Day 21
Note: I am a poor note-taker and these summaries will contain errors and omissions which will reflect my limitations. My intention is to report on the facts as accurately as possible although a subconscious bias may creep in. I can only provide glimpses into what I see as relevant and interesting events. My goal is to capture the essence of the day’s events rather than be comprehensive.
Read the reference documents: The Legal Case and Events Leading to Trial to obtain an understanding of the case and its history. Names and terms are abbreviated and defined in Glossary.
Examination of Karim Jivraj by Mr. Harrison
Overview of Examination Format
At the outset, the Court ruled that Mr. Harrison’s questioning of Mr. Jivraj would begin as a direct examination but would convert to cross‑examination if Jivraj provided testimony inconsistent with his prior sworn evidence. His earlier testimony included:
His examinations for discovery
His testimony at a previous trial
The judgment from that earlier proceeding
Within minutes after starting to testify Jivraj made a statement inconsistent with his prior evidence. Mr. Harrison then applied to have him declared a hostile witness, and the Court granted the application. The remainder of the examination was conducted as a cross‑examination.
Note: Jivraj was compelled to attend by subpoena. His characterization as a hostile witness was an understatement: he repeatedly avoided giving direct answers, frequently claiming, “I can’t recall,” “I’m not sure,” “I don’t know,” “It’s possible,” or “maybe.” He admitted facts only when he knew they could be independently proven and sometimes refused to acknowledge facts that were plainly true—such as whether he received emails addressed to him. The day’s evidence nonetheless provided an accurate portrayal of his credibility and character.
Contempt of Court and Unpaid Costs
Jivraj acknowledged or did not dispute that:
He had been found in contempt of court on three prior occasions and had not purged his contempt in two of them.
He had been ordered to pay Caylan multiple costs awards, most of which remained unpaid.
He had not paid the $10,000 penalty imposed by Justice Graeser for contempt of court.
Conduct in Ontario Prior to Moving to Alberta
Jivraj’s evidence concerning his Ontario activities was marked by extensive memory lapses, despite prior sworn admissions:
He said it was “possible” he wrote a derogatory email about a political candidate, attached her photo, and compiled a distribution list, but he “couldn’t recall.”
He claimed he could not remember circulating malicious rumours alleging that Sue Liu was in an intimate relationship with a senior political figure.
He had previously admitted under oath that he circulated those rumours.
He claimed he could not recall receiving emails—even those addressed to him.
He could not recall whether he had provided a particular list of contacts
When confronted with his earlier sworn evidence, he acknowledged that he had provided the particular list of contacts.
He claimed he could not remember publishing derogatory emails under the pseudonym teamblue2018.
He had previously sworn that he authored those pseudonymous emails.
Justice Graeser, in another lawsuit between the parties, wrote:
“Mr. Jivraj acknowledged that he owned and operated the site ‘Teamblue’ while in Ontario… he feels stupid about that and is ‘not particularly thrilled about that fact.’ He testified that using anonymous email accounts was something he stopped doing…”
Additional findings from that decision:
When it was discovered that he authored the defamatory teamblue2018 emails, he was in “big trouble” in Ontario.
A senior party official told him he would not have a political career in Ontario.
Days later, he flew to Calgary.
Events After Moving to Calgary
Jivraj admitted that Caylan helped him find accommodation and employment at a law firm. His employment there was terminated.
He later obtained employment at another firm; that employment was also terminated.
The Phil Shuman Incident
Jivraj admitted:
He told Phil Shuman that Caylan had accused Phil of making “inappropriate advances on her.”
A chain of text messages independently confirmed this.
This occurred during the height of the Me Too movement.
He acknowledged that a woman’s career would be destroyed if she was known to have made false allegations of sexual harassment.
Caylan confronted him about the false accusation.
He later met with Caylan and Phil; he acknowledged that when he met with them he may have been inebriated.
He asked everyone to place their phones on the table so the conversation would not be recorded.
He admitted that Caylan had not accused Phil of inappropriate conduct.
He apologized to both Caylan and Phil.
He said alcohol “possibly” played a role and that he was experiencing substance‑abuse issues.
Purchase of Domain Names
Jivraj admitted:
He purchased caylanford.ca after learning Caylan was seeking the Mountainview nomination.
He claimed he could not recall why he purchased it.
Justice Graeser previously wrote:
“Mr. Jivraj acknowledged that he had purchased the domain name ‘Caylanford’. He testified that it was a ‘stupid idea…’ when he feared Ms. Ford would harm his political aspirations.”
Additional admissions:
He relinquished the domain only after Caylan initiated arbitration.
He knew she had to pay $1,000 to begin the process.
He said it was “possible” he threatened to sue her if she proceeded.
He later said he did not know why he made the threat and described it as an “empty threat.”
He also purchased domain names associated with Licia Corbella when he believed she might seek a federal nomination.
Invitation to His Campaign Launch,
He invited Caylan to attend. See Tab 104, [click HERE to view]
The invitation included his admission that he had been “an asshole.”
He wrote that Caylan had been “one of the few kind people in [his] life.”
In testimony, he said about the invitation that he was “not sure if [he] was being disingenuous,” adding, “I suspect a part of it was true…”
The October 1 “Fraudulent Resident” Letter
· See the letter, Tab 56 [click HERE to view]
Key points established through testimony and prior sworn evidence:
Jivraj initially claimed he “can’t recall what part he played or who else was involved.”
When confronted with his prior testimony, he acknowledged he was the principal author although Hlady was also involved.
He was then the president of the Mountainview Constituency Association and was required to remain neutral in the candidate nomination contest.
He collaborated with Hlady, who was running against Caylan in the candidate nomination contest.
He solicited signatures from board members, telling them he had evidence supporting the allegations.
He did not sign the letter himself.
The letter accused Caylan of “deliberately misleading” the Party and attempting to “fraudulently circumvent” Party rules.
He could not identify any valid basis for these allegations.
He did not know what representations Caylan had made to the Party.
He did not know how Caylan’s representations were misleading.
There was no board resolution authorizing the letter (9 of 26 members signed).
He knew Caylan was born and raised in Calgary and had a Calgary home in 2017.
The letter was sent Press Progress on October 11 as an attachment to an email; the name of the sender of the email was redacted.
Jivraj testified it was “possible” he sent the email to Press Progress.
When confronted with prior sworn evidence, he admitted he did send the email to Press Progress attaching a copy of the "fraudulent resident" letter.
Jivraj said he didn’t recall circulating the letter to others inside and outside the Party.
When confronted with his former sworn testimony, Jivraj admitted that he had sent the letter to others inside and outside the Party
Jivraj first stated that he understood Press Progress to be a left‑leaning outlet.
He later admitted he knew Press Progress was NDP‑affiliated.
Party Response
Caylan filed a complaint with UCP HQ.
Executive Director Janice Harrington wrote to the board confirming:
A candidate need only be a resident of Alberta.
Caylan met all requirements.
The complaint had been leaked to Press Progress, “an NDP proxy attack site.”
Jivraj claimed only a “vague” recollection of receiving the Harrington email.
Mr. Savelrud, Rules Committee Chair, emailed confirming Caylan was a legitimate candidate.
Jivraj claimed he did not recall receiving the Savelrud email.
Jivraj’s October 13 Email to the Board
He wrote to “Fellow Board Members,” stating:
“It appears there has been a complaint filed…”
The complaint “was not filed on behalf of the Board” but by “individuals who happen to be Board members.”
“No internal party correspondence should be shared outside of the Board.”
Board members had a “fiduciary duty” to protect Party interests.
He asked members to send him information “privately.”
This email is addressed in the Comment section below.
The November 25 “Too Good” Letter
See the letter, Tab 57 [click HERE to view]
The letter alleged:
Caylan made “evasive and misleading statements” about her background.
She had been “deceptive and evasive.”
She refused to be “honest and transparent.”
Additional findings:
It purports to have been written by “Mountainview Grass Roots Conservatives.”
Jivraj admitted he alone was mountainviewconservatives@gmail.com and that he sent the letter on November 25.
It included a fabricated quote attributed to Caylan.
Jivraj admitted that “it’s entirely possible” he fabricated the quote he attributed to Caylan.
Later in his evidence he admitted that Caylan had not made the statement attributed to her.
· Jivraj testified that he didn’t remember who he sent the letter to or where he obtained their addresses
He sent the letter to 1,400 Party members using a confidential membership list available to him only because he was president.
Press Progress also published the letter.
Internal Response
Board member Chris Muldoon investigated and identified Jivraj as the source of the letter.
Muldoon wrote to the other board members stating:
“Karim has outstayed his welcome on this board and has abused his resources (access to email membership list). He is clearly not capable of acting in the best interests of the constituency and definitely not the party. He has been biased since day one, and because of his own personal issues with a candidate, he is in whatever way possible attempting to derail the nomination process by mailing the membership from an account that he created to sound official.
I have growing concerns about our boards ability to operate in an unobstructed and unbiased manner due to Mr. Jivraj’s continued underhanded tactics”
CFO Justin Charbonneau wrote to UCP HQ expressing “serious concerns” about Jivraj’s “underhanded tactics.”
Jivraj acknowledged that multiple board members asked him to resign.
The UCP suspended him as president.
Board member Savelrud wrote to Jivraj:
“Given the recent events and your suspension as president of the Mountainview Constituency Association it would be appropriate if you were to submit your resignation as President and Director”
“If you have not resigned by the end of this week we intend to circulate a motion to the board members for your removal ….”
Jivraj resigned.
Court Adjourned.
Comment
Nothing illustrates the treachery and duplicity of Jivraj more clearly than his October 13 email to the board regarding the October 1 letter. Tab 56 [click HERE to view]
He:
Authored the “fraudulent resident” letter
Solicited signatures
Leaked it to Press Progress and other media
Circulated it further inside and outside the Party
That conduct by the president of the Constituency Association of the UCP was a treacherous betrayal: of the Constituency Association, of the UCP and of candidate Caylan.
In his October 13 email Jivraj wrote as though the letter had appeared from nowhere, stating:
“It appears there has been a complaint filed…”
That statement was a thinly disguised lie about the source of the letter.
Jivraj went on in his email to state that:
“This was a private complaint filed by individuals who happen to be Board members.”
He falsely implied:
He was not involved
The signatories acted independently
The leak was someone else’s doing
The board members who had signed the letter intended it to be a private complaint; it was Jivraj who made it public.
The signatories to the letter didn’t just “happen to be” board members; they were solicited by Jivraj because they were board members.
Although the board members who signed intended the letter to be a private complaint Jivraj had other, nefarious plans, and those other plans involved Press Progress.
The board members who had signed the letter had been deceived into believing that Jivraj would sign the letter and that it was a private Party matter.
Jivraj continued, saying,
“This complaint was leaked to media sources ….”
The letter was indeed leaked to media sources – by Jivraj.
He sent it to Press Progress, which he knew was an organ of the NDP.
Jivraj was again lying by feigning ignorance.
He went on to chastise board members by emphasizing that:
“No internal party correspondence should be shared outside of the Board …”
A peculiar statement coming from Jivraj, who was the author of both the "fraudulent resident" letter and the “Too Good” letter, and who did his best to see that both were widely circulated.
Then, to put a legalistic touch to his sanctimony, Jivraj warned that:
“you have all committed to a fiduciary duty to protect the Board’s and the Party’s interests by accepting elected [sic]the mandate entrusted to you.”
Clearly, Jivraj knew that he had breached his fiduciary duty. It demonstrates that he has no moral compass.
Then, to emphasize that he knew nothing about the letter, and to show that he was intending to investigate, Jivraj stated:
“If anyone has information related to this concern, I would ask that you send me a private email.”
Jivraj didn’t need more information; he needed to confess his guilt.
The most peculiar thing about Jivraj is that he does not appear to recognize that he did anything wrong.