1 The CAUT Litigation Service is designed to assist member associations with cases involving important legal issues that may set significant precedents and which involve principles affecting the whole profession, such as academic freedom and discrimination.
2 CAUT will consider requests from member associations to provide staff counsel or financial assistance for approved legal costs for rights arbitrations, other hearings, judicial reviews and other legal cases. Requests for CAUT staff counsel or assistance with legal costs must be submitted to the Executive Director using the “Request for CAUT Litigation Service” form.
The following factors will guide the consideration of the request: (1) whether the case involves the abridgement of academic freedom, a dismissal, discrimination or other matters of serious consequence to the profession; (2) whether a decision in the case is likely to set a significant precedent; (3) whether there is a reasonable chance of success; (4) whether the member association is willing to assist and collaborate in the arbitration or hearing; and (5) whether the association has received or requested support from other sources. Normally, an association will not be eligible to receive support from the Litigation Service if it has received or applied for support from other sources, including the CAUT Academic Freedom Fund and the CAUT Defence Fund.
To facilitate the consideration of requests, the requesting association will be required to provide information about: (a) the association's financial resources and capacity, both in general and to process the specific matter at hand;(b) the nature of the legal issue or grievance in question; and (c) their efforts to resolve the matter to date.
Member associations considering making a request should consult with the Executive Director as early as possible.
3 Where the case will be particularly lengthy and/or there is a need for specific legal expertise to consider, the Executive Director may authorize non-staff counsel to litigate the case with a CAUT lawyer as co-counsel. Exceptionally, the Executive Director may authorize non-staff to litigate without CAUT staff counsel. If the request is approved, CAUT shall be consulted on the selection of counsel and will reimburse legal expenses to the member association according to the following formula:
- All of the first $25,000;
- 2/3 of the next $30,000; and
- 1/3 of the subsequent $35,000.
Expenses that exceed $90,000 shall normally be the sole responsibility of the member association. Where the member association demonstrates it is unable to pay its portion of approved expenses, and/or that the case is particularly complex and therefore will require more legal resources than normal, the CAUT Executive may authorize additional amounts or provide a loan.
This cost-sharing formula is subject to the availability of CAUT funds. The arrangement for non-staff counsel is subject to the other provisions policy.
4 Where CAUT staff act as counsel, they will, for all relevant matters pertaining to the case, act for the member association and not as counsel to individual members. CAUT counsel shall be governed by the principles of solicitor/client relations. As a condition of accessing the CAUT Litigation Service, the member association is required to assist with the handling of the case, because the local coordination of people, documents, information, venues and local office support are essential to the full and adequate handling of the arbitration or hearing.
5 This policy shall be administered by the Executive Director of CAUT. Any appeal of a decision of the Executive Director shall be submitted to the Executive for a final decision. The Executive shall report its decisions to Council annually.
Adopted by the CAUT Council, October 1990;
Revised, September 1991;
Approved by the CAUT Council, November 1999;
Editorial revisions, November 2000;
Reviewed, April 2006;
Reviewed, no changes, February 2024;
Approved by the CAUT Council, November 2025.
