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ONTARIO COI]RT (GENERAL DIVISION)

BETWEEN:
CANADIAN FEDERATION OF STIJDENTS CANADIAN FEDM.ATION OF STUDENTS ONTARIO Plaintiffs

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IIIE STT]DENTS' FEDERATION OF TEE UNIVERSITY OF OTTAWA - LA FEDERATION DFs ETODIAIYTS DE L'UNTVERSITE D'OTTAWA. INC.
NOTICE OF ACTION TO THE DEFENDANT

Defendant

PROCEEDING IIAS BEEI\ COMMENCm AGAINST YoU by the plaintiff. The claim made against you is set out in the statement of claim served with this notice of action,

A LEGAI

IF YOU WISII TO DEFEI'{D TEIS PROCEEDING, you or an Ontario lawyer actiag you must preparc a statement of defence in Form 18A prescribed by the Rutes of Civil for Procedule, serve it on the plaintiffs lawyer or, where the plaintiffdoes not have a lawyer, serve it on the plaintiff, and file it, with proof of service, in this court offr.c WTTHIN TWENTY DAYS after thisnotice of action is served on you, if you are served in Ontario.
served in another province or ierritory of Canada or in the United Stales of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the pedod is sixty'dayi. Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil procedure. This will entitle you to ten more days within which to serve and file your statement of defence.

If you are

IF YOU FAIL TO DEFEND TEIS PROCEEDING' JUDGMENT MAY BE GIVEN AGAINST YOU IN YOIJR ABSENCE AND WITEOUT I.URTEER NOTICE TO YOU' IF YOU WLSH TO DEFEND TEIS PROCEEDING BUT ARE I]NABLE TO PAY LEGAL FEES, LDGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A ITOCAL LEGAL AID OFT'ICE.

Date February 2, 1995

Issuei bv

. w-b.l* "

The Court House 161 Elgin Stret Ottawa, Ontario K2P 2KI

TO:

The Student's Federation of the University of Ottawa Ia F6d6ration des dtudiarts de I'Universit d'Ottawa, Inc. 170 Metcalfe Stet, Suite 600 Ottawa, Ontario K2P 1P3

CLAIM
1.

The plaintiff claims:


(a)

an injunction enjoining the Defendant, fiom holding a referendum at the University of Ottawa scheduled for February 13, 14 and 15, 1995 relating to the
issue as to whether the Defendant should maintain its membership in the Canadian Federation of Students;

o)
(c)

General damages in the sum $100,000; Special damages in an amount which is plesently unknown, howevet provided prior to the trial herein,

will

be

(d)

Pre-judgment and post-judgment intercst pursuant to sctions 128 and 129 of the Coun ofJustice Act. R.S.O. 1990, c. C-43 as amended; the costs of this action on a solicitor and client basis;
Such further and other relief as this Honourable Court deems just.

(e)

(0

2.

The Plaintiff, the Canadian Federation of Students is a corporation incorporated under the Canada Co4)orations Act, with its head offrce in the City of Ottawa in the Regional Municipality of Ottawa-Carleton.
The Plaintiffcanadian Federation of Students Ontario is a corporation incorporated under the Ontario Corporations Act, with its head offr.ce in the City of Toronto; Ontario,

3.

4.

The.Defendant is a corporation inco4Drated under the Ontado Corporations Act, which carries on activities at the University of Ottawa in the City of Ottawa, Ontario. The Defendant is refusing to permit the plaintiff to participate in an election/referendum at the UniveNity of Ottawa \Mith respect to the Defendant's continued membe$hip in the

Plaintiff.
6.

The electionheferendum is Defendant is a member.

in

brcach

of the By-laws of the plaintiff. to which the

6.TheactionoftheDefendantisandwillmntinuetocausethePlaintiffheparableham.
,

D,"te-

i"s^<- j
2,

February

1995

C'OWLING, STRATEY & HENDr'RSON Barrislels & Soliciiors 160 Elgin SEet suite 2600
Ottawa, Ontario

KlP

1C3

'

Todd J. Buke (613) 786-A226 . Solicitors for the Plaintiff Canadian Federation of Students Canadian Federation of Students Ontario

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