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ARTICLE · 25 NOVEMBER 2013

Former Professor Cannot Sue University That Refused To Promote Him

On November 20, 2013, the Ontario Superior Court struck a $50-million lawsuit by a former professor against the University of Ottawa and four individual defendants.

CanadaEmployment and HR

On November 20, 2013, the Ontario Superior Court struck a $50-million lawsuit by a former professor against the University of Ottawa and four individual defendants.1 The court held that the lawsuit was an abuse of process. It also held that the former professor's statement of claim did not set out facts required in support of his legal claims.


Facts

Dr. Ibrahim Said was a paediatric anaesthetist and assistant professor at the University of Ottawa. He applied for a promotion to associate professor in 2009. Dr. Said needed to obtain the promotion to retain his licence to practice medicine in Ontario.2

Dr. Said's application for promotion was considered by the Faculty of Medicine's Clinical Teaching Personnel Committee (the CTPC) and the Dean of the faculty. Both recommended against the promotion because Dr. Said was, at the time, on probation for sexually harassing a medical resident in 2008. Dr. Said's application for promotion then went before the Joint

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