[ql06] CONTRACT: Orchard v. MacKay and PC Party
- From: "Ken Campbell" <2kc16@xxxxxxxxxxxxxxxx>
- To: <ql06@xxxxxxxxxxxxx>
- Date: Fri, 21 Nov 2003 09:15:45 -0500
Wow!
Now HERE is an interesting contract law case. We don't get to talk about
contracts much in this list...
But what theories would he be using under remedy? An equitable
injunction, obviously. But then what? Is there consideration? I suppose
there is, Orchard was enticed to swing to MacKay in the convention,
based on a promise. Each got consideration, now MacKay's promise is
busted.
I don't have the time right now to apply our contract studies to this --
I will try sometime later. But it sure is interesting.
At the end of the day, Orchard is probably using the court system to get
major publicity for the issue.
Ken.
--
You got to be a spirit, Bulworth.
You can't be no ghost.
-- playwright Amiri Baraka in
Bulworth, 1998
----------------------------------------------------------------------
Orchard to sue over merger
By BRIAN LAGHI
Globe and Mail
Friday, Nov. 21, 2003
A group of Progressive Conservatives led by Tory maverick David Orchard
will launch legal action Friday aimed at preventing their party from
joining ranks with the Canadian Alliance.
Mr. Orchard, who ran for the party leadership last spring, will appear
with a group of merger opponents in Toronto, including Marie Gatley, a
great-grandniece of Sir John A. Macdonald, to announce the suit.
A spokeswoman for Mr. Orchard, Rose-Marie Larsson, said the lawsuit will
name Progressive Conservative Party Leader Peter MacKay personally.
Reached at his lawyer's office last night, Mr. Orchard would disclose no
details of the litigation.
However, another opponent of the merger, former Tory cabinet minister
Sinclair Stevens, said the suit would likely focus on the deal that Mr.
Orchard and Mr. MacKay signed last June: Mr. Orchard pledged his support
to Mr. MacKay for party leader in return for a promise that Mr. MacKay
would not merge the Tories with the Alliance.
Mr. Stevens said Thursday that Mr. Orchard may intend to show that Mr.
MacKay has violated a signed contract.
?If you agree with me not to do something, and I hear that you're going
to do it, clearly I can go to a court and say I've got this contract.
You shouldn't be doing this and I want an injunction to stop it,? Mr.
Stevens said.
?Any time I've discussed it with David, his main focus is on the
contract that he felt he had with Peter.?
Mr. Stevens has launched an action of his own with a group of other
Tories aimed at foiling the vote on the merger. His group believes that
the vote must be secret and that the current configuration of the
meeting where the voting is to take place is unconstitutional. Party
members are to gather early next month in several cities across the
country to decide.
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