The Carleton University Students’ Association (CUSA) council cannot conduct any business until the dispute over the status of the seats of 16 councillors has been resolved, the Ontario Superior Court ruled Aug. 18.
According to Ontario Superior Court Justice Robert Beaudoin’s ruling, CUSA council is suspended until both parties in the dispute have come to an agreement.
The order was made at the request of CUSA’s legal counsel, Jonathan Davis-Sydor of Davis LLP, said CUSA vice-president (internal) Ariel Norman in an email.
CUSA instructed Davis-Sydor to make the request to suspend council in an attempt to “cause the least damage and irreparable harm to our members,” Norman said.
“We were very happy to see that the judge agreed with us when we said that this matter should have been resolved internally, and that council should not be conducting any more business until a resolution has been reached,” Norman said.
Beaudoin also ruled that his previous injunction — that no seats on council are to be considered vacant — remains in effect until further order of the court.
Public affairs and policy management councillor Chris Thompson, one of the 16 councillors whose seat was allegedly vacated, said he thinks it was “irresponsible” of the defendants to request council be suspended because he and the other plaintiffs are validly elected and duly sitting members of council as upheld by the judge.
“With this dispute, council could still operate, but obviously we completely respect the judge’s ruling,” Thompson said.
Beaudoin also ruled that Davis-Sydor is in a conflict of interest position and is not allowed to advocate further on the issue.
The plaintiffs are entitled to the costs for the motion because the conflict “should have been readily apparent,” Beaudoin stated in his endorsement.
The suspension of council will not affect frosh week because the event funds itself, said CUSA president Obed Okyere.
Service centres will still be available to students, but renovations and new features will be delayed because a budget has not yet been passed, Okyere said.
Norman said the day-to-day operations of CUSA businesses will not be affected and the trustees will use budgets from previous years to guide any spending until the dispute has been resolved.
Okyere said he hopes both sides can reach an agreement without further cost to the association.
CUSA has agreed to mediation in an attempt to avoid returning to court, but the details are still being discussed, Norman said.
Public affairs councillor Michael De Luca said he and the other plaintiffs have sought another offer of mediation from Carleton’s administration to be extended to the defendants.
“We’re fully willing to go to mediation because we want this resolved as soon as possible so we can get back to council and serve students,” De Luca said.
Thompson said the best way to resolve the dispute would be through discussion between the two parties.
“If that’s impossible and there’s no give and take from the other side, then there could be further legal action,” said Thompson.
