Author: Ronnie

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Crown Appeals Payne: Class Action Under s.2(d), Which Survived Motion To Strike

No one should be surprised that a decision from earlier this month is being appealed. This is the ruling from Justice Southcott, which (mostly) dismissed a Motion to Strike. See the earlier piece for more background information.

This is one of the Proposed Class Actions from Umar Sheikh and Angela Wood. The main thrust is that unilaterally imposing the “vaccine pass” on workers — even if unionized — amounts to imposing a new term or condition of employment without the opportunity for “meaningful consultation”. In short, it does an end run around any sort of collective bargaining agreement. As such, it violates people’s Section 2(d) Charter Rights of freedom of association.

How this Appeal ends will have significant impact on their other cases, including BCPSEF and FreeToFly. Those are based on substantially the same arguments.

As an aside, counsel for the Qualizza Plaintiff/Appellants has gotten wind of this. That was the clown show of a suit involving 330 current and former military personnel. That Notice of Appeal references the Payne case.

Government Says Case Should Have Been Struck Anyway

In their Notice of Appeal, counsel claims that the case should have been thrown out, as have so many others, under Sections 208 and 236 of the FPSLRA, or Federal Public Sector Labour Relations Act. For reference, s.208 states that all Federal workers have the right to grieve, while s.236 denies the right to sue in Court.

4. The Motion Judge erred in law in taking jurisdiction over this matter and not striking the action in accordance with s. 236 of the Federal Public Sector Labour Relations Act

However, the Plaintiffs had successfully convinced Justice Southcott that s.236 didn’t completely bar all claims for everyone, despite the case history.

(a) misunderstanding and misapplying Federal Court of Appeal jurisprudence, such as Adelberg v Canada, 2024 FCA 106, which determined that the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police, (COVID-19 policy) was an employment policy related to terms and conditions of employment and emphasized that it matters not the way the claim is characterized, whether as a Charter breach or tort;

The Attorney General references Adelberg, which was: (a) struck for Federal workers; (b) allowed with respect to travel claims; and (c) ultimately denied Leave by the Supreme Court. This was Galati’s infamous “bad beyond argument” Federal case. But as bad as it was, the FPSLRA didn’t completely shut the door on some claims, a point made at the Payne hearing.

One interesting part of the Notice is paragraph 7.

7. The Motion Judge erred in finding that the Statement of Claim disclosed a reasonable cause of action in tort for casual workers, students and RCMP members as there were no representative plaintiffs for any of these categories, nor had material facts necessary been pled and was based on a misapplication of the Federal Court of Appeal decision in McMillan v Canada, 2024 FCA 199.

Justice Southcott struck the malfeasance of public office tort. This was on the basis that it was covered by s.236 FPSLRA, and could have been potentially grieved, at least with regard to the 3 Representative Plaintiffs. The possibility was left open to find new Plaintiffs that it wouldn’t apply to.

On that note, the Attorney General argues that there shouldn’t be an opportunity to amend, given that none of the current Plaintiffs qualify, and no facts are included. The Court can respond to that in several ways.

The Respondents have served their Notice of Appearance.

Brief Timeline Of Major Events In Case

October 6th, 2023: Statement of Claim is filed on behalf of 3 Representative Plaintiffs.

November 9th, 2023: Government responds with their Notice of Intent.

May 31st, 2024: Government sends notice that it intends to bring Motion to have the case struck (thrown out) in its entirety.

June 6th, 2024: Prothonotary Ring gives directions that there be case management.

June 10th, 2024: Chief Justice Crampton directs (a) Justice Southcott and (b) Prothonotary Ring to be assigned manage the proceeding.

July 1st, 2024: Prothonotary Ring issues schedule for documents to be served for Motion to Strike.

August 19th, 2024: Government brings its Motion to Strike.

October 1st, 2024: Plaintiffs file responding arguments as to why case shouldn’t be struck.

December 13th, 2024: Motion to Strike is argued before Justice Southcott.

January 1st, 2025: Justice Southcott partially grants the Motion to Strike. The tort of Malfeasance of Public Office is struck, but with Leave if eligible Plaintiffs are identified. The Section 2(d) claims are allowed to proceed.

January 13th, 2025: Government files Notice of Appeal.

January 20th, 2025: Plaintiffs (Respondents) file Notice of Appearance.

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

The Appeal should be heard later this year.

Should s.2(d) be upheld as a way around grievance requirements, this will have enormous influence on injection pass cases, at least at the Federal level. This is why they want Justice Southcott’s decision overturned. Of course, the Statutes of Limitation will make it hard to bring any new cases.

PAYNE APPEAL DOCUMENTS:
(1) Payne Notice Of Appeal January 2025
(2) Payne Notice Of Appearance January 2025

PAYNE FEDERAL COURT DOCUMENTS:
(1) Payne Statement Of Claim October 2023
(2) Payne Notice Of Intent To Defend November 2023
(3) Payne Letter Intent To Strike May 2024
(4) Payne Defendant Motion Record To Strike August 2024
(5) Payne Plaintiff Responding Motion Record October 2024
(6) https://www.canlii.org/en/ca/fct/doc/2025/2025fc5/2025fc5.pdf
(7) https://www.canlii.org/en/ca/fct/doc/2025/2025fc5/2025fc5.html

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“Bad Beyond Argument” Dorceus Ruling Appealed, Galati Undeterred By $190,000 Cost Order

It should be obvious by now that this is just an abuse of the Court system.

Back in December, a Toronto lawsuit involving nearly 500 health care workers across Ontario was struck by a Superior Court Judge. The Statement of Claim was extremely poorly written, and didn’t plead any of the necessary facts for any Plaintiff, or any Charter breach. It did, however, go off on many unrelated tangents. This trainwreck came from “Mr. Bad Beyond Argument” himself, Rocco Galati.

Instead of the 473 Plaintiffs outlining their cases and circumstances, the Defendants had to do it. They ended up introducing a 13,000 page, 23 volume Motion Record with their employment documents. That’s right, the Defendants had to provide the background information on the Parties.

The Claim was also littered with subjects that a Civil Court had no ability to hear.

It included:

  • Allegations of criminal conduct
  • Allegations of crimes against humanity
  • Allegations of eugenics (which would be criminal)
  • Allegations of violations of Nuremberg Code
  • Allegations of violations of the Helsinki Declaration

Rather than simply pleading facts, the Statement of Claim tried arguing expert evidence, and caselaw, neither of which is appropriate at this stage. The purpose is to lay out the “who, what, where, when, how” of events, not make legal submissions. A competent lawyer would know this, but then, Galati isn’t a competent lawyer.

Beyond that, there was the issue of jurisdiction. The vast majority of Plaintiffs were unionized, and subject to various collective bargaining agreements. This wasn’t something that could be fixed simply by advancing a better quality pleading, unless brand new arguments were made, such as here.

See parts 1, 2 and 3 for background information.

As an aside, the CSASPP defamation suit had gotten a mention in the Motion hearing, and Justice Chalmers’ comments about the Vaccine Choice Canada and Action4Canada cases were referenced. That Appeal should be interesting.

Justice Koehnen further ordered $190,000 in costs against the Plaintiffs, which worked out to less than $500 per Plaintiff. He ended up chewing out the Galati for “recycling” his old pleadings. Unfortunately, it’s still the clients who are stuck with the Bill. No matter how often lawyers act in frivolous and vexatious ways, they typically aren’t personally held responsible.

[53] I have the distinct impression from reading the Amended Claim as a whole that its object is not to vindicate the employment rights of the plaintiffs so much as it is to mount a political crusade in which the court will be used as a grandstand to conduct an inquiry into the effectiveness of vaccines and the effectiveness of government measures in response to the Covid-19 pandemic by opponents of those measures.

[154] …. If this was not clear from the outset, it should have become clear by the time the British Columbia Supreme Court, the British Columbia Court of Appeal, the Federal Court, and the Federal Court of Appeal struck out similarly drafted statements of claim prepared by the same lawyer. While the interests of a free and democratic society may warrant leeway with respect to the pursuit of unconventional claims at the outset, when such claims continue to be pursued after being struck out by four courts, they amount to an abuse of public resources.

[157] …. Plaintiffs’ counsel is a sole practitioner with a different cost structure than that of counsel for the Non-Governmental Defendants and that this is the fifth time that Plaintiffs’ counsel has litigated a motion to strike with respect to a claim of this nature. I expect having done this four times before, that there were significant cost efficiencies for Plaintiffs’ counsel, especially with respect to the factum.

-Justice Koehnen, Ontario Superior Court Judge

In an unsurprising twist, the ruling has been appealed. The Notice itself is nothing new, and appears to be cut-and-pasted from other (failed) Appeals.

The Notice takes issue with the fact that the Judge found that the Court had no jurisdiction over the bulk of the Plaintiffs, even the arbitration requirement. However, Rule 21.01 (1) and (3) of Civil Procedure make it clear that it’s grounds for bringing a challenge.

The Notice takes issue with the Court not taking “facts pleaded as true”. However, counsel doesn’t know how to draft a Statement of Claim, nor does he know what’s supposed to be in one. Rehashing failed conspiracy theories hasn’t sat too well either.

The Notice takes issue with the $190,000 in costs awarded. However, costs are a discretionary matter, and almost impossible to overturn. And again, it involved 473 Plaintiffs, from all over the Province.

It’s unclear if the $190,000 in costs has actually been paid. If not, the Defendants can always seek an Order for Security for Costs prior to the hearing. Should it be granted, it would force Plaintiffs/Appellants to pay up ahead of time.

Plaintiffs To Be Shaken Down For More Money?

Now, if Adelberg (over 600 Plaintiffs) is any indication, a retainer of more than $600,000 isn’t enough. Another $600,000 was sought to appeal that “bad beyond argument” decision. That’s over $1.2 million for a lawsuit that never proceeded past the Statement of Claim. One has to assume that the Dorceus Plaintiffs are also being asked to pay more.

Similarly, although Katanik (100 Plaintiffs) was ultimately dropped, the $150,000 retainer wasn’t enough, and another $450,000 was demanded.

Action4Canada and Vaccine Choice Canada routinely hit up donors for more money.

With this in mind, it’s fair to assume that the Dorceus Plaintiffs/Appellants are also being asked to pay more. And again, when their Appeal crashes, it’s not counsel who has to pay costs.

DORCEUS DOCUMENTS:
(1) Grifters Main Page
(2) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(3) https://www.ontario.ca/page/search-court-cases-online
(4) Dorceus Statement Of Claim
(5) Dorceus Amended Statement Of Claim
(6) Dorceus Defendant Moving Party Factum SJM Government
(7) Dorceus Defendant Moving Party Factum SJM Hospitals
(8) Dorceus Plaintiff Responding Factum SJM
(9) Dorceus Notice Of Appeal
(10) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html

PREVIOUS DECISIONS:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html
(3) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(4) https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html

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EA Lawsuit: Incompetently Pleaded Claim Costs Plaintiffs Nearly $150,000 So Far

A few months ago, we looked at the Cornell decision, which resulted in CAHN (the Canadian Anti-Hate Network) and Bernie Farber being removed from 2 different lawsuits. Now, the other shoe has dropped, and Plaintiffs are required to pay out nearly $50,000 in Court fees.

This is, of course, the high profile lawsuit pushing back against the freezing of bank accounts and the invocation of the Emergencies Act in February, 2022.

Due to the gross incompetence of the Plaintiffs’ lawyers, the Statement of Claim made allegations of defamation — but without specifying the defamatory content. Quite predictably, this led to Farber and CAHN bringing forward an anti-SLAPP Motion. Since such Motions stay or “freeze” the proceedings, there’s no opportunity to amend the pleadings, and correct any deficiencies.

And to be clear, it is the incompetence of counsel that led to this.

Loberg Ector LLP does commercial litigation — just very poorly it seems.

Interestingly, counsel for Farber and CAHN cited just $50,000 in costs to bring the anti-SLAPP Motion, while the Plaintiffs’ lawyers billed nearly double that amount.

One has to love the law. Where else can “professionals” mess up big time, and then bill clients extra to fix their own mistakes?

A Look Into the Decision On Costs

[2] The CAHN defendants request costs of the action and the motion in the amount of $49,319.13 on a full indemnity basis.

[3] The plaintiffs submit that an award of full indemnity costs is not appropriate in the circumstances and that the costs requested are neither fair nor reasonable. The plaintiffs submit that a costs award of $10,000 would fall within a “fair range.”[1] The plaintiffs’ bill of costs reflects full indemnity fees and disbursements in the amount of $95,881.29.

[4] For the following reasons, I conclude that the CAHN defendants are entitled to their costs on a full indemnity basis in the amount of $49,319.13, all-inclusive.

[11] The plaintiffs claimed a total of $44,000,000, on a joint and several basis, against the defendants, including the CAHN defendants. This litigation is, in a word, “massive.” In addition to the CAHN defendants, the named defendants include government actors, government agencies, police defendants, and various financial institutions. The motion addressed important issues. In addition to the complexity inherent in a motion brought under s. 137.1 of the CJA, the plaintiffs sought to “look past” the statement of claim to allegations set out in the affidavit of Mr. Gircys. Out of an abundance of caution, the CAHN defendants addressed those allegations in their factum. The plaintiffs cross-examined Mr. Farber and Mr. Warman on their affidavits. While the plaintiffs were entitled to do so, the CAHN defendants incurred costs as a result.

[12] The CAHN defendants offered to settle the motion on June 11, 2024, by requesting the payment of $10,000 (the costs of preparing the notice of motion and affidavits) and the dismissal of the action against them. Although the offer is not r. 49 compliant, it is an additional factor that I have considered in assessing whether the costs requested are fair and reasonable. The plaintiffs’ offer to settle (which involved the dismissal of certain aspects of the claim against the CAHN defendants but which provided that the claim in civil conspiracy would survive and that no costs would be paid by the plaintiffs) does not impact my analysis of the costs to be awarded to the CAHN defendants.

[13] The plaintiffs do not take issue with the hourly rates of legal counsel for the CAHN defendants. I find the hourly rates are reasonable, having regard to their years of experience. The plaintiffs submit that it is difficult to assess the reasonableness of the fees of the CAHN defendants because the bill of costs refers to 137.5 cumulative hours spent by two lawyers, one law clerk, and one articling student. While it would have been preferable for the CAHN defendants’ bill of costs to reflect the division of work undertaken, I note that the plaintiffs’ bill of costs adopts the same “cumulative” approach. In any event, the costs incurred by the CAHN defendants would have been well within the reasonable expectation of the plaintiffs, having regard to their own costs of the motion in the amount of $95,881.29.

Plaintiffs’ counsel wasted $96,000 defending (unsuccessfully) against an anti-SLAPP Motion. The Motion is a direct result of their own failure to properly draft the Statement of Claim. Other fees amounted to another $50,000. Keep in mind, this presumably is in addition to other costs expected to pile up.

And that leads to the next problem: the Plaintiffs are now broke

Take Action Canada Soliciting More Donations For Fees

Recently, the advocacy group, Take Action Canada, posted a public call for donations to continue the lawsuit. They also mass emailed, offering to give interviews.

Justice Mosley’s findings have cleared the path to a floodgate of legal actions against those who wish to trample on our Canadian rights & freedoms.

A group of very brave Canadians, without hesitation, have picked up the gauntlet on behalf of ALL Canadians to ensure that those responsible are held to the highest standards.

The legal team at Loberg Ector LLP has played a significant role in the Superior Court review by Justice Mosley’s determination that the invocation of the Emergency Measures Act was unlawful.

Following the review, the legal team analyzed numerous documents and interviewed numerous witnesses in the determination of a remedial process before assembling a Statement of Claim and Notice of Action.

On February 14, 2024 they proceeded with a claim for 20 Plaintiffs against a number of involved defendants including the Prime Minister of Canada, and various cabinet ministers, police officers, banks and others deemed to be involved in the freezing of Canadians’ bank accounts.

All defendants have been served notice. The legal team is awaiting responses from the Defendants before proceeding with the next phase of this process.

To date the plaintiffs have covered the legal costs of holding the Federal government et al to account.

As this was brought to our attention, we at Take Action Canada are taking action.

The plaintiffs are risking much for all of us and in turn our national support will send the strongest message.

The Canadian Trucker Convoy inspired the world and ignited a global wave carrying the message that we will never give up or give in. The time is now for us to grab the gauntlet and use the power of this decision to hold people and the government accountable.

But here’s where the other shoe drops. It’s stated that: “To date the plaintiffs have covered the legal costs of holding the Federal government et al to account.” One has to wonder if the sudden $150,000 in legal costs has depleted all of the retainer funds.

Take Action Canada posted a redacted verion (see archive) of the Notice of Action in order to attract interest. What has been redacted? Any mention of Bernie Farber or CAHN as Defendants. One has to suspect that no one would donate if the full truth of Loberg Ector LLP’s screw up was published.

Quite simply: Take Action Canada posted a “scrubbed” version that conceals the fact that Farber and CAHN were initially sued as well. There’s also no mention anywhere about the $150,000 in costs that resulted from the anti-SLAPP Motion.

When contacted about this, the group claimed not to be in the loop with how the litigation was proceeding. More importantly, they seemed uninterested.

Did they learn nothing from the Katanik disaster?

So, What’s Happening Now With The Case?

At this point, no Statements of Defence have yet been filed by anyone. However: (a) Ottawa Police; (b) Assiniboine Credit Union; (c) Canadian Tire Bank; and (d) Meridian Credit Union have all indicated that they intend to.

The Plaintiffs — as of now — haven’t yet filed an amended Claim.

Of course, the remainder of the lawsuit is so poorly drafted that Motions to Strike are likely coming anyway. All sorts of conspiracies are alleged, without pleading the necessary detail.

Anyhow, remember to donate!

(1) https://lobergector.com/
(2) https://lobergector.com/emergencies-act
(3) https://lobergector.com/contact-us
(4) Cornell Notice Of Action
(5) Cornell Statement Of Claim
(6) Cornell Farber CAHN Notice Of Motion Anti-SLAPP
(7) Cornell Farber CAHN Motion Record Anti-SLAPP
(8) Cornell Richard Warman Affidavit Anti-SLAPP
(10) Cornell Vincent Gircys Affidavit Anti-SLAPP
(11) Cornell Factum Of Farber CAHN Anti-SLAPP
(12) Cornell Defendant Cost Submissions Anti-SLAPP
(13) Cornell Plaintiff Cost Submissions Anti-SLAPP
(14) Cornell Notice Of Intent To Defend Ottawa Police Services
(15) Cornell Notice Of Intent To Defend Assiniboine Credit Union
(16) Cornell Notice Of Intent To Defend Canadian Tire Bank
(17) Cornell Notice Of Intent To Defend Meridian Credit Union
(18) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc5343/2024onsc5343.html
(19) https://www.canlii.org/en/on/onsc/doc/2025/2025onsc543/2025onsc543.html
(20) https://www.antihate.ca/freedom_convoy_conspiracy_theory_kicked_out_of_court
(21) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/rso-1990-c-c43.html#sec137.1_smooth

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Review Of Winnipeg Class Action Lawsuit (Injection Mandates), Discontinued In May 2023

Back in December 2022, a Proposed Class Action was filed in Winnipeg against several Municipal and Provincial Defendants. This was to challenge the so-called “vaccine passport” system that was in place at the time.

These included:

  • The Government of Manitoba
  • Brent Roussin (Chief Medical Officer of Health)
  • The City of Winnipeg
  • City of Winnipeg Police Services

The Representative Plaintiff, Courtney Peters, was a civilian working as a Communications Operator with the Winnipeg Police. He had been there for 8 years at that point.

In an unsurprising move, both Manitoba and Winnipeg brought Motions to Strike the Claim. Aside from the significant pleading deficiencies, they stated that the Court had no jurisdiction, due to the collective bargaining system that was in place.

Rather than attempt to fight on for his clients, counsel discontinued the case.

Yet Another Case Discontinued By Leighton Grey

Just 6 months after it was filed, this Manitoba (Proposed) Class Action was dropped. It didn’t even get as far as having the Motion to Strike heard.

(a) Canada Post: struck in March 2024
(b) Canadian National Railway: discontinued in June 2023
(c) Purolator, discontinued in April 2023
(d) Westjet, discontinued in April 2023

Of course, there’s also this Proposed Class Action in Federal Court, with Chief Gregory Burke. Nearly 18 months after the suit was initiated, there’s been no progress beyond amending the Statement of Claim. No Motions. No Defences filed. No Certification started.

This has become a significant problem in recent years. Members of the public cheer as it *appears* someone is fighting for their rights, and they often donate. But then, those cases quietly disappear, and are never heard about again.

Timeline Of Major Events In Case

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.

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.

(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) https://web43.gov.mb.ca/Registry/NameSearch

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Just A Coincidence? Ferryman’s Toll & Elisa Ferryman-Cohen?

Is this where “The Ferryman’s Toll” really comes from?

Earlier this year, this site covered the Cornell lawsuit, filed in Ottawa. This was to be the big case against the Government and the banks, for how they acted under the guise of a national emergency. Supposedly, this was the comedy of errors that led Ottawa and law enforcement to panic based on publications from online trolls.

But alas, the hype was overblown. Bernie Farber and the Canadian Anti-Hate Network (CAHN) were able to remove themselves from the proceedings by filing an anti-SLAPP Motion. It worked, and they’re off the hook. Plaintiffs tried to litigate the #HateGate scandal, based on the work of Caryma Sa’d and Elisa Hategan. In doing so, the Plaintiffs’ incompetent lawyers screwed up the case by not properly pleading defamation allegations.

CAHN’s lawyers apparently conducted the entire anti-SLAPP Motion for under $50,000, which is far cheaper than what normally happens in Ontario. The Plaintiffs still thought that was too high.

As for Hategan’s background:

  • She co-authored the “HateGate” report with Caryma Sa’d.
  • She was involved with a “hate” group called Heritage Front in the 1990’s.
  • She became an informant for the Ontario Provincial Police (O.P.P.).
  • She helped gather evidence and intelligence for the police.
  • She helped take down many “racists” connected to Heritage Front.
  • She went on to do many talks about the dangers and harms of racism
  • And, Heritage Front turned out to be co-founded by Grant Bristow, a CSIS agent.

None of the above claims are disputed by Hategan. She has spoken and written about her experiences with the group many times over the years.

As an aside, both Hategan and Sa’d (unsuccessfully) sued Bernie Farber recently.

Hategan v. Farber, 2021 ONSC 874 (CanLII)
Hategan v. Frederiksen, 2022 ONCA 217 (CanLII)
Hategan v. Frederiksen, 2022 ONCA 715 (CanLII)
Hategan v. Frederiksen, 2023 ONCA 57 (CanLII)
Sa’d v. Yew, 2023 FC 1286 (CanLII)

Parts 1, 2, 3, and 4 of the HateGate scam are available here.

There’s been speculation that Diagolon turned out to be the next iteration of Heritage Front. This is the group run by Jeremy “Raging Dissident” MacKenzie, Derek “Rants” Harrison, and Alex “Ferryman’s Toll” Vriend. And there is a lot of overlap between the two.

But in following up on the Ottawa lawsuit, this gem emerged:

Farber, CAHN Claim Hategan Is Really Elisa Ferryman-Cohen

34. Several other portions of the affidavit contain inadmissible hearsay. Most noteworthy, Mr. Gircys relies heavily on the so-called conclusions of an online post entitled the “HateGate Affair”. It is significant that the authors of that self-published website post, Caryma Sa’d and ‘Elisa Hategan’ (real name Elisa FERRYMAN-COHEN), have previously sued CAHN and Mr. Farber. Ms. Sa’d’s claim against CAHN in Federal Court was dismissed without leave to amend as having no factual or legal basis, and therefore no reasonable prospect of success. Ms. Hategan’s claim against Mr. Farber in this Court was dismissed as frivolous and vexatious and “a waste of the time and resources of the courts.” These are but further angles of the same baseless conspiracy theories levelled at CAHN in this litigation, demonstrating it is a SLAPP.

This is from paragraph 34 of the Defendants’/Moving Parties’ Factum or arguments. Farber and CAHN argued that the lawsuit — as far as they were concerned — was politically motivated.

Vincent Gircys, one of the Plaintiffs, filed an Affidavit in an attempt to ward of the anti-SLAPP Motion brought by Farber and CAHN. He attaches the report from Sa’d and Hategan as an exhibit.

The report is dismissed as “inadmissible hearsay” by Farber’s and CAHN’s lawyers. No surprise there. But what is very interesting is that they claim that Hategan isn’t even a real name. Supposedly, she is really Elisa Ferryman-Cohen.

Note: After looking into it more, and with some help, it appears that it was legally changed years ago. She still goes by Hategan though, at least publicly.

It raises the question how Hategan (or whoever) would be able to sue in Court under a very old name. Was CAHN not aware of it at the time?

Where Did “The Ferryman’s Toll” Really Come From?

We know that Elisa Hategan (or Ferryman-Cohen) worked as a police informant to take down Heritage Front. This was a CSIS operation designed to root out “racists” and “white nationalists”. This has been long established.

Alex Vriend is now a leading figure in “Diagolon” which comes across as little more than a honeypot. Currently, they’re asking for background checks… which would presumably tip off law enforcement about who’s applying. And of all the nicknames he could choose for himself…. he goes with Ferryman.

Why would he name himself after a former police informant from a generation ago?

Keep in mind, that same informant wrote a paper “exonerating” the group recently.

Moreover, this revelation about ‘Hategan’ was completely new. There’s nothing online, her book, or her biography that suggests what CAHN and Farber claim. She admits changing “Elisse” to “Elisa”, but that’s it. No other last name(s) are mentioned. Perhaps it’s a way to separate work life and private life.

Is this all just a bizarre coincidence? Or is the “next Ferryman” about to subvert and destroy nationalism in Canada?

FARBER/CAHN/GIRCYS/CORNELL LAWSUIT
(1) https://lobergector.com/
(2) https://lobergector.com/emergencies-act
(3) https://lobergector.com/contact-us
(4) Cornell Notice Of Action
(5) Cornell Statement Of Claim
(6) Cornell Farber CAHN Notice Of Motion Anti-SLAPP
(7) Cornell Farber CAHN Motion Record Anti-SLAPP
(8) Cornell Richard Warman Affidavit Anti-SLAPP
(10) Cornell Vincent Gircys Affidavit Anti-SLAPP
(11) Cornell HateGatePaper Filed As Exhibit
(12) Cornell Factum Of Farber CAHN Anti-SLAPP
(13) Cornell Defendant Cost Submissions Anti-SLAPP
(14) Cornell Plaintiff Cost Submissions Anti-SLAPP
(15) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc5343/2024onsc5343.html
(16) https://www.antihate.ca/freedom_convoy_conspiracy_theory_kicked_out_of_court
(17) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/rso-1990-c-c43.html#sec137.1_smooth

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Court Refuses Extension Of Time To Appeal Military Injection Pass Ruling

The Federal Court of Canada refused a request to extend time to challenge a November decision. Because of Justice Manson’s ruling, this means that approximately 330 current and former military personnel most likely won’t get a hearing to determine whether their case was prematurely struck.

They’re also on the hook for another $1,080 in costs.

From earlier: The case was thrown out for a variety of reasons, including the poor quality of the pleadings themselves, and the lack of facts included. There was also the concern that the Court had no jurisdiction, given Section 29 of the National Defence Act, which mandates a grievance scheme. Their lawyer, Catherine Christensen, had received a similar ruling in late 2021.

From earlier: The Plaintiffs missed their deadline to appeal. Because of the nature of the Appeal, there was a 10 day time limit, not 30. Since it was an Associate Judge (and not a Judge) who struck the case, the Federal Rules require a Motion be filed to review. Christensen did eventually file a Motion requesting an extension of time, but it had all kinds of problems with it.

APPEAL RULING FROM PROTHONOTARY JUDGE
Appeal Goes Where Federal Court Federal Court Of Appeal
Appeal Ruling To Single Judge (FC) Panel of Justices (FCA)
Rules of Procedure Rule 51 Rules 335 to 357
Time Limit For Notice 10 Days 30 Days
Initial Document Notice Of Motion Notice Of Appeal
Procedure Motion Appeal
New Evidence Allowed? No With Leave, Rule 351

Note: Prothonotary and Associate Judge are the same thing.

The original ruling came out on November 13th, 2024. Christensen filed a Motion requesting an extension of time on December 11th, some 29 days later. One has to wonder if she thought she had 30 days to appeal, and simply messed it up. The responding submissions outlined a comical array of errors.

While extensions of time do happen regularly in Court proceedings, this request was so poorly and incoherently done, it was outright refused. Christensen also never explained how such an Appeal would succeed even if the extension of time were granted. The ruling was pretty harsh.

Since the Court has refused an extension of time, this is most likely the end of the road, unless this is successfully challenged at the Federal Court of Appeal.

And if the Plaintiffs want to take this route, perhaps they should get a better lawyer.

COURT DOCUMENTS:
(1) Qualizza Statement Of Claim June 2023
(2) Qualizza Amended Statement Of Claim July 2023
(3) Qualizza Statement Of Defence September 2023
(4) Qualizza Reply To Statement Of Defence September 2023
(5) Qualizza Defendants Motion To Dismiss Claim July 2024
(6) Qualizza Plaintiffs Motion To Extend Time To Appeal December 2024
(7) Qualizza Defendants Respond To Motion To Extend Time To Appeal December 2024
(8) Qualizza Order Denying Extension Of Time January 2025

OTHER:
(1) https://www.laws-lois.justice.gc.ca/eng/acts/n-5/
(2) https://www.laws-lois.justice.gc.ca/eng/acts/n-5/page-3.html#h-374837
(3) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(4) https://www.canlii.org/en/ca/fct/doc/2021/2021fc1443/2021fc1443.html
(5) https://www.canlii.org/en/ca/fct/doc/2024/2024fc1801/2024fc1801.html
(6) https://nationalpost.com/news/canada/hundreds-of-military-part-of-lawsuit-over-mandatory-covid-vaccine
(7) https://valourlegalactioncentre.org/
(8) https://www.youtube.com/watch?v=hifDPBW4r0w