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[53] At trial, the defendant attempted unsuccessfully to prove a very close relationship
between the plaintiff and Dr. Elmasry. The plaintiff certainly had connections with him. He had
prior involvement with the CIC in 2007 and earlier, and therefore had contact with him. The
plaintiff had received a modest scholarship from the CIC, in return for which he was obliged to
perform 150 hours of community service for the CIC. His CIC activities had included becoming
Youth Chapter President, writing papers and testifying before government committees. But, as
of 2008, the plaintiff was not even a member of the CIC. The plaintiff was unaware of Dr.
Elmasry’s statements on the above television show at the relevant time. At trial, he not only
distanced himself from Dr. Elmasry generally, but rejected his controversial views.
[54] The trial evidence does not establish that the plaintiff had the close relationship with Dr.
Elmasry alleged by the defendant, or that the plaintiff shared the controversial views highlighted
by the defendant.
[55] Although the students had requested the involvement of the CIC, it did not play a major
role in the students’ plans. They developed their own strategies before and after the Maclean’s
meeting. They decided to pursue a remedy in the Ontario human rights regime. They retained
counsel for their Ontario complaint. They did involve the CIC, however, and received support
on things like their media communications.
[56] As the human rights proceedings unfolded outside Ontario, Dr. Elmasry presumably
became more involved in that he was a personal complainant. The students’ role diminished.
The trial evidence did not establish significant interaction between them. When it came to the
British Columbia proceedings, the students were involved but no longer had a decision-making
role. Nor did the trial evidence establish that the students were communicating with Dr. Elmasry
about the strategy for the conduct of the hearing.
[57] It became apparent in his trial testimony that the defendant assumed that all that
transpired with respect to Maclean’s was Dr. Elmasry’s doing. It was also apparent that the
defendant held considerable ill-will toward Dr. Elmasry and as a result the CIC. Much of what
the defendant wanted to talk about at trial related more to Dr. Elmasry than to the plaintiff. I
conclude that the defendant visited his ill-will on the plaintiff, in the absence of Dr. Elmasry, at
the BCHRT hearing.
BCHRT hearing
[58] The BCHRT hearing took place from June 2 to June 6, 2008. The plaintiff testified. One
of the complainants testified – Dr. Habib. The other complainant – Dr. Elmasry – did not testify.
The other evidence called on behalf of the complainants consisted of the testimony of three
2014 ONSC 6890 (CanLII)
controversial figure. In 2004, he had made statements on a television show to the effect that all
adult Israelis were valid targets. As a result, he was condemned by many for endorsing terrorism
against Israeli civilians. The defendant frequently wrote about Dr. Elmasry, repeatedly calling
him a Jew-hating bigot, among other things.
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