading interdisciplinary university....
student Daniel Freeman-Maloy, who held two protests at York University
York University
York University is a public research university in Toronto, Ontario, Canada. It is Canada's third-largest university, Ontario's second-largest graduate school, and Canada's leading interdisciplinary university....
regarding the Israeli-Palestinian conflict
Israeli-Palestinian conflict
The Israeli–Palestinian conflict is the ongoing conflict between Israelis and Palestinians. The conflict is wide-ranging, and the term is also used in reference to the earlier phases of the same conflict, between Jewish and Zionist yishuv and the Arab population living in Palestine under Ottoman or...
, disrupting classes. In response Lorna Marsden
Lorna Marsden
Lorna Marsden, CM, O.Ont is a Canadian sociologist, academic, and former politician. She is the former President and Vice-Chancellor of both Wilfrid Laurier University and York University, and a former senator.-Career:...
, President of York University, suspended Freeman-Maloy for three years without a tribunal hearing. Freeman-Maloy applied to the courts for judicial review of Marsden's decision.
The case's litigation revolved around sorting out under which heads of law, if any, Freeman-Maloy could validly pursue Marsden. The case subsequently settled out of court.
Justiciability
A tort is an action taken by a party who claims to have been wronged, to recover the damages sustained from the party who did the alleged wrongdoing. The tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
of misfeasance in public office
Malfeasance in office
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election.An exact...
is based in the idea that those who hold public office and exercise public functions are subject to the law and must not abuse their powers to the detriment of the ordinary citizen. In this matter's hearing before two courts, a preliminary question was at issue: is it reasonable to think that the Office of the President of a University might be a public office within the meaning of this particular tort?
This question was based in Marsden's allegation that, because it is plain and obvious that her office as President could not be such a public office, Freeman-Maloy's action should be dismissed on its face. Freeman-Maloy argued that, on the contrary, such a thing was not plain and obvious, and that his suit against Marsden was therefore sufficiently serious that it should be permitted in court of law.
An April 14, 2005 decision at the Superior Court
Ontario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...
found that Marsden was correct, as it was "plain and obvious" that her office as President of York University did not constitute a public office. On March 31, 2006, however, the Court of Appeal for Ontario overruled that decision, finding that because the matter of whether Marsden did indeed hold such an office was not "plain and obvious", the question of misfeasance in public office
Malfeasance in office
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election.An exact...
was more properly addressed at trial. The Supreme Court of Canada denied leave to appeal on September 14, 2006. Whether or not Ms. Marsden held a public office within the meaning of this particular tort, and whether or not she was eligible to be sued for civil damages to Mr. Freeman-Maloy under that heading, was therefore to be determined at trial.
Settlement
On May 3, 2007, the parties reached an out-of-court settlement. Among the terms of the settlement were each party's legal undertaking to maintain the confidentiality of all terms of the settlement.http://www.yorku.ca/mediar/archive/Release.asp?Release=1231External links
- Lorna Marsden, York University and the Board of Governors of York University v. Daniel Freeman-Maloy (2006), CanLII 31716 (S.C.C.)
- Freeman-Maloy v. Marsden (2006) Ont. C.A.
- Freeman-Maloy v. Marsden (2005) Ont. S.C.
- Freeman-Maloy v. York University (2004) Ont. Div. Ct.
- Tales out of school
- University President Can Be Sued For "Misfeasance In Public Office"
- York student wins right to sue president