The U of O is doing everything it can to strike the union's affidavit of evidence for the judicial review of the dismissal of Rancourt
Rancourt's union (Association of Professors of the University of Ottawa, APUO) is pursuing a judicial review (appeal) of an arbitrator's January 27, 2014 decision to uphold the university's December 10, 2008 dismissal of tenured full-professor Denis Rancourt. (link)
The arbitrator made negative findings in a total absence of evidence, and ignored relevant evidence that contradicted his findings. He also used a "report" obtained by covert surveillance, which was not in evidence. These were violations of natural justice, and are grounds in the judicial review.
In order to prove the arbitrator's errors, the union must bring an affidavit in the judicial review to say what actually happened during the arbitration hearings, because no court transcript of the 28-day hearing is available.
(The hearings were held between May 2, 2011 to June 26, 2013. The university appeared to do everything it could to delay and complexify the process, including a broad and sustained campaign of character assassination of Denis Rancourt.)
Thus, the union's affidavit about what actually occurred in the arbitration is necessary for the judicial review. Yet, the university is spending tremendous resources in now-repeated attempts to disallow the union's affidavit.
The university can of course challenge the union's affidavit and enter its own affidavit in the judicial review itself. But, instead, it seeks to bar the union from even bringing an affidavit.
The first attempt by the university to bar the union's affidavit was a motion to a judge of the appellate court (Divisional Court for Ontario) to strike out the union's entire affidavit. This attempt failed entirely. The appellate judge was unambiguous and ordered the university to pay the union's costs for the motion. (See appellate judge's ruling HERE, and U of O Watch article HERE.)
That is not good enough for the university. President Allan Rock instructed the university hired lawyers to appeal the appellate judge's judgement to a full panel of three appellate court judges. This will be a second costly attempt to strike out the union's needed affidavit so that the evidence cannot be used in the judicial review. Without the affidavit, or any evidence about what actually was said in the hearings, the judicial review is destined to fail.
The union is resisting this second attempt and will request that punitive costs be ordered against the university. The hearing before a panel of the Divisional Court is scheduled for April 2016.