Author: Ronnie

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Discontinued: Leighton Grey Drops (At Least) 9 Vaccine Passport Cases

This site has covered many of the terribly crafted cases filed by the “freedom lawyers” in recent years. These challenges to lockdown measures — such as injection mandates — are often comically done. The suits have procedural defects built in, which ensures that they go nowhere.

However, let’s consider another angle. Does it benefit clients, or the public as a whole, when cases are simply discontinued (dropped) long before they’re ever heard?

Worse, there’s typically no media attention when lawsuits are ended like this. Certainly, high profile rulings do get published. But there are no decisions when cases are simply dropped, making it far harder to piece together what’s really going on.

While CanLII is a great tool for searching verdicts, it’s essentially useless at helping to find out when discontinuances are filed. Reporters are left having to manually search, often without complete information.

Today, let’s look at a (somewhat) more low profile lawyer, and at some of his recent work. The results are not encouraging.

Timeline Of Leighton Grey’s Injection Passport Cases

  1. March 16th, 2022: Grey discontinues lawsuit against University of Winnipeg.
  2. April 10th, 2023: Grey discontinues lawsuit against Purolator.
  3. April 12th, 2023: Grey discontinues lawsuit on behalf of Westjest employees.
  4. April 25th, 2023: Grey discontinues lawsuit against City of Calgary
  5. May 25th, 2023: Grey discontinues Proposed Class Action suit against Winnipeg/Manitoba.
  6. June 20th, 2023: Grey discontinues the rest of the case with CNR.
  7. January 31st, 2024: Grey discontinues Pillon lawsuit against Ducks Unlimited Canada.
  8. March 18th, 2024: Grey discontinues (Hildebrand) case with CNR.
  9. November 5th, 2024: Grey brings Motion to withdraw as counsel in Stowe/TransX case.

Then there’s the Canada Post (a.k.a. “Posties”) case to talk about. That wasn’t discontinued, but it was crashed into the ground. In order to challenge an arbitration ruling, Grey should have filed an Application for Judicial Review. Instead, he filed a Statement of Claim, and tried to get around it. Quite predictably, the case was thrown out.

Now, Grey is still soliciting money for his Proposed Class Action (Burke), which was filed in Federal Court. This is supposedly on behalf of federally regulated workers, excluding the airline industry. But considering he already dropped the Winnipeg suit, why should people have confidence in this one?

It’s worth noting that this very likely isn’t the complete list.

#1: Lawsuit Against University Of Winnipeg, Brent Roussin Et Al

This case is actually a bit confusing. While it appears that the parties agreed to having the case struck, there is still a Notice of Discontinuance on file. It’s also worth noting that the Statement of Claim filed here is essentially cut-and-pasted into future claims.

Note: The Manitoba Courts have a great system, which allows members of the public to check the status of cases. Specific documents can be requested, although there’s typically a fee for doing so.

(1) Mlodzinski Statement Of Claim
(2) Mlodzinski Notice Of Motion Uncontested
(3) Mlodzinski Order Striking Case
(4) Mlodzinski Notice Of Discontinuance

#2: Lawsuit Against Purolator, Canadian Government

June 17th, 2022: Statement of Claim is filed against Purolator and Ottawa.

December 23rd, 2022: Statement of Claim is amended.

April 10th, 2023: Claim is discontinued against everyone.

Note: All of the dates listed can be confirmed by searching the respective cases on the Federal Court website. It keeps a detailed listing of all significant events.

There isn’t anything noteworthy to report in the case. After it sat idle, for nearly a year, the case was dropped. Presumably, no one got refunds.

PUROLATOR COURT DOCUMENTS:
(1) Purolator T-1267-22 Statement Of Claim
(2) Purolator T-1267-22 Amended Statement Of Claim
(3) Purolator T-1267-22 Notice Of Discontinuance

#3: Lawsuit Against Westjet, Government Of Canada

October 4th, 2022: Statement of Claim is filed.

November 17th, 2022: Defence files Notice of Intent to Respond.

November 20th, 2022: Case management is ordered.

November 21st, 2022: Amended Statement of Claim is filed.

December 5th, 2022: Plaintiffs (a) Erin Shannon; (b) Tara Mainland; (c) Jennifer Masterman all send in Notices of Discontinuance.

December 8th, 2022: Plaintiff’s lawyer (Grey) submits letter with proposed timetable.

February 28th, 2023: Court orders case management conference on March 13th, 2023.

March 13th, 2023: Conference discusses options of discontinuing overall, or setting timetable to file materials for Motion to Strike.

April 12th, 2023: Lawsuit is discontinued.

Note: All of the dates listed can be confirmed by searching the respective cases on the Federal Court website. It keeps a detailed listing of all significant events.

WESTJET COURT DOCUMENTS:
(1) Westjet Statement Of Claim October 2022
(2) Westjet Amended Statement Of Claim November 2022
(3) Westjet Order Timetable December 2022
(4) Westjet Notice Of Discontinuance April 2023

#4: Firefighters V. City Of Calgary, Case Dropped

July 7th, 2022: Statement of Claim filed.

August 9th, 2022: Application brought to strike Statement of Claim.

September 9th, 2022: Hearing (to strike suit) adjourned.

September 21st, 2022: Statement of Claim is amended.

April 25th, 2023: Notice of Discontinuance.

Note: The Alberta Courts are a bit different. The search function allows people who order a list of the documents filed. From there, specific ones can be selected.

(1) Calgary Firefighters List Of Documents

#5: Peters V. Winnipeg/Manitoba Class Action

December 8th, 2022: Statement of Claim is filed in the King’s Bench Court of Manitoba

January 5th, 2023: Municipal Defendants prepare Notice of Motion to strike lawsuit.

January 6th, 2023: Manitoba Defendants prepare Notice of Motion to strike lawsuit.

February 14th, 2023: Hearing for Motion to Strike is adjourned.

February 27th, 2023: Hearing for Motion to Strike is adjourned.

April 27th, 2023: Hearing for Motion to Strike is adjourned.

May 25th, 2023: Notice of Discontinuance is filed.

Note: The Manitoba Courts have a great system, which allows members of the public to check the status of cases. Specific documents can be requested, although there’s typically a fee for doing so.

As an aside, the Notice of Discontinuance is dated April 3rd, 2023, but wasn’t filed until the end of May. Perhaps dropping the case had long been the intention.

There are so many examples of this happening.

WINNIPEG/MANITOBA COURT DOCUMENTS:
(1) Winnipeg Class Action Statement Of Claim
(2) Winnipeg Class Action Notice Of Motion Municipal Defendants
(3) Winnipeg Class Action Notice Of Motion Provincial Defendants
(4) Winnipeg Class Action Affidavit Of Service
(5) Winnipeg Class Action Notice Of Discontinuance

#6: Lawsuit Against Canadian National Railway Dropped

March 4th, 2022: Grey files the Statement of Claim against CNR and the Federal Government. Despite representing over 200 Plaintiffs, the entire document is just 14 pages long.

September 7th, 2022: case management is held to bring a Motion to Strike.

October 11th, 2022: Statement of Claim is amended.

October 28, 2022: first Notice of Discontinuance is filed. Several Plaintiffs want out.

February 1st, 2023: Statement of Claim is again amended.

February 7th, 2023: Order from the Court regarding how to proceed with the Motion to Strike the case.

May 8th, 2023: Most Plaintiffs discontinue.

May 17th, 2023: Grey files a Motion to remove himself as solicitor for the few remaining clients. This appears to be the most work he has actually performed in the case.

June 20th, 2023: Last client discontinues case.

Note: All of the dates listed can be confirmed by searching the respective cases on the Federal Court website. It keeps a detailed listing of all significant events.

So, what actually happened in this case? The Statement of Claim was amended a few times, and there was some activity on a Motion to Strike. Then the suit was dropped without anything happening. None of the Plaintiffs ever got their day in Court. But their lawyer probably got his money.

CNR COURT DOCUMENTS:
(1) CNR T-553-22 Statement Of Claim (March 4, 2022)
(2) CNR T-553-22 Case Management September 7 2022
(3) CNR T-553-22 Amended Statement Of Claim (October 11, 2022)
(4) CNR T-553-22 Notice Of Discontinuance October 28, 2022
(5) CNR T-553-22 Amended Amended Statement Of Claim (February 1, 2023)
(6) CNR T-553-22 Order Regarding Motion To Strike February 7 2023
(7) CNR T-553-22 Notice Of Discontinuance May 8, 2023
(8) CNR T-553-22 Motion For Removal Of Solicitor (May 17, 2023)
(9) CNR T-553-22 Notice Of Discontinuance June 20, 2023

#7: Pillon V. Ducks Unlimited Canada Lawsuit

October 2023, Grey files a lawsuit in Manitoba against Ducks Unlimited Canada. The case is discontinued in January 2024, before the Statement of Claim is even filed.

Note: The Manitoba Courts have a great system, which allows members of the public to check the status of cases. Specific documents can be requested, although there’s typically a fee for doing so.

(1) Pillon Statement Of Claim
(2) Pillon Notice Of Discontinuance

#8: Hildebrand V. Canadian National Railway Lawsuit

At the end of October, 2023, Grey filed a Statement of Claim on behalf of Kenton Hildebrand, against CNR in Manitoba. The case was dropped in April 2024, and had not even been served.

Note: The Manitoba Courts have a great system, which allows members of the public to check the status of cases. Specific documents can be requested, although there’s typically a fee for doing so.

HILDEBRAND COURT DOCUMENTS:
(1) CNR Hildebrand Statement Of Claim
(2) CNR Hildebrand Notice Of Discontinuance

#9: Grey Withdraws As Counsel For Stowe/TransX Case

Grey filed this suit in October 2023. For more than a year later, until November 2024, there had been no activity whatsoever. Then, Grey filed a Motion to get himself removed as counsel.

While technically Grey hasn’t discontinued this case, Stowe is essentially screwed. He’s now outside the Statute of Limitations to file a proper claim, and it seems very unlikely he can get help with the existing one. For him, the case is over.

Note: The Manitoba Courts have a great system, which allows members of the public to check the status of cases. Specific documents can be requested, although there’s typically a fee for doing so.

(1) Stowe TransX Statement Of Claim
(2) Stowe TransX Motion To Withdraw

Okay, So Why Should People Care About This?

These types of lawsuits typically make the news when they’re filed. That said, they almost never get any sort of attention when they’re dropped. The public wrongly believes that there are lawyers working hard to protect their rights.

People are free to spend their own money however they wish. With that in mind, most people like to view themselves as intelligent consumers. Many appreciate being more fully informed before making purchases or financial contributions.

The next time some Government comes to trample people’s rights, is there any reason to expect the “freedom lawyers” will defend the public?

Worth noting: Grey was recently successful in getting certification for a Proposed Class Action involving residential school students. He’s clearly capable of doing great work. But his injection pass cases have consistently been a complete dead end.

Do you actually think Liberty Talk would ever address something like this?

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A Beginner’s Guide To Finding A Lawyer (If You Must)

Characters such as Lionel Hutz may be a meme at this point, but they are certainly based on reality.

To clarify, lawyers aren’t hard to find. They’re everywhere. But what does matter is finding a good quality one who will actually protect your interests, and not bankrupt you. Alternatively, if you don’t need one, then it’s nice to know before wasting huge amounts of time and money.

Note: everything presented here is just for the purpose of INFORMATION, and not advice. As always, take everything with a grain of salt and research on your own. This is just a mix of opinion, common sense, and experience thrown in.

If it’s someone close to you, there may be a high level of trust already. Still, questions should be asked ahead of time, to avoid things getting complicated.

Another disclaimer should also be included. If you have nearly unlimited amounts of money, or are covered by insurance, it may not seem to be a big deal. Still, it’s wise to put effort into what can be a major financial or life altering decision.

1. Avoid Getting Into Such Situations In The First Place

There’s the old expression that “an ounce of prevention is better than a pound of a cure”. Certainly, there’s logic to that. It’s (usually) better to avoid problems rather than have to fix them later. Ask whether or not this headache is even worthwhile.

2. Alternative Dispute Resolution Options

A problem doesn’t always have to result in going to court. Other options such as mediation (voluntary) and arbitration (binding) are now much more common. True, lawyers are often involved, but they don’t have to be.

3. Self-Representing May Be An Option

A lot has changed in recent years. In the internet era, information is more accessible than ever before. Court forms are readily available to download. Electronic filing (largely) makes physical visits unnecessary, and hearings routinely take place virtually. Search sites such as CanLII allow anyone to look up relevant and related decisions.

Although clerks are prohibited from giving advice, they’re often very helpful in ensuring that the correct paperwork is submitted. Asking is for free.

If you’re aware of a resolved case with related issues, consider ordering (purchase, if needed) some of the filings. Getting ahold of the written arguments will be helpful in understanding what points keep coming up. And if need be, perhaps they can be incorporated into your case.

Also consider if you are self-representing, while the other side is not. This means they’ll be paying lawyer fees every step of the way, racking up expenses. In the long term, it can lead to attrition.

4. Low Cost Representation (i.e. Paralegals) May Be Available

This varies by Province, but lawyers are not always the only game in town. For example, Ontario and B.C. allow paralegals to take some types of cases that used to be more restricted. They charge a fraction of the cost, and can provide the same service. For less urgent matters, it’s worth considering.

Rates vary, but it may be only 10% to 30% of what a lawyer would bill.

An astute observer will realize that everything listed so far has focused on AVOIDING the use of a lawyer. This is not accidental. Circumstances vary, of course. However, sometimes the easiest and cheapest path forward doesn’t involve them.

5. Seeking Free (Or Low Cost) Consultations

Depending on what the situation is, the lawyer may recommend, or at least suggest options #2 to #4. This can actually be a good sign. If the person talks about ways to resolve your problem quickly and cheaply, it’s a clue that they may have your best interests in mind.

With this is mind, it might be better to pay a few hundred dollars for a serious talk. Ask about this type of case, common pathways, documents filed, issues raised at trial, etc….

But if you do end up hiring a lawyer to take your case, there’s much more to do. The more you can learn about this type of law ahead of time, the less likely a prospective hire will try to screw with you.

6. Conduct Background Check On Prospective Contractor

Think for a moment that you are an employer. You’re looking to hire an employee, or perhaps an independent contractor. If the job is serious, or involves a lot of money, then it would certainly be worth the effort to screen them.

Here are a few things to consider before handing over large amounts of money:

(A) Verify who they are: This should go without saying, but make sure the people representing themselves as lawyers are in fact who they claim to be. Checking their Law Society will be helpful. There may not be a photo, but check to see that the name and contact information match up, and that the licence is active.

(B) Search for history of bad conduct: While the respective Law Societies are notoriously bad for holding lawyers accountable, it’s still worth a look. Have they ever been reprimanded or suspended? Are there any active complaints? And do an online search of their name. Have they been involved in anything shady?

(C) Credit check the prospective contractor: This doesn’t mean contacting Transunion or Equifax. In this context, look at the office. Is it extravagantly furnished, or more practical? If the office (or building) appears to be very expensive, then they may promise anything in order to secure more clients. Likewise, seeing luxury cars may be a sign or debt, or overbilling.

(D) Check their portfolio: In this context, research earlier decisions made involving this lawyer. What kind of results are they getting? While it’s true that cases are typically settled, any lawyer who’s been around for a while will have at least some kind of history on CanLII. Look into it. Also, if you know of any (related) cases they’ve been involved with, ask the court for documents, and see what they file.

(E) Reference check for prospective contractor: This can be tricky, since many people aren’t sure what to look for. Is there a trustworthy friend or family member who has used this person with good results? Has anyone been burned by them? While general reputation may matter, finding someone who has dealt with this specific person adds context.

(F) Interview the prospective contractor: That initial meeting isn’t just about whether the lawyer will take your case. It’s also about whether you believe they are suitable to work on your problem. The best way to do this is ro prepare ahead of time. Have some idea who this lawyer is, they work they do, and what kind of litigation they focus on?

Here’s something that anyone who has ever held a managerial role, and hired people, will tell you. A person may present in a very appealing way initially, in order to get hired, but then change afterwards. In other words, they were just putting on an act. Your prospective counsel may be doing the same thing.

Fees may be: (a) hourly; (b) contingency; (c) flat rate; or (d) some combination thereof. It’s always important to get it in writing. If the lawyer refuses to put it in writing, walk away immediately.

All of this may sound excessive. And for cases involving low amounts of money, or other consequences, it is. But if your case involves hundreds of thousands — or millions — then it’s worth putting the effort in to screen out potential disasters.

7. The Critical Question: “Have You Done This Before”?

This one question had interesting results on a personal level.

Lawyers will often “sell” their abilities to handle a certain area of law. They’ll tell you that the subject is very complex, and that they can help get you through. The usual pitch is that this is too much for the typical person to deal with, but without getting into specifics.

Then, ask the lawyer: “Have you ever done this before?”

This has actually led to admissions that it would be a first time. Retaining such a lawyer would amount to paying them to learn how to do such a thing. Maybe it’s preferable for some or most people. But why not save the money and teach yourself?

Now, should the lawyer say yes, it’s good to follow up with requesting if the result is available on CanLII, or some other site. If there’s hesitation or unease about this, it’s a likely sign that you’ve caught out a grifter lying about their abilities.

Here’s the TL, DR (too long, didn’t read) summary. Depending on the circumstances, it may be worthwhile to avoid lawyers altogether. Many people are capable of learning things themselves. But if you must hire one, view it the way you would hiring an employee or contractor.

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Diagolon To Be Shut Down In Latest Round Of Budget Cuts

The Canadian entrapment organization “Diagolon” is set to be closed in the most recent round of budget cuts.

Prime Minister Mark Carney announced today that many redundant and ineffective programs had to be scrapped in order to balance the budget. Over 1,000 initiatives, including honeypots and formerly covert operations, are set to be downsized, or stopped altogether. The full list should be out by tomorrow.

He thanked Officer Vriend of the Ontario Provincial Police for his years of dedicated service. The mandatory background checks of Second Sons Canada had positively identified many people who were concerned about ongoing demographic replacement. During the Road Rage Terror Tour, hundreds of licence plates had been collected, leading to new suspects, and more arrests. This resulted in people concluding the group was full of “feds”.

The Canadian Anti-Hate Network, or CAHN, expressed their concern. Layoffs are expected given an estimated 90% reduction in their available content. Being government contractors, it’s unclear what the E.I. implications will be.

Carney reminded everyone that all existing deals and plea bargains with Diagolon informants will still be honoured, but that the policy would be scrapped going forward.

When asked about support for the next iteration of Bill C-63 (the Online Harms Act), the Prime Minister responded that old Diagolon footage would likely be reused.

Social media chat monitoring shall continue. However, the staffing will be slashed and replaced by AI. Human verification of suspected wrongdoing is still needed.

The police policy of conducting a “deconfliction” with CSIS before arresting anyone within the patriot movement is expected to remain in place.

Phillip, the second-in-command of Diagolon, hasn’t been seen lately. Word is that he ran off with Rachel Gilmore, after she got him hooked on Zoloft, instead of cocaine. Those rumours haven’t been substantiated.

On a related note: there appears to have been a breakdown between a high profile couple, Captain Jeremy MacKenzie and Morgan Guptill. MacKenzie is quoted as saying that the only continuous relationship he wants is with law enforcement.

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HateGate, Part 2D: ApSimon V. Hategan Defamation Lawsuit

The “HateGate Affair” was released in September 2023. That was the conspiracy theory that the Emergencies Act was invoked because politicians and law enforcement used unreliable sources to conclude the public was in danger. Specifically, the Canadian Anti-Hate Network (or CAHN) was heavily referenced. This has been addressed here before.

However, there’s another reason to be skeptical about its accuracy.

The primary author, Elisa Hategan (or rather, Elisa Ferryman-Cohen) has an open defamation lawsuit pending. She published allegations against a former fencing coach, Paul ApSimon, some of which crossed into criminal accusations. Supposedly, these happened when she was a student at the University of Ottawa in the 1990s. Keep in mind, this lawsuit predates the publication of the “HateGate Affair”, and was accessible to anyone with an internet connection. Perhaps some due diligence was called for.

If someone is willing to fabricate such a story once, perhaps they would again.

Parts 1, 2A, 2B, 2C, 3 and 4 of the HateGate scam are available as well.

February 21, 2023, Hategan posted an article entitled: “Truth is Stronger than a Sword – What the Canadian Fencing Federation Doesn’t Want You to Know will Shock You.” Other references to the content are available as well.

The article itself is very disjointed, and not well organized. Hategan makes all sorts of allegations of psychological and emotional abuse, alcohol abuse, favouritism, and sexual involvement with students. Given that the ages are unclear, this may have been illegal. Considering all of this supposedly happened about 25 years ago, how can any of it be verified?

As “proof”, Hategan attaches screenshots of journal entries she claims to have written at the time. There doesn’t seem to be any independent evidence included.

It was not surprising in the least that it led to a defamation lawsuit. The Statement of Claim was filed in Ottawa on March 9th, 2023. It sought $200,000 in damages, and an order that the content be taken down.

Note: it appears Hategan filed most of her documents as paper copies (not electronic), so they’re not available online. However, others are.

Although the anti-SLAPP hearing should have been concluded, things ran well behind schedule. It’s currently set to resume in June of this year.

From the lawsuit:

24. While Paul had not been identified by name in the 2008 and 2012 posts on Hategan’s “Incognito Press” blog, she has identified Paul in the Article as the subject of the serious and false allegations made in those two posts.

25. Hategan’s statements contain serious false allegations against Paul, in their plain and ordinary meaning or by virtue of the surrounding circumstances, which give the words a defamatory meaning and/or innuendo, in that they falsely state and/or infer that Paul:

a. Demanded or expected sexual favours from athletes he coached;
b. Granted special advantages to athletes he coached in exchange for sexual favours;
c. Engaged in sexual behaviour with minors;
d. Provided alcohol to underage students;
e. Encouraged underage students to use and abuse alcohol;
f. Encouraged or promoted unhealthy and dangerous eating habits and/or disorders;
g. Psychologically abused athletes that he coached;
h. Was biased and/or discriminated against individuals who identify as being homosexual;
i. Was corrupt or was part of a corrupt organization;
j. Was the subject of an internal investigation;
k. Bullied athletes or others involved in the fencing community;
l. Allowed bullying of athletes by other athletes;
m. Interfered with independent investigations;
n. Engaged in or participated in a “cover-up” of the alleged inappropriate behaviour;
o. Was unethical and lacked integrity; and,
p. Exceeded or misused his authority.

Given that this happened in Ontario, Hategan filed an anti-SLAPP Motion, asking that the suit be thrown out. ApSimon responded that this was not an appropriate case for it.

That is a valid point. Ontario does have system in place to screen out frivolous suits related to expression. But when the words are clearly harmful, and not just “free speech”, Judges tend to dismiss such Motions and allow litigation to proceed. This comes across as such a case.

4. Anti-SLAPP legislation was not enacted to dismiss actions such as this, where an individual’s reputation is severely damaged without any justification. Defendants cannot make serious, baseless allegations at the expense of a person’s reputation under the guise of speaking out in the public interest. Those harmed must have the opportunity to vindicate their reputation and clear their name.

77. In this case, the serious defamatory sting, sexual abuse, and its obvious effect on Paul’s reputation is what justifies allowing the case to continue. Had Hategan’s allegations only been about Paul’s coaching style or technique, Paul concedes that his burden may not have been met. It could be argued that such harm, even if it were based on pure lies, may not be significant enough to justify allowing an action to continue under the s. 137.1 framework.

78. But the sting of the expressions is far more serious and concerns sexual abuse and manipulation, potentially against minors. It is the type of allegation that is difficult to shake off once made, no matter the overwhelming evidence to the contrary. The courts have recognized the considerable public interest in allowing individuals targeted by such allegations to defend their reputation publicly in court.

The worst of Hategan’s allegations were of the nature of sexual harassment and sexual abuse, potentially against minors. ApSimon essentially is demanding his day in Court to clear his name. Unless hard evidence is put forward, this would be hard for the Judge to refuse.

Hategan has already been found by an Ontario Court Judge to have defamed someone else, invaded her privacy, interfered with her economic relations, and appropriated her likeness. This is, of course, her frivolous lawsuit with Elizabeth Frederiksen and Bernie Farber. It was just a few years ago.

Hategan also had filed a baseless lawsuit against: (a) Ontario Educational Communications Authority (TVO); (b) The Agenda With Steve Paikin; (c) Stacey Dunseath; and (d) Eric Bombicino. That was dismissed on consent.

Additionally, she’s also made threats to sue Derek Harrison for including an entry on her in his (obviously) satire publication called “Meme Kampf”.

There’s the recent lawfare from Caryma Sa’d. There were 3 claims, not just 1.

As for the HateGate story, it’s a publication that concludes — with no real evidence — that the RCMP conspired with politicians and the media (or at least, were grossly incompetent) to declare a national emergency.

Wild idea, but maybe celebrating her “HateGate Affair” publication as some sort of vindication wasn’t the best move. But then, nobody fact checks anything anymore.

APSIMON COURT DOCUMENTS:
(1) ApSimon Statement Of Claim March 2023
(2) ApSimon Notice Of Intent To Defend May 2023
(3) ApSimon Defence To Counterclaim
(4) ApSimon Defendants Compendium September 2024
(5) ApSimon Defendants Larger Compendium September 2024
(6) ApSimon Plaintiff Responding Factum September 2024
(7) ApSimon Court Endorsement September 2024
(8) ApSimon Court Endorsement February 2025

HATEGAN STALKING CIVIL CASE (FREDERIKSEN/FARBER):
(1) https://www.canlii.org/en/on/onsc/doc/2021/2021onsc874/2021onsc874.html
(2) https://www.canlii.org/en/on/onca/doc/2022/2022onca217/2022onca217.html
(3) https://www.canlii.org/en/on/onca/doc/2022/2022onca715/2022onca715.html
(4) https://www.canlii.org/en/on/onca/doc/2023/2023onca57/2023onca57.html
(5) Hategan Farber Fresh As Amended Statement Of Claim
(6) Hategan Farber Affidavit Motion To Dismiss
(7) Hategan Farber Responding Factum

RETALIATORY LAWSUIT FROM ELIZABETH FREDERIKSEN:
(1) Hategan Lawsuit Frederiksen Dismissed For Delay

HATEGAN CIVIL CASE TVO/THE AGENDA:
(1) Hategan TVO The Agenda Statement Of Claim

HATEGAN CASH COW TWEETS:
(1) https://x.com/elisahategan/status/1898792409078939876
(2) https://x.com/elisahategan/status/1786099430367592909
(3) https://x.com/elisahategan/status/1786210135410450822
(4) https://x.com/elisahategan/status/1775117017269338296
(5) https://x.com/elisahategan/status/1734059907253522839

HATEGAN THREATENS TO SUE DEREK HARRISON:
(1) https://x.com/elisahategan/status/1758177743265517947
(2) https://x.com/elisahategan/status/1758258494740832409
(3) https://x.com/elisahategan/status/1757851798147117192

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Class Action Malpractice Lawsuit Against Rocco Galati: New Clients Being Sought

Westpoint Law Group is now accepting applications for potential new clients. This involves a (Proposed) Class Action suit filed in Edmonton, Alberta.

“Canada’s Top Constitutional Lawyer” faces a multi-million dollar malpractice lawsuit for how he has conducted anti-lockdown litigation going back to 2020. The basic allegation is that his work falls far below any level of professionalism that should be expected. Details include:

(a) Missing critical deadlines and being time barred
(b) Having cases thrown out for lack of jurisdiction
(c) Recycling pleadings in subsequent cases
(d) Drafting cases which are too convoluted to be addressed
(e) Not following basic rules of procedure
(f) Not properly advising clients of risks involved
(g) Encouraging unionized workers not to formally grieve
(h) Undisclosed conflicts of interest
(i) Seeking relief unavailable in Civil Court (i.e. criminal remedies, Nuremberg, Helsinki, International Criminal Court, crimes against humanity, etc…)
(j) Not advancing his cases in a timely manner
(k) Not seeking Injunctions that were promised
(l) Unnecessarily driving up costs
(m) Appealing decisions when amending was available

The claim contains essentially the same allegations which have been addressed on this website for several years. Nice that something is finally being done about it.

The suit names: (1) Galati personally; (2) his law firm; and (3) the Constitutional Rights Centre. The CRC is the organization which receives donation money. There are in fact 2 separate corporations sued.

There are 2 subclasses as well. The first group is for those who were represented by Galati in any of these cases. The second is for anyone who donated, thinking these claims were legitimate.

Worth noting: Kulvinder Gill and Ashvinder Lamba, both former clients of Galati’s, filed malpractice suits of $2,000,000 and $600,000 respectively. According to the Toronto Registry, both cases are still open. Since insurance money is limited, will we see Plaintiffs fighting over the same pot of money?

125(b). an accounting and disgorgement of revenue obtained by each of the Galati Defendants to draft each Pleading and to pursue each appeal;

Paragraph 125(b) of the Statement of Claim asks for “accounting and disgorgement”. What this means is that an attempt will be made to seize all money taken in for these cases.

Tamara Ugolini of Rebel News covered this as well. (See video)

Which Are The 6 Defective Cases Being Referenced?

There have been so many bogus and defective cases brought in recent years, it may be difficult to keep track of them. For reference, these are the 6 listed in the Statement of Claim.

  1. Vaccine Choice Canada: ONSC CV-20-00643451-0000 (the “2020 Ontario Action”)
  2. Sgt. Julie Evans (Police On Guard):ONSC CV-21-00661200-0000 (“2021 Ontario Action”)
  3. Dorceus: ONSC CV-22-00685694-0000 (the “2022 Ontario Action”)
  4. Katanik: ONSC CV-23-00695518-0000 (the “2023 Ontario Action”)
  5. Action4Canada: BCSC S217586 (the “BC Action”)
  6. Adelberg: Federal Court T-1089-22 (the “Federal Court Action”)

3 of them have been dropped: (a) Vaccine Choice Canada; (b) Evans; and (c) Katanik
3 have been struck at least once: (a) Dorceus; (b) Action4Canada; and (c) Adelberg

While the ones that were struck are officially still “open” cases, let’s be realistic. None of them will ever get to Trial on the merits.

Galati Called Out For REPEATEDLY Wasting Court Resources

(1) British Columbia Supreme Court (Justice Ross)
Action4Canada v British Columbia (Attorney General), 2022 BCSC 1507 (CanLII)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html

(2) British Columbia Court of Appeal (Justices Marchand, Dickson, Voith)
Action4Canada v. British Columbia (Attorney General), 2024 BCCA 59 (CanLII)
https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html

(3) Federal Court of Canada (Justice Fothergill)
Adelberg v. Canada, 2023 FC 252 (CanLII)
https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html

(4) Federal Court of Appeal (Justices Gleason, Boivin, LeBlanc)
Adelberg v. Canada, 2024 FCA 106 (CanLII)
https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html

(5) Ontario Superior Court of Justice (Justice Koehnen)
Dorceus v. Ontario et al., 2024 ONSC 7087 (CanLII)
https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html

The BCSC and BCCA rulings are the Action4Canada case.
The FC and FCA findings are Adelberg.
The ONSC decision is from Dorceus.

Of course, the comments from Justice Chalmers in the CSASPP defamation case are very telling. He was quite blunt about how he viewed the VCC and A4C pleadings.

[75] In the e-mail to Mr. Dicks, Mr. Gandhi states that lawyers who reviewed the Ontario claim, “said it was very poorly drafted” and “will most likely get struck”. I am of the view that there is justification for this comment. The Ontario pleading is prolix and argumentative. The claim advances pseudo-legal concepts and conspiracy theories that the pandemic was pre-planned and executed by the WHO, Bill Gates, the World Economic Forum and unnamed billionaires and oligarchs. The similarly drafted A4C claim was struck by Justice Ross. In doing so, he described the pleading as “bad beyond argument”.

Dorceus and the CSASPP defamation cases were appealed. Dorceus has yet to be heard, while CSASPP is currently under reserve. It seems extremely unlikely that either will be even partially overturned.

Given that many, MANY Judges have already issued scathing reviews of Galati’s work, it’s difficult to see how this can be overcome.

How Easy Would It Be To Prove The Torts Here?

This lawsuit cites a few different torts, such as breach of contract, breach of fiduciary duty, and negligence. That said, the requirements are much the same for each.

(a) Establish a contract, obligation, or duty to another person or group
(b) Prove that the contract, obligation, or duty has been breached
(c) Prove that damages have resulted from the breach

The first part of the test can be established with almost any documentation, such as a retainer agreement, or receipts showing donations.

The second part should be straightforward, given the various Court rulings cited above. Lawyers have an obligation to take on cases in a professional and diligent manner. This clearly hasn’t been happening. Plaintiffs can of course give evidence of issues not addressed elsewhere.

The third part will involve showing that any breach resulted in harm or financial loss.

When SUING Your Critics Just Isn’t Enough

Not content with simply suing (and threatening to sue) his critics, Galati has also made threats to involve the RCMP. This would be considered “swatting” by most people. The included letter is from September 2021, and addressed to the Law Society of Ontario, or LSO. While framed as “harassment”, the true purpose is to silence the very legitimate criticism of his defective cases.

And as usual, the LSO did nothing.

They don’t protect the public in any meaningful way.

COURT DOCUMENTS:
(1) Rocco Class Action Statement Of Claim February 2025

Posted on

HateGate, Part 2C: Settling The Score With The Canadian Anti-Hate Network

Again, this is not clickbait.

On July 12th, 2023, HateGate co-author Caryma Sa’d filed a $100,000 lawsuit in Federal Court. It was against the Canadian Anti-Hate Network (CAHN), and Morgan Yew, one of its reporters.

At its core, it was a defamation lawsuit, but dressed up as trademark and competition.

If this sounds familiar, it should. It’s the same stunt that co-author Elisa Hategan (or Ferryman-Cohen) had pulled with Bernie Farber and Elizabeth Frederiksen (formerly Moore). And likewise, Sa’d saw her case thrown out by the Judge.

The case was struck on September 25th, 2023, for failing to state a Cause of Action, or to sue over anything the Court could realistically grant. Coincidently, that’s when the “HateGate Affair” was released.

Parts 1, 2A, 2B, 3 and 4 of the HateGate scam are available as well.

Why do these author lawsuits matter? It’s because they show — at a minimum — that there’s an axe to grind against Bernie Farber and CAHN. It’s difficult to view the authors as being at all unbiased when they’ve filed lawsuits about the very people they’re “doing research on”.

As an aside, Sa’d was represented by Frederick Wu. This is also Jeremy MacKenzie’s lawyer in his October 2023 defamation suit with Ezra Levant and Rebel Media. Considering that he filed this case in the wrong Court, it’s understandable why he’d have trouble with the later one. Wu seems to be an incompetent lawyer.

Defamation Rebranded As Trademarks/Competition Act Violations

The Statement of Claim reads largely as a defamation suit, which should properly be brought in Provincial Court. Instead, it was filed in Federal Court. Allegations which may be viewed as harassment should probably have been filed Provincially as well. According to the ruling:

[7] The principal allegations in the Statement of Claim surround an event that Ms. Sa’d intended to host on July 10, 2021, in Toronto’s Chinatown district, described as a comedy night at which Ms. Sa’d would interview and roast an individual she describes as a right-wing personality. In the days leading to the event, CAHN expressed concern about the event. While both parties opposed the views of this individual, they did not agree on whether the event would be effective in countering those views or rather would serve to promote them.

[10] Ms. Sa’d pleads that, following correspondence between them, CAHN agreed to minor revisions to a handful of passages in its article. However, she alleges that, while the revised article correlated more closely with some facts, the revisions did not materially change the misleading character of the article. She alleges that, in publishing the updated article, CAHN refused to expressly specify which revisions had been made.

[11] The Statement of Claim further pleads that, from time to time, CAHN publishes materials encouraging counter-protestors to attend events and obstruct what it describes as “fake journalists”. Ms. Sa’d alleges that she has been subjected to: (a) in-person harassment at rallies by counter-protesters employing such tactics; and (b) online sexism and racism, including by online personalities she names as John and Jane Doe.

[12] Based on these allegations, Ms. Sa’d invokes subsections 7(a) and (d) of the Trademarks Act, RSC 1985, c T-13 [TMA], and sections 36 and 52 of the Competition Act, RSC 1985, c C-34 [CA], and claims against the Defendants declaratory relief, injunctive relief, general damages of $50,000, aggravated and exemplary damages of $50,000, and costs. Details of these statutory provisions will be canvassed later in these Reasons. Ms. Sa’d filed her action as a simplified action under Rules 292 to 299.

Interestingly, this case is packaged as alleged violations of the Trademarks Act, and the Competition Act. There are a few possibilities why this was done:

(a) If filed in Ontario Superior Court, it’s very likely that an anti-SLAPP Motion would have been brought, and it would shut down the case.
(b) Successful anti-SLAPP Motions typically result in “full indemnity”, or 100% cost awards to Defendants. By contrast, Federal Court has much lower cost scales, and thus, is much less risky.
(c) Defamation lawsuits are typically restricted by a very short Statute of Limitations. Failure to follow may result in the case automatically being lost.

Filing in Federal Court may have ultimately have been a wise move (if she was going to sue at all), as it only led to $850 in costs.

CAHN Brings Motion To Strike Lawsuit

Unsurprisingly, CAHN brought a Motion to Strike the Statement of Claim. Several grounds were cited, but the overall theme was that the case was an abuse of the legal system.

The Notice of Motion accuses Sa’d of using litigation to silence CAHN from speaking on important topics. This strengthens the suspicion that it was filed here and not the Ontario Courts in order to avoid an anti-SLAPP Motion. It’s implied that they would have, it given the chance.

In their Affidavit, it was pointed out that this wasn’t the only such lawsuit that Sa’d had filed.

***Since then, the other 2 cases from Sa’d have been voluntarily discontinued. The case with the Broadbent Institute was dropped on February 13th, 2025. She dropped the suit against Canada Proud on January 28th. That appears to be the end of it.

The Responding Motion Record accused CAHN of bringing the Motion as it was “low risk, high reward”. This is rather ironic, considering that the case was improperly filed in Federal Court to avoid the much more expensive Ontario anti-SLAPP laws.

Sa’d also requested — as an alternative — that the Court give permission to allow the Claim to be amended, or to provide particulars (specifics). Ultimately though, the suit was thrown out completely.

While the general tone of this lawsuit seems more tepid than any of Hategan’s, it’s just as frivolous. Both HateGate authors have filed baseless suits against people they viewed as having wronged them. It doesn’t exactly scream “objective” in their later work.

COURT DOCUMENTS:
(1) Sad T-1452-23 Statement Of Claim
(2) Sad T-1452-23 Notice Of Motion To Strike
(3) Sad T-1452-23 Ettienne Affidavit
(4) Sad T-1452-23 Motion Record To Strike
(5) Sad T-1452-23 Plaintiff Responding Motion Record To Strike
(6) https://www.canlii.org/en/ca/fct/doc/2023/2023fc1286/2023fc1286.html

HATEGATE FOIPOP PACKAGE (FULL RELEASE):
(0) Previously Published Documents
(1) A-2022-06987 Release Package Part 1
(2) A-2022-06987 Release Package Part 2
(3) A-2022-06987 Release Package Part 3
(4) A-2022-06987 Release Package Part 4
(5) A-2022-06987 Release Package Part 5
(6) A-2022-06987 Release package Part 6
(7) A-2022-06987 Release Package Part 7
(8) A-2022-06987 Release Package Part 8
(9) A-2022-06987 Release Package Part 9
(10) A-2022-06987 Release Package Part 10
(11) A-2022-06987 Release Package Part 11
(12) A-2022-06987 Release Package Part 12
(13) A-2022-06987 Release Package Part 13
(14) A-2022-06987 Release package Part 14
(15) A-2022-06987 Release Package Part 15
(16) A-2022-06987 Release Package Part 16
(17) A-2022-06987 Release Package Part 17
(18) A-2022-06987 Release Package Part 18
(19) A-2022-06987 Release Package Part 19
(20) A-2022-06987 Release Package Part 20
(21) A-2022-06987 Release package Part 21