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Canadian Federation of Students/Canadian Federation of Students Ontario v The Students’ Federation of University of Ottawa - Michael Mancinelli Affidavit - March 2, 1995

Canadian Federation of Students/Canadian Federation of Students Ontario v The Students’ Federation of University of Ottawa - Michael Mancinelli Affidavit - March 2, 1995

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Published by climbrandon
Court File No. 88989/95
Ontario Court (General Division)

Between:

Canadian Federation of Students/Canadian Federation of Students Ontario (Plaintiff)

and

The Students' Federation of the University of Ottawa/La Fédération des étudiants de l'Université d'Ottawa, INC. (Defendant)

Michael Mancinelli Affidavit
Deputy Chairperson, Canadian Federation of Students
March 2, 1995
Court File No. 88989/95
Ontario Court (General Division)

Between:

Canadian Federation of Students/Canadian Federation of Students Ontario (Plaintiff)

and

The Students' Federation of the University of Ottawa/La Fédération des étudiants de l'Université d'Ottawa, INC. (Defendant)

Michael Mancinelli Affidavit
Deputy Chairperson, Canadian Federation of Students
March 2, 1995

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Published by: climbrandon on Sep 12, 2012
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05/13/2014

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original

 
Court
File
No.
88989/95
ONTARIO
COURT
(GENERAI-
DIVISION)
BETWEEN:
CANADIAN
TEDERATION OF
STUDEITITS
CANADIAN
FEDERAfiON
OF
STIJDET{TS
ONTARIO
Plaidtiffs
-and-
THE
STUDEiITS'
FDERATION
OF
THE I'NT!'F.RSTIYOF
OTTAItrA-
LA
FE)ERATION
DES
ETUDIANTSDE
L'UNTVERSTTE
D',OffAWA,
rNC.
Defenalant
DEFEI\DANT
AIT'IDAVIT
I, MICHAEL
MANCINELLI,
of
the
Cityof
Ottawa
in
the
Regional
Municipality
of
Ottawa-Carleton,
MAKE
OATHAND SAY
AS
FOLLOWS:
1.
I
am
theDeputy
Chairperson
of
the
Plaintiff,
The Caradian Federation
of
Students
("CFS")
and
as such
have
knowledge
of
the matlers
hereinaftq
deposed
to
excePt
where
stated
to be on
the basis
ofinfomation
and
belief.
2.
The
Plaintiff
CFS
is
a
corporation
incorporated under the
Canada
Incomorations
Actwith
its
head
office
in the
City
of
Ottawa
h
the
Regional
Munictnlity
of
Ottawa-Carleton,
in
the
Province
of Ontario.
The
Canadian
Fedention
of
Students
Ontario
("CFS
Ontario")is
a
corporation incorporated under
the
OntarioCorporations
Act
with its
head
office
io
the
Cityof
Toronto
in
the
Prcvince
of
Ontario.
3.
CFS
Ontario
is
the
provincial
component
of
the
Plaintiff
CFS
and
has
be€n
since
March
of
1993.
In
1993,
the Ontario
Federation
of
Students
("oFS")
became
the
Canadian
Federation
of
Students
Ontario.
 
2
4.
The
Defendant
is
a member
of
both
CFS and
CFS
Ontario.
On February
8 and
9,
1995 the
Plaintiffsbrought
a
motionbefore
Mr.
Justice
Chilcott of
the Ontario
Court
(Generdl
Division)
seekingto
enjoin
the
Defendalt fromholding
a
refercndum
at
the
Universityof Ottawa
scheduled
for February13,
14,
and
15,
1995
relating
to
theissue
as
to
whether the
Defendant
should maintain
its
membership
in
the Plaintiffs
until
such
time
as
representatives
of
thePlaintiffs
were authorized
to attend oncampus and
campaign
in
such
a
referendum.
The
by-laws
of
the
Plaintiffs allow
representatives
of
the
Plaintiffs!o
attend
on
campus
for
the
puposes
of
campaigning
in
such
a
referendum,
however, the
Regulations
passed
by
the
Defendant
on
January
15,
1995 sought
to
prchibit
such
participation.
A
copy
of
the Notice
of
Motion
and
Affidavit filed,
without
exhibits
attached,
is found
as
Exhibit
"A"
io this
Affidavit.
5.
In
a
decision renderedon February
9,
1995
Mr.
Justice
chilcott
orderedthat
theDefendant be enjoined
from
holding a
rcferendum
at
the
University
of
Ottawa
scheduled
for
February
13,
14
and
15,
1995
rclatingto
the issue
as
to
whether
the
Defendant should
maintainits membe$hip
in
the CFS
and
the CFS
Ontario.
In
so
doing,
Mr.
Justice
Chilcott
ordered
that
the
referendum
be
rescheduled
and
held on
March
20,
1995.
The
campaigning
for
such
a
referendum
will
begin on
March
13,
1995at12;01
a.m..
The
order
of
Ml.
Justice
Chilcott
also
rcquircs
the
Plaintiffs topay
the costs
of
thereferendum
and imposes
no
restriction
as
to
thepeople
that
cal
campaign
or
theamount
of
funds
which
can
be
spent
on
the campaign
with
respe{t
to
the
issue as
to
whether
theStudents Federation
of
the
University
of
Ottawa
should
maintain
its
membe$hip
in
the
Plaintiffs.
A
copy
of
the
order
of
Mr.
Justice
Chilcottis
attached as
Exhibit
"B"
to this
Affidavit.
6. I
arn advised
by
Monique
Couture,
an
associate
with
Gowling,
Strathy
&
Henderson
who
attended
at
theheadng
of
the
motion
with
rcspect
to
this injunction,
and do
verily
believethat
at
the
hearing
of
the matter
Mr.
Justice
Chilcott
addresrd
himself
to
thelength
and
day
on
which
the
referendum
would
be
held. In
so
doing,
counsel
for
the
Defendantwas
given
an opportunity
to
make
submissions
and
made
rc
submissions
with
lespect
to
the
perc€ntage
of
participation
as
it
rclated
to
thenumber
of
days
on
which
thereferendumwas
to
be
held. Mr.
Justice
Chilcott
clearlyindicaled
that
the
referendum was !o
be
held
on
Monday,
 
3
March
20, 1995. A
copy
of
thetranscript
of
the
exchange
of
counsel
and
Mr'
Justice
Chilcott's
reasons
is
attached as
Exhibit
'C'
!o
this
Affidavit,
?.
On or
about
August
8,
1994
as
partofpioviding
notice to
the
Plaintiffs
as
to
the
pending
refelendum
the
Defendant
filed with
the
PlaintiffBy-I-aw
No.
4
relating
to
elections
and
referendums
of
the
Defendant.
Under
Article 4.12.4.1
it
is
stated
that,
"In
order
for
the
result
of
a
leferendumto be
valid,
12%
of
all
members
of
theFederation must
have exercised
theirright
to
vote.
"
A
copy
of
these
Regulations
arefound
as
Exhibit
"D"
io
this
AffidaYit.
8.
In
the
interim,
on
January15,
1995 the
Board
of
Administration
of
the
Defendart
pass€d
new Regulations
with
respe{t tothe conduct
of
the
refgrgndum.
These newRegulations
do not
address
theissue
of
requisite
perc€ntage
of
participation
to
ensure
the
validity
of
the
referendum.
9.
The
constitution
and
by-laws
of
the
CFS
at
Article
2(a)(iv)(d)
states,
"Quorum
for
a
withdnwal
rcferendum
shall be that
of
themember
local
association
or
frvepercent
(5%)
of
the
individual
members
of
themember
local
associatiotr,
whichever
is
higher"''
A
copy
of
thisprovision
of
the membership
bylaws
is
athched
as
Exhibit
"E'
io
this
Affidavit.
10.
This
Affidavit
is
swom
for
thepurposes
of
opposing
a
motion
by
the
Defendantto
va.ry
the
order
of
Mr.
Justice
chilcott
dated
February
9,
1995.
SWORN BEFORE
ME AT
the
City
of
Ottawa
in
the
Regional
Municipality
of
Ottawa-Carleionthis2nd
day
of
March,
1995
.\
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commissioner
etc.
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Goddar4
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bsbn
..
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