|
This is an archived story posted by Ryan Chen-Wing. You can view the original
here. Not all of the details of the Feds $11 million lawsuit against the university were made public last week. Now that uws has obtained the 11-page statement of claim filed by the Feds, readers can see exactly what Feds has filed with the court.
In a lawsuit, the statement of claim explains the plaintiff's reasons for the lawsuit and what the plaintiff is asking for. Since the statement was filed in Toronto, it is only available from the Superior Court of Justice in Toronto.
The $11 million dollars is broken down into damages and punitive damages. It lists $10 million for 11 claims contributing to damages and $1 million for punitive damages, which refers to an amount in excess of damages that could be awarded as punishment.
Claims for Damages
- Breach of contract
- Breach of fiduciary duty
- Breach of trust, negligence
- Negligent misstatement
- Intentional and negligent misrepresentation,
- Rectification, trespass,
- Conversion,
- Unjust enrichment
- Intentional interference in economic relations
There are also five injunctions requested.
Requested injunctions
- Restraining UW from interfering in the bars
- To re-open the bars
- Preventing UW from trying to operate the bars without Feds
- To compel UW to consent to a liquor licence application
- Preventing UW from terminating existing agreements
There is also a list of declarations. They seem to demand that the university admit certain things.
Claims for Declarations
- That UW breached agreements
- That UW unreasonably withheld consent for a Feds liquor licence
- That UW release Feds from the agreement that the licence will be in the name of the university
- That Feds is entitled to make an application for a liquor licence
- That UW has been in breach of the Liquor Licence Act
The statement also has clauses entitled The agreements, The Liquor Licence Act, The incident, Federation attempts to remedy the situation and Causes for Action.
The agreements talks about the 1976 Bombshelter agreeement and the 1984 Fed Hall agreement and what they say about renewal, the liquor licence, and use of Fed Hall.
The Liquor Licence Act describes changes to the regulations and claims that the university was in breach of the act.
The incident describes the beating outside Fed hall on New Years' Day morning and says that no charges have been laid against the university or Feds. It goes on to refer to the shutdown.
Federation attempts to remedy the situation talks about the Feds request to become a co-licensee or receive its own licence.
Causes for action explains some of the claims for damages above, like breach of contract, breach of fiduciary duty, and negligence.
|
