Toronto Judge Rules:“Neuro Leaks emails are admissible”


(OTTAWA, October 6, 2011) – Dr. Waleed AlGhaithy (Neurosurgery Residency Program, University of Ottawa) who was summarily and arbitrary dismissed from the Neurosurgery Program as reprisal for initiating human rights complaints, today was granted permission from the Superior Court of Justice (Ontario) to adduce fresh evidence in the pending judicial review of his dismissal. The review hearing is scheduled for November 28, 2011 at Osgoode Hall in Toronto.

The Honourable Justice Dambrot J. released his October 5th decision admitting the “Neuro Leaks” emails for the hearing panel, in addition to some “troubling” documents that were obtained by Dr. AlGhaithy via an access to information request that raise further serious concerns in the decision to dismiss AlGhaithy.

The ruling is a strong endorsement of AlGhaithy’s position. For example, entire paragraphs-[5], [6] and part of [7] of the decision read:

“[5] Shortly after the Senate Appeals Committee decision, an anonymous person calling himself or herself “Neuro Leaks” disclosed emails that had passed among Dr. Moulton, Dr. Bragg and Dr. Tsai which dealt with the applicant and their anger that he had made a complaint of discrimination against Dr. Tsai. The emails indicated that after the applicant made this complaint, Dr. Bragg, Dr. Moulton, Dr. Worthington, Dr. Poulin, the Chief of Surgery and Dr. Bradwejn, the Dean of the Faculty of Medicine, decided that the applicant “must be removed” and “fixed” although it was difficult to do this because he was one of the best residents in the Neurosurgery Program”

[6] In one leaked email sent on June 24, 2009, Dr. Bragg provided advice to Dr. Moulton on what evidence would be needed to dismiss or suspend the applicant and what portions of the evaluation policies could be used. Dr. Bragg was one of the persons who played a role in the chain of internal appeals that the applicant pursued after his dismissal.

[7] In the spring of 2011, after the decision of the Senate Appeals Committee, the applicant also obtained a number of documents through a Freedom of Information request to the University. These documents are troubling….”

University lawyer Sally Gomery and Co-counsel Jamie MacDonald had made an interesting argument in their written submissions that the “Neuro Leaks” emails, in any events, would not have affected the University decision.

AlGhaithy is represented by lawyer Douglas Christie and Co-counsel Barbara Kulaszka.