The Ontario Government has filed its Notice of Motion, explaining exactly how and why it wants the July 6th, 2020 lawsuit thrown out. There are more papers to come, but here is the gist of it, according to the Attorney General:
- The case is frivolous and vexatious
- The Orders being challenged lapsed long ago
- The pleadings are written so poorly, it’s impossible to respond to
For context, consider that the Claim was filed in July 2020, and then sat inactive for 2 1/2 years. The first Court appearance (of any kind) was on January 17th, 2023. This was a case conference to schedule dates for a Motion to Strike.
We are approaching the 3 year anniversary of the Statement of Claim being filed.
The case has been idle and inactive for so long that many of the issues it raises are moot, and no longer of relevance. This includes various emergency orders, which have long since expired. This site predicted last Summer that this would happen.
That’s right: the Government is trying to get the case tossed, at least in part, because the orders being challenged lapsed ages ago.
The Notice states that absent a new Declaration of Emergency, it’s impossible to issue more Orders such as under the Reopening Ontario Act.
The Statement of Claim, despite being 191 pages, is lacking in any details or specificity about the orders and regulations that are being challenged. In other words, it’s too vague for the Defendants to meaningfully respond to.
The Notice cites Rule 25.06(1) of Civil Procedure. This refers to the requirement that pleadings contain a concise set of material facts. The Claim certainly does not.
The Notice cites Rule 21.01(1)(b) of Civil Procedure, arguing that the Claim doesn’t disclose a reasonable Cause of Action. In other words, it’s not asking for things that the Ontario Superior Court (Civil) can realistically grant, even if the allegations were proven.
The Notice states: “The pleadings are replete with irrelevant, speculative and bare allegations,
including numerous allegations which are beyond belief or proof. The pleadings are filled with conspiracy theories, including allegations regarding Bill Gates, the World Health Organization, and “a declared agenda to impose global mandatory vaccination, ID chipping, testing and immunity certification on all citizens” that “has been in the works for decades.””
It’s worth mentioning that filling the Claim with non-justicible issues will very likely cause the pleadings to be struck for that reason alone. It happened with Action4Canada in August 2022, and with 600 Federal Plaintiffs in February 2023. In fact, it’s inevitable that those cases will be used as precedents here.
The Vaccine Choice lawsuit is similarly filled with issues that a Civil Court can’t preside over, and makes countless accusations against non-Parties.
Expect a Decision with the words “bad beyond argument” early in the new year.
As for sending a message to the CBC, that will never happen. The lawsuit was discontinued against them in July 2022, after they threatened to being an anti-SLAPP Motion.
Another ground for the Motion is that the Claim is scandalous (pleads evidence), frivolous and vexatious. The Government is claiming that the suit is a waste of everyone’s time, and is very poorly written. If only someone could have spoken up about that years ago.
The dates for various documents to be filed are outlined in this Requisition Form. It doesn’t appear that there will be any Affidavits or cross-examinations to be done, but those are listed anyway.
The Applications pushed by Police On Guard and Children’s Health Defense Canada are apparently “moot” as well, and not being advanced. However, neither group makes that clear, and both are still soliciting donations. More on that another time.
The leadership at Vaccine Choice doesn’t deny that nothing has happened with this case. Instead, they offer nonsense justifications about why it’s no longer necessary to pursue. Probably the most common example are claims that simply filing this lawsuit led to exemptions for masks. Even if this were true, what about everything else that was alleged in the papers?
Action4Canada boasts of similar achievements, such as its filing resulting in mask exemptions on B.C. Ferries. Of course, no evidence is ever submitted.
The Motion with Vaccine Choice is scheduled to take place over 1 1/2 to 2 days. Currently, January 30th and February 1st, 2024 have been set aside. Watching via Zoom should be an option.
*A small disclaimer: this appears to have been only filed by the Ontario Defendants. It’s possible that other Notices will be coming as well. They have until June 30th. However, the issues raised will be similar, if not virtually identical.
VACCINE CHOICE CANADA COURT DOCUMENTS:
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service
(5) VCC – Requisition For CPC Motion To Strike
(6) VCC – Notice Of Motion To Strike