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was more properly addressed at trial. The
Supreme Court of Canada denied leave to appeal on September 14, 2006. Whether or not Dr. 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
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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
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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
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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.
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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
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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.
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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
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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
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office of the president of a university might be a public office within the meaning of this particular tort?
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his suit against
Marsden was therefore sufficiently serious that it should be permitted in court of law.
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Lorna
Marsden, York University and the Board of Governors of York University v. Daniel Freeman-Maloy
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University
President Can Be Sued For "Misfeasance In Public Office"
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was a
Canadian court case that revolves around a plaintiff,
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Freeman-Maloy v. Marsden et al., (2006) 208 O.A.C. 307 (CA)
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student Daniel
Freeman-Maloy, who held two protests at
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