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Legal Cases

David Orchard vs. the Conservative Party of Canada
(regarding the party seizing $70,000 of David Orchard's campaign donations)

Conditions proposed by David Orchard
view the PDF file
(17 kb) (February 3, 2005)

Conditions for releasing the funds set by the Conservative party
view the PDF file
(124 kb) (January 7, 2005)

Reply and defence to counterclaim
view the PDF file
(13 kb) (Friday, April 30, 2004)

Defence and counterclaim
view the PDF file
(385 kb) (Saturday, April 24, 2004)

Applicant's claim
view the document
(17kb) (Friday, February 13, 2004)

Saskatoon StarPhoenix, Wednesday, February 1, 2006 (the same story variously titled "Tory government can't be trusted, David Orchard says," published by papers across Canada, incl. Toronto Star on-line January 31, 2006)
Orchard lashes out at Conservatives
Canadian Press

"Mr. MacKay blatantly broke a written agreement with me, and the party seized $70,000 of my funds, and so I'm saying they're in no position to be lecturing the rest of the political spectrum in Canada about ethics." ... While the judge imposed a release on both parties stating Orchard would not seek further litigation against the Conservatives regarding the disputed funds, it does not prevent Orchard from making other claims on other parties, such as MacKay. continued...

Vancouver Sun and National Post, Wednesday, February 1, 2006
Orchard to get $77,000 from Conservatives

... At a court hearing in Toronto on Tuesday, both sides agreed that Orchard – the Saskatchewan grain farmer, who ran against Peter MacKay for the leadership of the Progressive Conservative Party in 2003 – will receive about $77,000 from the party to recoup him for campaign donations he collected during the leadership race. ...Outside the courtroom, which was filled with his supporters, Orchard declined to say if he'll pursue a separate lawsuit against MacKay over a deal that saw the farmer agree to support his leadership rival in exchange for MacKay's word that he would not merge the Tories with the Canadian Alliance. continued...

Media release, December 5, 2005
Conservative Party preaches ethics, practices the opposite – continues to wrongfully withhold David Orchard’s campaign donations

While barnstorming the country, promising ethical and trustworthy government, the Conservative party today again refused to pay former PC leadership candidate David Orchard the money the party itself has admitted, in writing, it owes him.

The outstanding debt, totaling over $70,000, consists of $55,000 of citizens’ donations made to Orchard’s PC leadership campaign in 2003, plus a $15, 000 refundable deposit paid when he entered the race in January, 2003.

Following on the betrayal by Peter MacKay of his solemn, signed promise to Orchard NOT to merge the party with the Canadian Alliance, the new Conservative party adds insult to injury by continuing to withhold campaign donations made to Mr. Orchard in 2003. They remain in the coffers of the Conservative party, the party whose formation Orchard opposed, as did most of his donors.

On January 31-February 1, 2006, a court date set today in Toronto, the Conservative party will once again attempt to get a court order forcing Orchard, before it returns his funds to him, to sign a release worded to preclude Orchard from ever suing Peter MacKay for breaching his signed agreement not to merge the two parties -- a different issue entirely from the case of the seized funds.

"The new Conservatives, riding high on the rhetoric of 'honesty’ and ‘ethics,' are trying, by withholding my donations, to force me to give up constitutional and legal rights guaranteed to every Canadian," Orchard commented after today’s case conference in Toronto.

For more information, contact Marjaleena Repo at (306)244 9724

Tuesday, November 29, 2005
CKNX Radio, Wingham, ON, "Bryan Allen Talk Show"
David Orchard interviewed about the Conservative Party illegally seizing $70,000 of his 2003 leadership campaign donations, and what he thinks are the issues in the upcoming election. (approximately 13 minutes)

Monday, November 28, 2005
CKOM Radio with David Orchard on "Conservative Party owes Orchard more than $70,000"
An article that appeared in the Saskatoon StarPhoenix this morning (Mon. Nov 28, 2005) was the subject of an interview with David Orchard today, on Saskatoon's CKOM Radio, "The David Kirton Show." (3 parts, approximately 25 minutes)

The StarPhoenix, Monday November 28, 2005
Conservative Party owes Orchard more than $70,000
Ex-leadership candidate alleges party being vindictive

By Daniel Jungwirth

Two and a half years after the Progressive Conservative leadership race, the Conservative Party of Canada has yet to pay David Orchard more than $70,000. About $55,000 of that is owed to the Borden-area farmer from donations to his leadership campaign. continued...

April 27, 2005

from Marjaleena Repo

Dear Sirs, You ceaselessly point your fingers at the Liberal government members in the House of Commons and pontificate about their ethical misdeeds, alleged and real. You demand that they come clean, confess to their malfeasance and accept punishment, long before the Gomery Commission is able to present its findings of fact and recommendations.

Now you want to force the whole country through an early and expensive election because of the ethical failures of the Paul Martin government! But who are you two to talk about ethics and "moral authority?" Are you not staring yourself blind at the speck in the government's eye, while ignoring – and hoping that no one else would notice either – the beam in your own? continued

Ensign, April 12, 2005
Conservative leaders' rhetoric does not match reality
by Marjaleena Repo

In the aftermath of the Conservative Party's first convention, its leaders are making statements that cannot go unchallenged. Stephen Harper announces boldly that his party is a "very inclusive, open party," that there is room in his party for differing views, and that the party has demonstrated "a high degree of tolerance of differences." ...

On his part, deputy leader Peter MacKay continues to falsify history. He claims, with a straight face, that his infamous breech of the signed agreement with David Orchard in the 2003 PC Party’s leadership convention, to abide by the PC Party's constitution and not to merge with the Canadian Alliance, was "democratic, involved, transparent and open," because he had consulted widely and thoroughly with party members before he signed an agreement with Stephen Harper to do the exact opposite, to merge the parties. continued

Winnipeg Free Press, April 8, 2005
Orchard wants his money back
By Frances Russell

David Orchard, the bilingual fourth-generation Saskatchewan farmer who brought the second largest number of delegates to the Progressive Conservative Party's 2003 leadership convention, says the Conservative party is blackmailing him with $77,000 of his own money. continued...

Hill Times (Ottawa), March 28 – April 3, 2005
Orchard wants Conservatives to pay his leadership campaign money
by Christopher Guly

Denied a Conservative Party membership and refused entry as a "member-observer" at the federal Conservatives' recent policy convention in Montreal, David Orchard says he's still waiting for the party to hand over more than $70,000, excluding another $10,000 in legal costs and interest, he claims are owed to him as a result of his run for his unsuccessful leadership run for the former federal Progressive Conservative Party of Canada two years ago. continued

MEDIA RELEASE, March 20, 2005

David Orchard vs. Conservative Party, Monday, March 21, 2005 at 10 a.m. Courthouse, 393 University Ave, Toronto

The legal contract that David Orchard signed with the Progressive Conservative Party of Canada (now Conservative Party) when he entered the leadership race in January '03, included the proviso that all campaign donations sent to the party headquarters for processing (to give donors a tax credit receipt) would be returned to the candidate within 2 business days. He was also guaranteed a return of his refundable deposit of $15,000, as long as he fulfilled all his obligations, which he did before the end of 2003.

In December 2003, David Orchard Campaign submitted to the party over $50,000 in donations sent to him to help pay his campaign debts. This amount has never been returned to him, and neither has his $15,000 deposit. continued...

Conditions for releasing the funds set by the Conservative Party
Conditions proposed by David Orchard

Globe and Mail, Wednesday, February 25, 2004
Orchard takes Conservatives to court again
by Luma Muhtadie

Former Tory leadership candidate David Orchard has filed another lawsuit against the new Conservative Party for violating its own rules by holding on to more than $70,000 of his money from the leadership campaign... continued

Press release, Tuesday, February 24, 2004
Ethics like charity begin at home, David Orchard tells the Conservative party of Canada

Much is made by the new entity, the Conservative Party, of the lack of ethics and trustworthiness of the Liberal government. Not a day goes by without a Conservative Party representative, sometimes Peter MacKay himself, pronouncing on the dishonesty of the Liberals and demanding accountability. "Where is the money?" they call out, and "Give back the money," they demand... continued... aussi en francais

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Ahenakew et al vs. MacKay and the Progressive Conservative Party of Canada
(regarding the Canadian Alliance-Progressive Conservative party merger)

Appeal Decision
view the PDF file
(173 kb) (Thursday, June 3, 2004)

Factum of the Appellants, Respondents by cross-appeal (costs)
view the PDF file
(36 kb) (April 2004)

Factum of the Appellants by cross-appeal (costs)
view the PDF file
(108 kb) (Friday, April 16, 2004)

Factum of the Appellants, Responding parties on the Cross-Motion to quash the Appeal
view the PDF file
(39 kb) (April 2004)

Factum of the Respondents, Moving party on the Cross-Motion to quash the Appeal
view the PDF file
(123 kb) (Monday, April 12, 2004)

Factum of the Respondents, Appeal
view the PDF file
(133 kb) (Friday, April 16, 2004)

Appellants' Factum, Appeal
view the PDF file
(58 kb) (hearing date: Tuesday, April 27, 2004)

Ruling on court costs
view the PDF file
(175 kb) (Friday, March 23, 2004)

Respondents' written costs reply
view the PDF file
(638 kb) (Friday, February 6, 2004)

Applicants' cost submissions
view the PDF file
(1,064 kb) (Friday, January 30, 2004)

Respondents' written cost submissions
view the PDF file
(992 kb)

Notice of Appeal, Ontario Court of Appeal
view the PDF file
(303 kb) (Friday, December 19, 2003)

Reasons for Judgment
view the PDF file
(1,139 kb) (Friday, December 5, 2003)

Applicants' factum
view the PDF file
(2,590 kb) (Tuesday, December 1, 2003)

David Orchard, supplementary affidavit and reply to Dominique Bellemare
view the PDF file
(1,218 kb) (November 30, 2003)

Dominique Bellemare, PC Party National Secretary, affidavit
view the PDF file
(2,791 kb) (Wednesday, November 26, 2003)

David Orchard, affidavit
view the PDF file
(1,469 kb) (Thursday, November 20, 2003)

Notice of application, Ontario Superior Court
view the PDF file
(424 kb) (Thursday, November 20, 2003)

Legal opinion on the merger, commissioned by opponents
view the PDF file
(2,071 kb) (Thursday, October 23, 2003)

Globe and Mail, December 1, 2003
Why we’re going to court
A small clique has hijacked our party and violated its constitution, say long-time Tories
by David Orchard, Hanson Dowell, Oscar Johvicas, and John Perrin
...Read the story

Wednesday, November 26, 2003
Launch of the legal suit against the proposed merger

At a press conference held November 26, 2003 at the offices of Sack Goldblatt Mitchell, David Orchard announced the official launch of the legal suit and introduced key plaintiffs.

In this video, you will see the entire press conference, including the lively and various comments of a range of supporters as well as a question period towards the end. Those speaking include Sean Dewart, chief lawyer on the case, who summarizes the crux of the legal argument; C. Hanson Dowell, chairman of the PC Party Presidents Council of Nova Scotia and a life-long Tory; Oscar Johvicas, immediate past president of the Beaches-East York federal PC Association and an active party member since 65;. Jean Glover, supporter from Haldeman-Norfolk, Ontario; Marie Gatley, great-grandniece of Sir John A. Macdonald; and Arthur Langford, supporter from Haldeman-Norfolk, Ontario.
(47 minute streamed video) Watch the conference...

21 November 2003 - Ottawa
David Orchard challenges takeover: National Press Theatre press conference
(24-minute streamed video)
Hear David explaining:

  • his original convention agreement with Peter MacKay on May 31st: that there would be no merger with the Canadian Alliance;
  • how Peter MacKay has, with no mandate from the PC membership, signed an "Agreement-in-Principle" with Stephen Harper, proposing just such a merged party;
  • how the proposed merger contradicts the expressed wishes of the PC membership, as indicated by a vast majority of delegates at the past two PC conventions;
  • how the proposed merged party does not reflect the interests of the Canadian public, and is likely to be far less successful at the polls than an invigorated PC party dedicated to upholding its own time-honoured values.

The StarPhoenix, Monday, April 5, 2004
Orchard wins fight against Tories
by Darren Bernhardt

Saskatchewan farmer David Orchard has struck a major blow against his Goliath, dodging a $200,000 lawsuit by the Conservative Party of Canada.

"It lifts a great weight off our shoulders, this threat of huge costs," said Orchard, the former Progressive Conservative leadership hopeful. "It's a significant victory for us. I can tell you our people all across the country are happy." continued... aussi en francais continuez...

Media release, Monday, April 5, 2004
PC loyalists win in the Ontario Superior Court

Following the December 5, 2003 ruling by Justice R. Juriansz in the legal challenge to the merger between the Canadian Alliance and the Progressive Conservative Party (Ahenakew et al vs MacKay), the new Conservative party filed a claim with the judge for a $200,000.00 cost award against David Orchard and the 22 other applicants ... continued
aussi en francais continuez

Media release, April 25, 2004
PC-CA merger case goes to Ontario Court of Appeal

Following the March 23, 2003 ruling by Justice Russell Juriansz, wherein the judge rejected the new Conservative party's claim for a $200,000.00 costs award against David Orchard and the 22 other applicants, the Progressive Conservative loyalists are set to take their case to keep the PC Party alive to the Ontario Court of Appeal. continued

Tuesday, April 27, 10:30 am.
Appeal Hearing, Merger case, Ahenakew vs MacKay.
Ontario Court of Appeal,
130 Queen Street West (old Osgoode Hall)
Toronto, ON

Appeal of December 5, 2003 ruling by Justice Juriansz in the Canadian Alliance - PC Party merger case.

Toronto Star, Wednesday, April 28, 2004
Fighting for her family - and her party
Creation of the new Tories a 'betrayal'
First PM's relative appealing merger

by Tracey Tyler

The cobblestone path to Ontario's highest court might cause lesser beings to falter, but Marie Gatley didn't miss a step. She may be 83, but she's just as steely in her determination to rescue one of Canada's founding political parties - and her family legacy... continued

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The Hon. Sinclair Stevens vs. the Conservative Party of Canada and the Chief Electoral Officer
(regarding the registration of the merged Canadian Alliance-Progressive Conservative party)

Court action to quash the Conservative Party and restore the Progressive Conservative Party to the Registry of Political Parties
view the PDF file
(6 kb) (Thursday, May 13, 2004)

Applicant's memorandum of fact and law
view the PDF file
(71 kb) (Thursday, March 11, 2004)

Sinclair Stevens' Application for Judicial Review of Merger
(The Honourable Sinclair Stevens vs. the Chief Electoral Officer and the (new) Conservative Party of Canada)
view the document (17 kb) (Monday, December 22, 2003)

Globe and Mail, Monday, January 9, 2006
Critic of Tory merger to take fight to top court
by Gloria Galloway

OTTAWA – A veteran of the former Progressive Conservative Party will ask the Supreme Court to overturn a rejection of his bid to undo the amalgamation that created the current Conservative Party. continued

Globe and Mail, Friday, November 18, 2005
Court rejects bid to undo party merger
by Gloria Galloway

OTTAWA – A bid by a stalwart of the old Progressive Conservative Party to undo the amalgamation that created the present-day Conservatives has been rejected by the Federal Court of Appeal. ...Peter Rosenthal, a lawyer for Mr. Stevens, said he is urging his client to appeal the case to the Supreme Court of Canada.

... Sinclair Stevens, a 78-year-old former Conservative cabinet minister, argued that electoral law requires Chief Electoral Officer Jean Pierre Kingsley to have waited 30 days after party members approved the joining of the Progressive Conservatives with the former Canadian Alliance to register the new party. Mr. Kingsley acted just one day after the delegates to a meeting of the Progressive Conservatives voted more than 90 per cent in favour of the merger on Dec. 6, 2003. continued

Vancouver Sun, November 23, 2004
Legal challenge of Conservative party fails

OTTAWA -- A Federal Court judge has rebuffed a legal challenge by a group of former Progressive Conservatives who said their party was illegally dissolved during creation of the Conservative Party of Canada a year ago.

The court action, launched by former PC MP Sinclair Stevens -- a cabinet minister in the Mulroney era -- was dismissed in a written judgment released Monday. Justice Elizabeth Heneghan found Stevens was right in arguing that Chief Electoral Officer Jean-Pierre Kingsley erred in immediately recognizing the merger of the PC party and the Canadian Alliance, but his actions did not merit quashing the registration of the new party.

(Read the decision on the Federal Court's web site

Globe and Mail, Monday, March 08, 2004
Stevens asks to see file on Tory merger
"The objective was to pre-empt a legal challenge, Marjaleena Repo, the Progressive Conservative Party's Saskatchewan vice-president [and David Orhcard's senior advisor], says in an affidavit."
by Gay Abbate

Former Progressive Conservative cabinet minister Sinclair Stevens will be in court today asking for all documentation from the federal chief electoral officer on why he approved the merger of the Canadian Alliance and the Progressive Conservatives on a Sunday, depriving opponents of the chance to take legal steps to stop it...continued

CBC Webpost (, Monday, May 17, 2004
MP mystified by anti-merger suit
by CBC Staff

ST. JOHN'S ­ St. John's West MP Loyola Hearn says he's baffled by the support former Premier Brian Peckford is throwing behind a law suit that challenges the validity of the merger of the Canadian Alliance and Progressive Conservative parties... continued

Press release, Thursday, May 6, 2004
Formation of the Conservative Party of Canada to be Challenged in Federal Court on May 11, 2004

An internal Elections Canada document reveals that, at a meeting on November 25th, 2003, the Chief Electoral Officer advised party representatives that he was prepared to adopt flexible and responsive procedural processes to respond effectively and efficiently to any application which might be submitted to his office. The Applicant takes the position that the processes adopted contravened the rights of the "PC Loyalists." The full story...

Press Release, Friday, March 5, 2004
Why did the Chief Electoral Officer create the Conservative Party of Canada on a Sunday?

There will be a motion in Federal Court in Toronto on Monday, March 8th asking the court to order the Chief Electoral Officer to provide more information from his files concerning the creation of the Conservative Party of Canada.

The Chief Electoral Officer registered the Conservative Party of Canada as a result of a purported merger between the Progressive Conservative Party and the Canadian Alliance on Sunday, December 7th, 2003. One consequence of the registration was to eliminate the Progressive Conservative Party. The full story...

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