Ronnie, Author at Canuck Law

September 28, 2022September 28, 2022

University Of Western Ontario’s Vaccine Passport System Upheld

An Ontario Superior Court recently ruled that the University of Western Ontario has the right to implement its “vaccine passport” system, and to collect such information. The Judge (to summarize) said that it’s not coercion, but just a choice that people make.

[69] In seeking to justify their request for a permanent injunction, the applicants emphasize what they characterize as the “coercive” nature of the Policy in forcing disclosure of their otherwise private health information. They raise concerns about the danger of losing their academic year if they do not provide their private information by way of proof of vaccination. They raise additional concerns of the fairness of this coercion, given the late timing of Western’s announcement of the continuation of the Policy, after tuition was due and the students had made living arrangements and other financial commitments for the year.

[70] I acknowledge the applicants’ frustration; however, observe that the previous version of the Policy that applied to the 2021-2022 academic terms did notify the university community that the Policy was set to expire on September 7, 2022, and that it would be reviewed by no later than September 1, 2022. There was, in fact, a vaccine mandate and personal information collection policy in place before the ostensible “surprise” of Western’s announcement of the revised Policy on August 22, 2022.

[71] I do not agree with the applicants’ characterization of the Policy as being “coercive” in nature. I do not accept the Policy will “force” members of the university community to disclose their personal information. The Policy forces individuals to choose between two alternatives, even if they like neither option. The choice is the individual’s to make. Each choice comes with its own consequences. That is the nature of choices: Seneca College, at para. 75; Amalgamated Transit Union, Local 113 et a. v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONCA 7658 at para. 77.

[72] I am also not persuaded that a disposal order is warranted in the circumstances. Again, the relief sought is broad. The applicants did not provide any authority in support of this relief. The applicants confirmed on the hearing of the application that they want all proof of vaccine information collected by Western to be destroyed. The court does not comprehend any reasonable basis for such a broad order. Among other issues, proof of vaccine information in the 2021-2022 year was collected pursuant to the province’s mandate.

Seriously, why do people bother? Why not just leave the schools altogether? Are the tens of thousands in non-dischargeable student loan debt really worth it?

A curious bit of information about the Judge Kelly Tranquilli: apparently she’s donated to the Liberal Party of Canada several times in recent years. Or, at least there is someone in London with that same name. It’s not much, only about $1,400 in total. Still, worth a look.

As for UWO receiving money, there are many sources, including several millions in “foreign” contributions. This is according to the Federal Lobby Registry. Interesting details shown.

GOVERNMENT INSTITUTION	AMOUNT	MORE COMING?
Canada Foundation for Innovation	$7,581,000.00	YES
Canada Research Chairs	$7,339,000.00	YES
Canadian Institutes of Health Research (CIHR)	$28,885,000.00	YES
City of London	$28,885,000.00	NO
Foreign	$4,209,000.00	YES
Natural Sciences and Engineering Research Council (NSERC)	$29,038,000.00	YES
Other Federal	$35,699,000.00	YES
Other Provinces	$35,699,000.00	YES
Province of Ontario	$318,799,000.00	YES
Social Sciences and Humanities Research Council (SSHRC)	$9,292,000.00	YES

UWO gets financial contributions from all areas of government. Also, there are other areas which this institution is able to profit.

Revenue Until April 2021
Receipted donations $23,391,977.00 (1.74%)
Non-receipted donations $7,913,117.00 (0.59%)
Gifts from other registered charities $8,860,861.00 (0.66%)
Government funding $458,914,000.00 (34.17%)
All other revenue $844,026,000.00 (62.84%)
Total revenue: $1,343,105,955.00

Expenses Until April 2021
Charitable programs $1,068,203,541.00 (96.31%)
Management and administration $30,830,509.00 (2.78%)
Fundraising $10,090,630.00 (0.91%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $1,109,124,680.00

Revenue Until April 2020
Receipted donations $5,737,520.00 (0.47%)
Non-receipted donations $29,464,401.00 (2.44%)
Gifts from other registered charities $4,705,436.00 (0.39%)
Government funding $436,669,000.00 (36.14%)
All other revenue $731,737,519.00 (60.56%)
Total revenue: $1,208,313,876.00

Revenue Until April 2019
Receipted donations $11,119,427.00 (0.87%)
Non-receipted donations $17,837,610.00 (1.40%)
Gifts from other registered charities $5,854,513.00 (0.46%)
Government funding $467,184,000.00 (36.63%)
All other revenue $773,266,199.00 (60.64%)
Total revenue: $1,275,261,749.00

Worth pointing out: the top 10 highest paid employees receive in excess of $300,000 each. Good to know tuition dollars are being well spent.

The University of Western Ontario is also a registered charity, meaning it’s receiving all sorts of tax benefits at the expense of the public. Regular readers of this site won’t be surprised in the least.

As for CEWS, the Canada Emergency Wage Subsidy, at least 2 groups within UWP received the benefit. Perhaps why there was little interest in protecting students from vaccine mandates. And being a “registered charity”, UWO would also have been eligible for lockdown and rental subsidies.

Things are never quite as they seem.

(1) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc5243/2022onsc5243.html
(2) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc5243/2022onsc5243.pdf
(3) https://elections.ca
(4) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=6219&regId=923198&blnk=1
(5) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=university+western+ontario&q.stts=0007&selectedCharityBn=108162587RR0001&dsrdPg=1
(6) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/bscSrch

September 27, 2022September 28, 2022

University Of Calgary Professor Takes Action To Reinstate Mask Mandates

While most lockdown related lawsuits and human rights complaints aim at removing these infringements on human rights, others demand that they be reinstated. Here is another such case.

A Calgary man has filed a complaint with the Canadian Human Rights Commission over the federal government’s decision to lift mask requirements on airplanes.

The decision, announced Monday, is part of a bundle of changes that come into effect Oct. 1. At that point, travellers will also no longer be required to wear masks on trains, provide proof of vaccination or submit public health information with the ArriveCan app.

“I was frankly dismayed when I heard the news,” said Dr. David Keegan, a family doctor who has a cardiopulmonary condition.

Keegan said that while airplanes do have filtration systems, they don’t completely eliminate the risk of COVID-19 transmission, especially if people are unmasked.

To be clear, nothing prevents, or will prevent this man from wearing a mask when he travels. Instead, his “human rights” complaint is to demand that everyone else be forced to.

He’s also insisting that others play along with his delusions about there being a virus in the first place. Pretty scary that these people are in positions of influence.

Interestingly, the CBC article covering the story, and related reprints, don’t mention that Keegan is a University of Calgary Professor. Did they not want this connection to be made public?

The College of Physicians and Surgeons of Alberta only lists a single David Keegan as having a license in that Province. So, it seems unlikely to be a duplicate, or a coincidence. Of course, we don’t want the wrong person to get mocked.

On Keegan’s Twitter profile, it turns out that his pinned tweet is the announcement that he’s filed with the Canadian Human Rights Commission. This guy isn’t trying to hide the fact that he’s attempting to take people’s freedoms away. Amazingly, the idiots replying are cheering him on as some kind of a hero.

Keegan’s LinkedIn profile describes him as “Family Doc and Associate Dean, Faculty Development and Performance (Cumming School of Medicine, University of Calgary); Academic Family Physician”. He’s much more than just an employee, but an Associate Dean as well. (Archive here).

The University of Calgary has been very active in lobbying the various levels of Government for more money, and it shows. The school is routinely getting many millions in taxpayer handouts.

GOVERNMENT INSTITUTION	AMOUNT	MORE COMING?
Canada Foundation for Innovation	$7,898,000.00	YES
Canada Research Chairs	$8,126,000.00	YES
Canadian Institutes of Health Research (CIHR)	$50,044,000.00	YES
Foreign	$34,573,000.00	YES
Health Canada (HC)	$707,000.00	YES
Municipal	$3,823,000.00	YES
Natural Sciences and Engineering Research Council (NSERC)	$30,820,000.00	YES
Other Federal	$43,087,000.00	YES
Other Provinces	$10,102,000.00	YES
Provincial	$692,013,000.00	YES
Social Sciences and Humanities Research Council (SSHRC)	$12,616,000.00	YES

Have to wonder about that $34.5 million in “foreign” funding.

Interestingly, although the University of Calgary itself isn’t listed as having received the Canada Emergency Wage Subsidy, or CEWS, the Pentecostal Ministries have. It’s no surprise that UCalgary is structured as a registered charity. In fact, a search flags 3 charities connected to this school. This is just another way to get money from the public.

Revenue Until March 2021
Receipted donations $43,667,964.00 (2.93%)
Non-receipted donations $154,181,263.00 (10.34%)
Gifts from other registered charities $47,805,468.00 (3.21%)
Government funding $794,689,349.00 (53.30%)
All other revenue $450,709,554.00 (30.23%)
Total revenue: $1,491,053,598.00

Expenses Until March 2021
Charitable programs $1,252,850,843.00 (89.28%)
Management and administration $128,575,275.00 (9.16%)
Fundraising $21,825,347.00 (1.56%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $1,403,251,465.00

Revenue Until March 2020
Receipted donations $70,957,295.00 (4.48%)
Non-receipted donations $184,837,402.00 (11.68%)
Gifts from other registered charities $36,304,564.00 (2.29%)
Government funding $806,786,736.00 (50.98%)
All other revenue $483,768,203.00 (30.57%)
Total revenue: $1,582,654,200.00

Expenses Until March 2020
Charitable programs $1,321,469,784.00 (88.08%)
Management and administration $153,149,342.00 (10.21%)
Fundraising $25,419,521.00 (1.69%)
Gifts to other registered charities and qualified donees $347,506.00 (0.02%)
Other $0.00 (0.00%)
Total expenses: $1,500,386,153.00

This “charity” has been taking in approximately $1.5 billion annually as of late. Of course, the public has to subsidize the donations made.

SCHOOL	DATE	AMOUNT
University of Calgary	April 2011	$100,000
University of Calgary	March 2012	$100,000
University of Calgary	October 2017	$320,729

The school has also received some donations from the Bill & Melinda Gates Foundation in recent years. In fairness though, others have taken much more. See this from 2017.

While the CBC reports this as a “Calgary doctor”, let’s be clear: this is an Associate Dean at the University of Calgary. While he may have his own interests in doing this, can we really separate personal and professional lives?

(1) https://www.cbc.ca/news/canada/calgary/david-keegan-human-rights-complaint-mask-mandate-airplane-1.6598062
(2) https://search.cpsa.ca/PhysicianProfile?e=9fd5d2c3-3bcc-43ad-9b7c-e45ba9e7c429&i=0
(3) https://twitter.com/drDavidKeegan
(4) https://twitter.com/drDavidKeegan/status/1574523390253477888
(5) https://www.linkedin.com/in/david-keegan-61707473/
(6) David Keegan _ LinkedIn Profile
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=5009&regId=926282&blnk=1
(8) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/bscSrch
(9) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=university+of+calgary&q.stts=0007&selectedCharityBn=108102864RR0001&dsrdPg=1
(10) https://gatesfoundation.org
(11) https://ucalgary.ca/news/gates-foundation-interested-one-health-research-approach-ucalgary

September 23, 2022

Nova Scotia FOI: Can’t Be Bothered With Pfizer Documents, Or Meaningful Math

With the release of the Pfizer documents (a.k.a. the document dump), it’s fair to ask how seriously Governments are taking it. One resident in Nova Scotia decided to probe exactly that subject. Here is the result that another freedom of information request revealed.

In early January 2022, a US Federal Judge, Mark Pittman ordered Pfizer to release 55,000 pages per month on the vaccine safety data in a response to a FOI request filed on behalf of Public Health and Medical Professionals for Transparency. The List of Adverse Events of Special Interest totals over eight pages in length that includes neonatal death and sudden unexplained death. I would like to request all records and correspondence that the Premier’s office has on the topic of Pfizer’s safety data that has been released since January 10, 2022. Attached is an example of Pfizer’s Safety Data. (Date Range for Record Search: From 01/09/2022 To 09/06/2022)

The request is pretty straightforward. This resident wants to see all correspondence and records that have been generated as a result of this revelation.

However, there aren’t any records.

After a file search, we have located no records responsive to your application. Therefore, it is my understanding, pursuant to clause 7(2)(b) of the Act, that the Office of the Premier does not have custody or control of records which would respond to your application.
I am unaware of a department or agency which would hold such records.

Either Nova Scotia is completely unaware that Pfizer was ordered to turn over these documents (possible), or they just ignored it altogether. Both are bad options.

That same resident also asked how explanations and documents are calculated. How exactly is the math done to come to these dire predictions and warnings? A response package did come, although the answers are pretty confusing and convoluted.

Even if these numbers were to be taken at face value, there are still several serious cracks that appear in the logic:

The categories are “0”, “2”, and “3” doses. This means that anyone who hasn’t has at least 2 shots (with the exception of Johnson & Johnson), would be viewed as unvaccinated. What about people who took a single shot and then realized their mistake?
The counter doesn’t move until 14 days after a shot. Therefore, people who were injured (or died) in less than 2 weeks after that second shot would still be viewed as unvaccinated.
They do “age adjusting”, on the grounds that older people would be at a higher risk. However, older people are at a higher risk of dying REGARDLESS of these shots, or fake virus.
The BCCDC admitted in April 2020 that PCR tests can’t actually determine if someone has an infection. As such, these are useless. (See archive).
There’s no proof this virus exists.
The definition of a “Covid death” is completely fraudulent, as addressed earlier.

Given how subjective the definitions are, the data is essentially meaningless. This has been brought up a number of times.

2. DEFINITION FOR DEATHS DUE TO COVID-19
A death due to COVID-19 is defined for surveillance purposes as a death resulting from a clinically compatible illness, in a probable or confirmed COVID-19 case, unless there is a clear alternative cause of death that cannot be related to COVID disease (e.g. trauma). There should be no period of complete recovery from COVID-19 between illness and death.
.
A death due to COVID-19 may not be attributed to another disease (e.g. cancer) and should be counted independently of preexisting conditions that are suspected of triggering a severe course of COVID-19.

Unfortunately, this is for real. The WHO actually provides this incredibly vague and meaningless definition. (See archive here). Odd that the heavily subsidized mainstream press hasn’t been asking questions about that.

The “case definition” is also pretty sketchy. There’s no requirement at all that any actual virus be isolated or demonstrated to exist. WHO’s March 2020 (Page 3), and September 2020 (Page 8) explicitly state that routine virus isolation is not recommended for diagnostic testing.

Concerning, isn’t it? The Government keeps detailed statistics concerning hospitalizations and deaths, but tweaks the values to make them more frightening. There’s apparently no interest in the data that Pfizer only gave up under a Court order. Also, the Strang Regime seems not to case about cases and deaths in any meaningful way.

One might think that the Nova Scotia authorities don’t really have the public’s best interests at heart. Strange, considering it’s a registered charity.

And if you haven’t seen Christine Massey’s work with Fluoride Free Peel, go do that. There are some 200 or so FOIs showing that no one, anywhere in the world, has ever isolated this “virus”. It’s never been proven to exist. There’s no point having a discussion on what treatments are beneficial, until the existence of this is demonstrated. Other interesting reads are apocalypticyoga, by Bill Huston, Stormhaven, by William Ray, and What’s Up Canada by Wayne Peters.

DOCUMENTS
(1) 2022-01410-PRE Decision Letter signed
(2) 2022-01337-HEA Decision Letter
(3) 2022-01337-HEA Applicant Package

September 21, 2022September 21, 2022

Challenge To University Of Lethbridge Vaccine Policy Tossed For “Mootness”

An Alberta Judge has dismissed an Application on the grounds that the issue is “moot”, and there’s no relief that can be realistically granted.

The hearing itself took place on May 5th and 6th, with the ruling just coming out. Of course, these mandates were still in place when the Application itself was originally filed.

The case involves a challenge to the “vaccine passport” system that had been in place, and the denial of a religious exemption. The school argued that since the policy has been rescinded, there’s no issue left to be decided.

Is The Application Moot?
[7] The Respondent argues that there is no longer a tangible or concrete dispute between the parties. The vaccination program which is the subject matter of this application was repealed after being in place approximately four months. Therefore, it is the Respondent’s position that any decision made by this Court as to the impact of the program on the Applicant’s Charter or other rights will have no practical effect on her ability to attend the University.

[8] The leading case regarding the principles of mootness remains Borowski v Canada (Attorney General), 1989 CanLII 123 (SCC), [1989] 1 SCR 342 [Borowski]. The doctrine of mootness is an aspect of the general policy or practice that a court may decline to decide a case which raises merely a hypothetical or abstract question. If, subsequent to the initiation of the action or proceeding, events occur which affect the relationship of the parties so that no present live controversy exists which affects the rights of the parties, the case is said to be moot. The matter will therefore not be heard unless the court exercises its discretion to depart from that general policy: Borowski, at para 15.

[9] To determine whether an application is moot, a two-step analysis must be undertaken: first, to determine whether the required tangible and concrete dispute has disappeared and the issues have become academic; and second, if the answer to the first question is yes, to determine whether the court should exercise its discretion to hear the case: Borowski, at para 16.

[10] With respect to the first stage of the analysis, there must be a consideration of whether there remains a live controversy between the parties. A live controversy, in this context, involves whether there exists, on an objective assessment, a dispute between the parties the resolution of which will actually affect the parties’ rights or interests: The Alberta Teachers’ Association v Buffalo Trail Public Schools Regional Division No 28, 2022 ABCA 13, at para 34.

[11] It may well be, from a practical perspective, that there is no remedy that can be granted by the Court to rectify or ameliorate the impact of the alleged breaches of the Applicant’s rights. The Applicant is not seeking damages or other compensatory relief. Nor can the court provide any relief from future potential harm the vaccination policy may cause Ms. Nassichuk-Dean, as that policy is no longer in place and hasn’t been since March. Again, Ms. Nassichuk-Dean is not seeking injunctive or other relief for any anticipated rights breaches against her.

[12] Rather, the Applicant is seeking declarations that the application of the University’s COVID-19 policy violated her s. 7 Charter rights, and that the rejection of her application for a religious exemption from the policy breached her rights under the Alberta Human Rights Act.

Had the Applicant been asking for money, or some additional form of relief, it’s entirely possible the case would have kept going. But since the only issue was challenging the policy itself, it was determined that there’s no longer any issue to be heard.

Of course, what’s to stop the University of Lethbridge (or any school) from re-implementing such mandates in the future? There’s no assurance they won’t at some point.

On a side note: the University of Lethbridge, like other Canadian schools, is a registered charity. This means that it receives the benefits of many tax breaks ordinary citizens cannot get.

The school receives handouts from all levels of Government, so it’s unlikely that it will do anything to rock the boat. No college or university in Canada did anything to challenge or push back on vaccine or mask mandates. As with everything, follow the money.

(1) https://www.canlii.org/en/ab/abkb/doc/2022/2022abkb629/2022abkb629.html
(2) https://www.canlii.org/en/ab/abkb/doc/2022/2022abkb629/2022abkb629.pdf
(3) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=5301&regId=924907
(4) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=lethbridge+university&q.stts=0007&selectedCharityBn=119279248RR0001&dsrdPg=1

September 21, 2022September 21, 2024

Hearing On Motion To Strike Federal Travel Restrictions Cases For “Mootness”

Canadians have filed several court challenges related to travel restrictions going on since 2020. It appears that 4 cases were consolidated, given their related and overlapping issues. The primary issues revolved around Section 6 of the Charter, Mobility Rights.

T-1991-21: Karl Harrison/Shaun Rickard
T-145-22: Nabil Ben Naoum
T-168-22: Brian Peckford et al.
T-247-22: Maxime Bernier

Although the circumstances of each challenge differ, all of them are concerned with Canadians being able to travel and move freely within the country.

Mobility of citizens
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
.
Marginal note: Rights to move and gain livelihood
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.

However, Section 1 of the Charter has shown just how worthless this document really is. Far from the requirement that limitations be demonstrably justified, Judges have seen fit to uphold these violations based on the flimsiest of justifications.

Instead, it’s been replaced with blindly trusting the experts.

Rights and freedoms in Canada
1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

That being said, the Feds probably aren’t interested in having to justify these restrictions in court, so they came up with another option. Their lawyers filed a motion to strike the case for “mootness”. Plainly put, the argument is that since the restrictions have been lifted (as in, the orders expired), there’s nothing for a Judge to look at.

This is disingenuous for a few reasons. First, even if there are no active restrictions, it doesn’t erase any harm or violation of Constitutional rights. This comes across as a cop-out to avoid taking any responsibilities.

Second, various officials have made it clear they “won’t hesitate to bring back” various restrictions and martial law measures. So, while these may be “suspended” for the time being, it doesn’t mean that they won’t come back in some form.

We’ll have to see what comes of this, but it would be unfortunate to allow this kind of stunt to circumvent people getting their day in court.

(1) https://www.fct-cf.gc.ca/
(2) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(3) T-1991-21 Doc 51 MOTION RECORD in response to Motion Doc. No. 44
(4) https://laws-lois.justice.gc.ca/eng/Const/page-12.html

September 14, 2022January 26, 2023

Federal Vaxx Pass Claim Fatally Defective, Will Never Get To Trial

A challenge to vaccine passports (see archive) by Federal workers has been filed (T-1089-22). It was launched on May 30, 2022, and has little activity to show so far. It appears that after being idle for 3 months, the Defense has sent a letter requesting case management.

A source told this site that potential Plaintiffs were being asked to put up $1,000 each to offset costs for this lawsuit. However, it hasn’t been verified, so it’s just an allegation for now. Update: the claim of this retainer has since been confirmed.

But that is the least of it. This Statement of Claim appears to be so poorly crafted that it will never survive in its current form. Most likely, it will be struck. This is a pattern that comes up again and again.

Keep in mind: the Action4Canada and Vaccine Choice Canada cases were critiqued as well. The former went down in flames, while the latter remains dormant. While the Federal case isn’t (quite) the dumpster fire that the others were, the drafting is still very bad.

Since the Action4Canada case was struck, Plaintiffs have (quite sensibly) started bailing. See here and here. They realize that this isn’t what they signed up for.

Side note: the Federal Court of Canada allows the public to search the progress of the case, both in terms of documents filed, but status updates. Documents can also be requested by giving staff the file # and the document #. It’s quite convenient.

1. Claim Contains Content Court Can’t Preside Over

The Statement of Claim is filled with allegations and issues that cannot be resolved in a Civil Court. That alone would get the case struck. It’s also worth noting that the numbering system is inconsistent and confusing, much like the A4C and VCC Claims.

(Page 16, Para 1(c)) crimes against humanity
(Page 16, Para 1(c)) War Crimes And Crimes Against Humanity Act
(Page 16, Para 1(c)) Criminal Code of Canada
(Page 20, Para 1(d)(1)) Magna Carta
(Page 28, Para 34(d)) allegations of eugenics
(Page 30, Para 47) allegations of crimes against humanity
(Page 30, Para 47) allegations Nazi experimentation
(Page 30, Para 47) reference to Nuremberg Code
(Page 30, Para 47) reference to Helsinki Declaration
(Page 32, Para 52(a)(v)) reference to Criminal Code of Canada
(Page 35, Para 55(g)) reference to Criminal Code of Canada

This played a role in getting the Action4Canada case struck out a few weeks ago. None of this belongs in a Civil Claim, and could easily be used in a Motion to Strike.

2. Claim Paragraphs Not Set Out In Organized Manner

Form of pleadings
173 (1) Pleadings shall be divided into consecutively numbered paragraphs.
(2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.

This Rule has to do with the organization of the Claim itself. Considering that the Defendant(s) has to respond to the allegations, it has to be easy for them to either “admit” or “deny” paragraphs, or to state that certain ones are unknown. Because this lawsuit is so shoddily crafted, it’s impractical, and near impossible to address the document in any meaningful way.

3. Claim Lacks Concise Statement Of Material Facts

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

This is a no-brainer. If someone is to be sued, then there must be a concise (relatively short) set of facts laid out in the Statement of Claim. This document is filled with accusations and demands, but is quite limited on the facts to be pleaded.

[British Columbia Rules]
Contents of notice of civil claim
(2) A notice of civil claim must do the following:
(a)set out a concise statement of the material facts giving rise to the claim

[Ontario Rules]
Rules of Pleading — Applicable to all Pleadings
Material Facts
25.06 (1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved.

The Federal Rules are the same in this regard as the B.C. Rules of Civil Procedure. Specifically, Rule 3-1(2)(a) calls for Notices of Civil Claim to have a concise statement of material facts. In Ontario it’s Rule 25.06(1). There are similar provisions in other Provincial Courts as well.

4. Claim Lacks Necessary Particulars To Go Ahead

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.
.
(2) On motion, the Court may order a party to serve and file further and better particulars of any allegation in its pleading

This is based on Rule 181 of the Federal Court Rules. When the term “particulars” is used here, it means specifics. The allegations must contain enough detailed information so that Defendants may address them.

Here, there are plenty of allegations thrown around, but the document is sorely lacking in specifics. It’s not enough make accusations, but the factual basis must be laid out as well. Ontario Rules 25.06(8) and (10) also lay out this requirement.

This (may) not get the lawsuit thrown out by itself. However, it’s enough that a Judge or Prothonotary would either strike it, or issue an Order for a rewrite.

5. Nature Of Damages Isn’t Really Specified

Claims to be specified
182 Every statement of claim, counterclaim and third party claim shall specify
(a) the nature of any damages claimed;
(b) where monetary relief is claimed, whether the amount claimed, exclusive of interest and costs, exceeds $50,000;
(c) the value of any property sought to be recovered;
(d) any other specific relief being claimed, other than costs; and
(e) whether the action is being proceeded with as a simplified action.

This should be common sense. Parties seeking damages need to spell out the exact relief they are seeking. That said, the Claim is so rambling and disjointed that it isn’t all that clear. At a bare minimum, this needs to be redone.

6. Entire Claim Could Be Struck Under Rule 221

Motion to strike
221 (1) On motion, the Court may, at any time, order that a pleading, or anything contained therein, be struck out, with or without leave to amend, on the ground that it
(a) discloses no reasonable cause of action or defence, as the case may be,
(b) is immaterial or redundant,
(c) is scandalous, frivolous or vexatious,
(d) may prejudice or delay the fair trial of the action,
(e) constitutes a departure from a previous pleading, or
(f) is otherwise an abuse of the process of the Court,
.
and may order the action be dismissed or judgment entered accordingly.

This is very similar to Rule 9-5 of the British Columbia Rules of Civil Procedure. It allows for pleadings that are convoluted, confusing, or otherwise an abuse of process to be struck out. Even someone well versed in the content would be hard pressed to follow along with the Claim.

The Ontario Rules of Civil Procedure, Rule 25.11, has this wording as well. It allows Judges to throw out (or at least strike) suits that are abusive in nature.

Having read through the Action4Canada and Vaccine Choice Canada lawsuits, it appears that entire sections are just cut-and-pasted for this one. Doesn’t speak highly for the work involved.

There are also approximately 100 “John Does” and “Jane Does” in the Statement of Claim. This is going to make things confusing, since Defendants have the right to confront their accusers.

Keep in mind, this is a very rudimentary look at the Statement of Claim. It’s entirely possible that there are more defects that can lead to it getting thrown out.

So, why keep drafting such garbage?

Who benefits from cases that either remain inactive for months, or years? Who benefits from cases that are so poorly drafted that they get thrown out on a preliminary challenge? It doesn’t appear that any of these cases were ever intended to move ahead.

Keep in mind, that hundreds of law firms have received CEWS, the Canada Emergency Wage Subsidy. Others have received cash from the Summer Grants Program. Pretty hard to oppose Trudeau when his programs are paying one’s salaries.

Vaccine Choice Canada (VCC), et. Al. (and others) v. Her Majesty the Queen, et.al. (and others) Ontario Superior Court #CV-00629810-0000. Filed October 2019. No movement since pleadings closed in March 2020.
Vaccine Choice Canada (VCC), et. Al. (and others) v. Justin Trudeau, et.al. (and others) Ontario Superior Court #CV-20-00643451-0000. Filed July 2020. Single Statement of Defense in August 2022.
Gill & Lamba v. MacIver et al. Ontario Superior Court #CV-20-00652918-0000. Filed November 2020. Dismissed as a SLAPP, or strategic lawsuit against public participation. Appealed, but status unknown.
Gill v. Attaran & University of Ottawa, Ontario Superior Court #CV-21-00658784-0000. Filed March 2021. A Notice of Intent to Defend (not an actual Statement of Defense) was filed in July 2021. No movement since then.
Sgt. Julie Evans, et al v. AG of Ontario, et al Ontario Superior Court #CV-21-00661200-000. Filed April 2021. No movement since Notice of Application filed.
M.A. and L.A., et al vs. Eileen De Villa, et al Ontario Superior Court #CV-21-00661284-0000. Filed April 2021. No movement since Notice of Application filed.
Action4Canada, et al vs. Dr. Bonnie Henry, Justin Trudeau, Premier Horgan, et al British Columbia Superior Court # VLC-S-S-217586. Filed August 2021. Struck in its entirety.

Well meaning people have paid good money, in the hopes that worthwhile litigation would be undertaken. It’s pretty pathetic that this site is a far more reliable source for updates than the lawyers running the show. Then again, considering the complete lack of progress, it’s not unexpected.

Putting things in perspective….

This website was sued last year for $7,000,000, for exposing what was really happening with the various “anti-lockdown” cases. It speaks volumes when more effort is spent trying to silence critics than to take on Trudeau, Ford, or Horgan. Any any event, that case is stayed, pending an anti-SLAPP Motion.

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) Federal Vaccine Passport Challenge Retainer Agreement
(4) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(5) https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/index.html
(6) https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/168_2009_01
(7) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest

ACTION4CANADA COURT DOCUMENTS:
(1) A4C Notice of Civil Claim
(2) A4C Response October 14
(3) A4C Legal Action Update, October 14th 2021 Action4Canada
(4) A4C Notice of Application January 12
(5) A4C Notice of Application January 17
(6) A4C Affidavit Of Rebecca Hill
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19
(9) https://action4canada.com/wp-content/uploads/Application-Record-VLC-S-S217586.pdf
(10) https://drive.google.com/file/d/1BfS_MyxA9J11WeYZmk8256G7GsWEFZ62/view
(11) Notice_of_Discontinuance_Federico_Fuoco_Fire_Productions
(12) Notice_of_Discontinuance__Amy_Muranetz_