Order cheap diflucan online, Every Thursday, Confabulous’ resident lawyer Tannis A. Waugh discusses the most interesting legal issues emerging in popular culture and addresses your burning law-related queries. Want to contest a parking ticket, diflucan online stores. Can’t help you. Billig kaufen diflucan, Got a legal question for our in-house LLB. Drop her a line at tannis [at] confabulous [dot] ca, order cheap diflucan online. Note: Nothing in this column constitutes legal advice in any jurisdiction and is for information and discussion purposes only. If you have a legal problem, Nebraska NE Nebr. , consult a lawyer in your jurisdiction immediately.
As an alumni of Carleton, Köpa diflucan, I thought this was very apropos that I would get a chance to review and comment on the negligence suit that's been brought against the university.
On August 31, 2007, Mississippi MS Miss. , a Carleton University student working late in one of the labs was violently sexually assaulted. Order diflucan c.o.d., It's important that you hear the facts of the assault because they're particularly egregious. Order cheap diflucan online, The victim had her head slammed down to the ground while the perpetrator repeatedly smashed her face against the floor after which he sexually assaulted her. The perpetrator then wiped her body down, stole some of her clothes and her cell phone and left victim on the floor tied up and semi-naked, cheap diflucan online cheap.
Just shy of the two year limitation period to bring a suit against Carleton, Diflucan no prescription, the victim has brought a suit against the university for just over $500,000.
In the Statement of Defence served by the university, Alabama AL Ala. , they engage in victim-blaming, Wyoming WY Wyo. , according to the Carleton University Student's Association (CUSA) and other student organizations, by indicating that Carleton is not responsible because the victim failed to keep a "proper lookout," didn't lock the door of the lab and stayed in the lab alone, Wisconsin WI Wis. .
This is a civil suit and the university is being represented by lawyers hired by its insurer and as such, Billige diflucan apotek, all the stops are being taken to shield itself from liability which is generally what happens when an insurance company is involved in negligence matters such as this one.
It might be helpful for me to give a crash course in how a civil case comes to pass in Ontario, order cheap diflucan online.
Firstly, the plaintiff will file a statement of claim which is meant to be a precise statement of the facts that the plaintiff intends to prove at trial, cheap diflucan without prescription. It doesn't get into the evidence that will be relied upon by the plaintiff but rather, αγοράζουν φτηνά diflucan, it is a concise statement of the facts that the plaintiff intends to prove by calling evidence.
The university, or more particularly, Nevada NV Nev. , its insurers, Maine ME Me. , have 20 days to respond (or 30 by filing a Notice of Intent to Defend) or longer if the parties' lawyers agree to a further extension, to prepare and serve a statement of defence.
When drafting a statement of defence, αγοράζουν online diflucan, the purpose is to set out all possible defences to the claims set out in the statement of claim. Order cheap diflucan online, If this is not done, the defendant may not be able to add defences at a later point (this is generally done with leave of the court or consent from the other party only) and generally, will not be granted if it would prejudice the other party. Buy diflucan c.o.d., As a result, the statement of defence is usually set up as a kitchen sink denial of any and all possible liability.
For this reason, αγοράσετε diflucan έκπτωση, it would be pretty difficult to draft a statement of defence that complied with a lawyer's duty to its defendant client by professional standards to not engage in victim blaming. Diflucan without prescription, That is, after all, the very nature of the statement of defence, Kjøp Discount diflucan.
While the statement of defence obviously leaves me with a bad taste in my mouth, Kaufen diflucan, I do understand that is the job of Carleton's lawyer and frankly, there's really no way to get around that...or is there.
After this assault, Carleton's response was to institute significantly more security measures, order cheap diflucan online. To me, buy generic diflucan, that indicates that Carleton recognized its lax security for its students who may be alone or working late. Cheap diflucan online without prescription, It is a university, after all. Is that not what we were expected to do when we were in university, diflucan prescription. One only needs to think about being in an isolated area of the library or other part of their own university late at night to send a few chills down your spine about your own vulnerability. Order cheap diflucan online, The university may have been able to settle this case without the need for a public civil case to take place. Obviously, I'm not involved in this particular case but it's general practice for a plaintiff's lawyer to send a letter to the defendant prior to issuing a statement of claim in the interests of attempting to settle the matter without having to go through litigation. While it's possible that this didn't happen, it seems to me that this would have been the perfect opportunity to do the right thing. If the matter had settled, Carleton wouldn't be receiving the bad publicity is now or the public outcry regarding its treatment of the victim.
Likely, this matter will be resolved before trial, as most civil cases are, and hopefully, the victim will obtain a settlement that will allow her to get on with her life as best as she can but in the meantime, the victim has to live through the stress of a claim that may take many years to resolve.
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in fact, the case has since been settled: http://www.ottawacitizen.com/news/Carleton+University+assault+victim+settle+lawsuit/1894138/story.html
Even if the case was settled, it is interesting it went public that way. I’ve always thought that statement of defense were a gathering of anything and everything, but as a person, I think it went too far although as a law student, I get why it is okay.
for me, “okay” is relative. i *understand* why Carleton’s counsel made the claims they did, but i think that could/should lead us to a critique not of Carleton’s position but of the way “you asked for it” continues to be encouraged by our court system as a response to claims of sexual assault, and the way a system that is inherently adversarial encourages/normalizes/perpetuates that claim….
Thanks for posting about this case, Tannis. It will be interesting to see if Carleton also grants its students permission for a student-run, university-funded sexual assault centre, for which students voted in favour of in a school referendum.
In the United States, a number of schools were sued after they neglected to provide appropriate support to survivors of sexual assault on their campuses. As I understand it, this gave rise to amendments to Title IX, and among other things, federally-funded incentive programs to encourage schools to provide sexual assault prevention programming and appropriate support, as well as legislation compelling each school to have a Sexual Assault Policy in place. In Canada, no such legislation exists. For more information on Title IX:
Title IX and School Liability for Sexual Assault
Title IX and Sexual Assault
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