the Queen’s University
—
journal
Vol. 150, Issue 11
—
F r i d ay , O c t o b e r 2 8 , 2 0 2 2
—
Situated on the traditional lands of the Anishinaabe and Haudenosaunee peoples.
Since 1873
Queen’s settles court case with Ph.D student alleging misappropriation of neuroscience University was not served with the statement of claim A sbah A hmad Senior News Editor Dr. Mark Lindsay, a chiropractor and Queen’s PhD student filed, a lawsuit against Queen’s University; Dr. Douglas Cook, chair of the Queen’s Division of Neurosurgery; Performance Phenomics Holding Corp.; and Voxel AI Inc., which was intended to be a re-branding. A now settled statement of claim issued in the Ontario Superior Court of Justice on Jan. 31, 2021 commenced the lawsuit. It alleged Queen’s was involved in misrepresentation, breach of
contract, breach of trust, breach of fiduciary duty, and breach of Queen’s Senate Policy on Integrity in Research. Similar allegations were made against Cook—while the statement of claim alleged Voxel AI was involved in unlawful misappropriation and use of his PhD research, thesis, cohort, and intellectual property. Lindsay claimed punitive damages of $1 million and aggravated damages of $300,000 against all defendants except Queen’s, so long as the University honours the terms of the PhD degree and designates Dr. Leslie MacKenzie the sole PhD supervisor for Lindsay.
The University responded to a request for comment from The Journal, in which they explained court records only show one side of the dispute. The claims made within the statement of claim remain untested in a court of law. The Journal reached out to Cook and Voxel AI for comments. No comments were received in time for publication. “The university is aware of the statement of claim filed with the court, which represents only the plaintiff’s perspective. Had the university been required to file a defence, it would, and does, deny the allegations in the claim,” the University
said in a statement to The Journal. “The university didn’t file a statement of defence because it was never served with the claim.” According to the statement of claim obtained by The Journal, Lindsay was a sought-after chiropractor and soft tissues rehabilitation specialist focusing on athletes. Lindsay claimed he had been practicing for 33 years treating many patients from elite athletic backgrounds such as the NHL, NBA, and MLB. Lindsay’s practice includes many Olympic and World Champion athletes—additionally including high level tennis and golf players.
Lindsay works with many top surgeons and athletic teams in North America where he plays a role in designing and implementing post-surgical treatment protocols, according to the pleading. Around Jan. 8, 2016, Lindsay and the University met to discuss their mutual interest in having Lindsay complete his PhD at Queen’s. Before this meeting, MacKenzie allegedly encouraged Lindsay to start a PhD at Queen’s because of the “prestige and credibility” he would bring to the programme. See News on page 4
Kingston emergency services and medical centres ‘disappointed’ with Queen’s FOCO
Students gathered for fauxcoming on Aberdeen.
Principal Deane issues statement ahead of Homecoming weekend A sbah A hmad Senior News Editor Last weekend, students on campus gathered for “FOCO,” an unsanctioned gathering before the Queen’s sanctioned Homecoming weekend on Oct. 29. In an Oct. 25 press release, Kingston Fire and Rescue, Frontenac Paramedics, and Kingston Police said they were “disappointed” with the outcome of the unsanctioned gatherings taking place on Oct. 22. According to Kingston Police, attempts were made to dissuade individuals from attending gatherings. The Police observed 7,000 partiers throughout the afternoon in the Aberdeen St. area. “Individuals in attendance queensjournal.ca
PHOTO BY SANDRINE JACQUOT
at this unsanctioned gathering were observed engaging in dangerous activities including gathering and drinking on rooftops, crowd surfing on various objects, and climbing trees while intoxicated,” the Police said in the press release. The Police said the consequences of these unsanctioned gatherings are unacceptable. “We continue to see the impact that social media has had on mass gatherings in our communities and the rivalry that has been created between universities to hold the biggest unsanctioned faux Homecoming parties and traditional Homecoming events,” Police Chief Antje McNeely said in the press release. There were a total of 72 open liquor charges, 13 public intoxications charges, and two highway traffic act charges. There were a total of 13 arrests for public intoxication, @queensjournal
along with 36 noise complaints in the University district, and eight nuisance party complaints. A total of 102 administrative monetary penalties were issued by Bylaw Enforcement, notably $31,500 in fines for 63 individuals for failing to comply. According to the press release, the City of Kingston accrued a clean-up cost of $9,754.99. In a press release by the Kingston Health Sciences Centre (KHSC), they urged individuals planning on attending sanctioned gatherings to seriously reconsider. “I think we need to have a serious discussion as a community about the impact these large unsanctioned events, that are no longer just limited to Homecoming weekend, are having on our hospital,” KHSC President and CEO Dr. David Pichora said in the press release. “We continue to experience significant staffing shortages @queensjournal
across multiple programs and departments. We also continue to see increasing volumes of patients needing care on a regular day-to-day basis.” According to the press release, Pichora communicated with both the City of Kingston and the University that they can no longer be considered the safety net for these events, given their current resources. In the lead-up to this weekend’s Homecoming events, Principal Patrick Deane urged students to be thoughtful about the impact of uncontrolled behaviour. “This week, the police, city and hospital released statements about the negative impact of the unsanctioned activities that took place,” Deane said in a statement “A number of students were hurt, some seriously, and the toll on our city, police, first responders, and hospital was significant.” @queensjournal
News Queen’s debating union wins championship page 4
Features Confronting conversations about death page 6
Editorials Queen’s must act to expel hate page 7
Sports Women’s Rugby demolishes Western in OUA semi-final page pg 11 11
@thequeensjournal