Category: Canadian Decisions

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Action4Canada Appeal Put On “Inactive” List, Likely To Be Dismissed As Abandoned

Remember that dumpster fire of a case that Action4Canada filed in August of 2021? Remember how it was struck — not on the merits — but because it was so poorly written? Bad beyond argument?

Heck, even the Law Society of British Columbia piled on.

While Justice Ross did allow for a rewrite, the decision was appealed instead.

This Appeal was particularly frivolous considering the content that was being challenged. Specifically, most of it centered around Paragraph 52, outlining many of the areas that there was no jurisdiction to bring to Civil Court.

[52] The defendants submit that the NOCC pleads to a number of claims that are improper in a civil action. In part, the defendants point to the following elements of the NOCC as inappropriate:

a) alleging criminal conduct;
b) seeking a declaration that the preponderance of the scientific community is of the view that masks are ineffective in preventing transmission;
c) seeking a declaration that the motive and execution of the COVID-19 prevention measures by the World Health Organization are not related to a bona fide “pandemic”;
d) seeking a declaration that administering medical treatment without informed consent constitutes experimental medical treatment which is contrary to the Nuremberg Code, the Helsinki Declaration and is a crime against humanity under the Criminal Code of Canada;
e) seeking a declaration that the unjustified, irrational, and arbitrary decisions of which businesses would remain open, and which would close, as being “essential”, or not, was designed and implemented to favour mega-corporations and to de facto put most small businesses out of business; and
f) seeking a declaration that the measures of masking, social distancing, PCR testing, and lockdowns are not scientifically based, and are based on a false and fraudulent use of the PCR test.

[53] I agree with the defendants that these are improper claims.

The B.C. Court of Appeals isn’t going to overturn this. Full stop.

As for the request to revisit the costs issue, it needs to be pointed out that costs are almost entirely discretionary. Given that Justice Ross (correctly) ruled the Notice of Civil Claim wasn’t drafted properly, no one will fault him for such a finding anyway.

Unsurprisingly, there were more requests for donations.

And what a time to be alive. We are in the age where Court Services Online (C.S.O.) can be accessed by anyone. Any member of the public can search a case online, and see what exactly is going on. Yes, B.C. does paywall this content, but it’s not expensive.

As it turns out, no Appeal has yet been scheduled to be heard. This is a serious problem, as British Columbia, like most jurisdictions, don’t want files sitting dormant for months or years. The Action4Canada appeal has been classified as “inactive”, due to a failure to schedule the hearing.

Back at the beginning of 2023, there was a consent order for Translink to delay sending its Factum (arguments). However, it has since been filed.

It also appears that Mark Witten has been replaced as counsel for the B.C. Defendants for some reason.

The B.C. Court of Appeal Rules, and the Act outline the issue A4C is going to have:

[Division 3, Rule 50]
Managing inactive appeal list
50 (1)The registrar must place an appeal on the inactive appeal list if a notice of hearing of appeal is not filed in accordance with these rules by the date that is:
.
(a) one year after the notice of appeal is filed for the appeal, or
(b) 60 days after the appeal is ready for hearing.

[Division 4, Rule 51]
Appeals that are dismissed as abandoned
51(1) For the purposes of section 23 [appeals or applications for leave to appeal dismissed as abandoned] of the Act, an appeal or application for leave to appeal is dismissed as abandoned if it remains on the inactive appeal list for 180 days.

(2) Unless a justice orders otherwise, an appeal that is dismissed as abandoned under subrule (1) may not be reinstated.

[Court of Appeal Act]
Appeals or applications for leave to appeal dismissed as abandoned
23(1) An appeal or application for leave to appeal is dismissed as abandoned if it remains inactive under the circumstances and to the extent set out in the rules.
.
(2) An appeal or application for leave to appeal that has been dismissed as abandoned under subsection (1) may be reinstated in accordance with the rules.

Under Rule 50, an Appeal must be placed on the “inactive” list if more than 1 calendar year has elapsed since the Notice of Appeal was filed. Under Rule 51, if it remains on that list for 6 months, it will be dismissed for being abandoned. That’s consistent with Rule 23 of the Court of Appeal Act

Interestingly, the Appellants — people launching the Appeal — can’t just fill out a form if the case gets dismissed. Instead, a Judge must approve it.

There have been allegations made that the Respondents have been deliberately delaying getting a hearing booked. This seems very unlikely, for the reasons outlined previously. The Appeal doesn’t address the elephant in the room — that the Claim wasn’t written properly — so there’s no real prospect of the decision getting overruled.

Huang v. Li, 2022 BCCA 450 outlined the test for reinstating Appeals at Paragraph 10:

(a) the length of the delay and, in particular, whether the delay has been inordinate;
(b) the reason for the delay and, in particular, whether the delay is excusable;
(c) whether the respondent has suffered prejudice as a result of the delay; and
(d) the extent of the merits of the appeal.

Ground (d) is particularly fatal. There are no merits to the Appeal. None whatsoever. Instead of rewriting an incoherent Notice of Claim, an Appeal was filed to challenge jurisdiction on a number of issues Civil Courts can’t determine. It’s clearly and obviously baseless.

Supposedly, Action4Canada has a new Notice of Civil Claim ready to go. If this is actually true, then it boggles the mind why they’re wasting time and money messing around with this Appeal.

Questions need to be asked about this.

Receipts attached below (as usual).

UPDATE TO ARTICLE: This Notice of Hearing was filed October 19, 2023. It seems that people are taking note about what gets published in this case.

ACTION4CANADA APPEAL DOCUMENTS:
(1) A4C Notice Of Appeal September 28 2022
(2) A4C Appeal – Notice Of Appearance – VIHA
(3) A4C Appeal – Notice Of Appearance – BC Defendants
(4) A4C Appeal – Notice Of Appearance – Attorney General of Canada
(5) A4C Appeal – Notice Of Appearance – Peter Kwok, Translink
(6) A4C Appeal – Notice Of Appearance – BC Ferries, Brittney Sylvester
(7) A4C Appeal – Appeal Book – Appellant
(8) A4C Appeal – Appeal Book – Respondent VIH And PHC
(9) A4C Appeal – Appeal Record – Stand Alone Respondents VIHA
(10) A4C Appeal – Appeal Record – Stand Alone
(11) A4C Appeal – Factum – Appellant
(12) A4C Appeal – Factum – Respondent Attorney General Of Canada
(13) A4C Appeal – Factum – Respondent BC Ferries and Brittney Sylvester
(14) A4C Appeal – Factum – Respondent HMK -Provincial Defendants
(15) A4C Appeal – Factum – Respondent Peter Kwok and Translink
(16) A4C Appeal – Factum – Respondent VIHA and Providence Health
(17) A4C Appeal – Consent Order – Factum, Time Limits
(18) A4C Appeal – Change In Representation – BC Defendants
(19) A4C Appeal – Notice Of Hearing February 2024

ACTION4CANADA BCSC DOCUMENTS:
(1) A4C BCSC – Notice Of Civil Claim
(2) A4C BCSC – Response to Civil Claim (Health Authority Defendants)
(3) A4C BCSC – Response to Civil Claim (Provincial Defendants)
(4) A4C BCSC – Affidavit No 1 of Rebecca Hill
(5) A4C BCSC – Notice of Application (AG and RCMP applies to strike)
(6) A4C BCSC – Notice of Application (Provincial Defendants applies to strike)
(7) A4C BCSC – Notice of Application (Translink applies to strike)
(8) A4C BCSC – Application Response (Health Authority Defendants consent to strike)
(9) A4C BCSC – Application Response (BC Ferries consents to strike)
(10) A4C BCSC – Application Response (AG and RCMP consent to Prov. strike application)
(11) A4C BCSC – Application Response (Translink consents to HA Defendants strike application)
(12) A4C BCSC – Application Response (Translink consents to Prov. strike application)
(13) A4C BCSC – Affidavit No 2 of Rebecca Hill
(14) A4C BCSC – Application Record (to strike)
(15) A4C BCSC – Application Response (all plaintiffs)
(16) A4C BCSC – Amended Application Response (all plaintiffs)
(17) A4C BCSC – Transcript Application To Strike
(18) A4C BCSC – Reasons For Striking NOCC In Its Entirety
(19) A4C BCSC – Order striking pleadings
(20) A4C BCSC – Order striking pleading in its entirety with costs payable forthwith
(21) A4C BCSC – Appointment to assess bill of costs for Kwok and Translink
(22) A4C BCSC – Notice of Discontinuance (Kimberly Woolman & Estate of Jaqueline Woolman)
(23) A4C BCSC – Notice of Discontinuance (Amy Muranetz)
(24) A4C BCSC – Notice of Discontinuance (Federico Fuoco & Fire Productions Ltd.)

OTHER:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/material/civil.pdf
(3) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_01#rule3-1
(4) https://justice.gov.bc.ca/cso/index.do
(5) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2022a#division_d0e3656
(6) https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca450/2022bcca450.html#par10

ACTION4CANADA FINANCIAL DOCS:
(A) A4C Docs Profits And Losses 2021-2022
(B) A4C Docs Balance Sheet 2021-2022
(C) A4C-Docs-General-Ledger-2021-2022

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Federal Court Strikes Claim By Coast Guard Worker Over Pay Issues, Cites Lack Of Jurisdiction

A member of the Canadian Coast Guard, Jennifer Horsman has had her challenge thrown out of the Federal Court, and lack of jurisdiction is cited.

This isn’t a case about being forced to take the clot-shots, but it’s still interesting. In August 2022, her employer claimed that she had been overpaid nearly $9,000, the remainder of a larger amount that was supposedly owed. Horsman says she kept her own records of all dates and shifts and contested the demand. This caused financial hardship.

She also tried to seek union representation, but was denied.

Despite attempts to resolve this internally, Horsman was unsuccessful. She eventually ended up suing the Government in March 2023 to resolve this, and here’s where it takes a turn.

Ottawa brought a Rule 221 Motion to Strike (throw out) the lawsuit on the grounds that the Court had no jurisdiction to hear the case at all.

Looking at Sections 208 and 236 of the Federal Public Sector Labour Relations Act, FPSLRA:

Individual Grievances
Presentation
Right of employee
.
208 (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved
.
(a) by the interpretation or application, in respect of the employee, of
.
(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
.
(ii) a provision of a collective agreement or an arbitral award; or
.
(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Section 208 then goes on to list a series of conditions and limitations.

Disputes relating to employment
.
236 (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute.

Application
(2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication.

Taken together, it seems laid out that Federal workers have the rights to file grievances, but they have no real right to take their problems to Court.

This ruling confirms the Adelberg decision, a high profile ruling in February 2023 that permanently ended the cases of over 400 Federal workers. Another 200 workers of Federally regulated industries had a setback as well, since the pleading was so poorly drafted.

Adelberg was also cited by a former RCMP worker, whose case was struck because of the FPSLRA.

Lesson in here: members of the Federal Government, as well as most unionized employers, have no guaranteed right to go to Court. There’s almost always a grievance or arbitration requirement.

If there’s any consolation here, it’s that the person wasn’t ordered to pay any costs. Yes, the Attorney General asked, but the Judge declined. She also didn’t waste many thousands of dollars hiring a lawyer to get the exact same result. Still, she has guts for at least attempting this.

(1) https://www.canlii.org/en/ca/fct/doc/2023/2023fc929/2023fc929.html
(2) https://www.canlii.org/en/ca/fct/doc/2023/2023fc929/2023fc929.pdf
(3) https://www.canlii.org/en/ca/laws/regu/sor-98-106/latest/sor-98-106.html
(4) https://www.canlii.org/en/ca/laws/stat/sc-2003-c-22-s-2/latest/sc-2003-c-22-s-2.html
(5) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(6) https://www.canlii.org/en/ca/fct/doc/2023/2023fc280/2023fc280.html

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Canadian Frontline Nurses Hit With $315,000 In Costs Over Failed Defamation Suit

In a recent decision that wasn’t very surprising, the activist group, Canadian Frontline Nurses (CFLN), has been hit with $315,000 in Court costs. This follows a December ruling that dismissed their million dollar defamation case as a SLAPP, over 2 publications. That is, of course, short for a “strategic lawsuit against public participation”.

Costs are as follows:

  • $250,000 to Canadian Nurses Association Defendants
  • $65,000 to Together News Inc. Defendants.

See previous article for more information and context.

SLAPPs are a form of weaponizing the legal system to shut down discourse over public interest issues. By filing such cases, Defendants are “chilled” into being removed from the discussion.

What’s particularly bad about this case is that the CFNL is a group that claims to have fought on behalf of the freedom of Canadians over the last few years. It seems that at least some have no issue with taking away the freedoms — specifically speech — of people they don’t like.

This differs little from Kulvinder Gill and Ashvinder Lamba, who are on the hook for $1.1 million over a failed defamation suit from December 2020. Actually, it’s mostly Gill.

To be clear, this isn’t about defending the principles or character of organizations like the Canadian Nurses Association, as they were all too willing to shill for lockdown measures. Instead, it’s about the right of everyone to say their piece, even if it’s downright awful. Silencing people because they’re not “on your side” is just downright wrong.

Seeing the replies to Paul Champ, one of the lawyers, was discouraging. So many in the “freedom movement” are showing disdain that the attempt at libel-chill had backfired. While they whine about their civil liberties being trampled on by Government, they cheer private citizens doing it.

Costs on dismissal
(7) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

Costs if motion to dismiss denied
(8) If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances.

Damages
(9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate.

Now, the group tried to avoid something called “full indemnity”, which is when the winning side of a lawsuit gets 100% of their costs back. In Ontario, the default is to grant this in cases where lawsuits are dismissed under anti-SLAPP laws. This is Section 137.1(7) of the Courts of Justice Act.

Interestingly, if an anti-SLAPP Motion fails, the Plaintiffs are not automatically entitled to costs.

Dismissing such a case doesn’t mean that the Judge endorses or accepts the views of the Defendants. Instead, it’s a finding that the lawsuit should never have been brought at all. In a (supposedly) free society, shutting down public discourse is rarely a good idea.

In any event, the CFLN attempted to cash in by suing, and it backfired. The result was predictably very expensive.

COURT DOCUMENTS:
(1) CFLN Statement Of Claim
(2) CFLN Statement Of Defense CDN Nurses Association
(3) CFLN Statement Of Defense Together News/Comox Valley
(4) CFLN Responding Motion Record Of Plaintiffs
(5) CFLN Cross Examinations Volume 1
(6) CFLN Cross Examinations Volume 2
(7) CFLN Cross Examinations Volume 3
(8) CFLN Supplementary Motion Record Of Plaintiffs
(9) CFLN Freedom Rally Documentation
(10) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.html
(11) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.pdf
(12) https://canucklaw.ca/canadian-frontline-nurses-1-million-defamation-case-dismissed-as-a-slapp/
(13) https://twitter.com/paulchamplaw/status/1671560050249170950

APPEAL DOCUMENTS:
(1) CFLN Appeal Appellant Factum
(2) CFLN Appeal Respondent Factum
(3) CFLN Appeal Order Security For Costs
(4) CFLN Appeal Notice Of Abandonment

OTHER LINKS:
(1) https://www.canadianfrontlinenurses.ca
(2) https://www.canadianfrontlinenurses.ca/donate
(3) https://t.me/NursesAgainstLockdowns/2229
(4) https://www.cbc.ca/news/canada/london/anti-vaxx-nurse-libel-suit-ontario-1.6698686
(5) https://www.cna-aiic.ca/en/blogs/cn-content/2021/09/09/enough-is-enough-professional-nurses-stand-for-sci
(6) https://comoxvalley.news/quack-quack-these-pro-virus-nurses-have-dangerous-ideas/

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Appeal Of “Bad Beyond Argument” Federal Ruling Accuses Judge Of Bias

It’s probably not a good idea to throw the term “bias” around like this.

Readers of this site will likely remember the February 21, 2023 Ruling in the Federal Court that was covered here. This was a challenge to the Fall 2021 dictate for vaccine passports at the Federal level, launched by Toronto lawyer Rocco Galati. A case involving some 600 Plaintiffs was struck in its entirety as being “bad beyond argument”, among other issues. Justice Simon Fothergill was extremely critical of the case.

That February Decision is now being appealed.

To understand the Appeal, here is a brief review of what happened:

Approximately 2/3 of the Plaintiffs were permanently barred from using the Court as a remedy. As members of the Federal Government, Section 236 of the FPSLRA, or Federal Public Sector Labour Relations Act, requires that they seek alternate remedies for employment matters.

The other 1/3 of the Plaintiffs were allowed to file an amended lawsuit, but with other restrictions. These were either members of Crown Corporations, or employees of Federally regulated industries.

There was also the problem that the wrong paperwork had been filed. When challenging a Decision from a Federal Board, Commission or Tribunal, Sections 18(1) and (3) of the Federal Courts Act require that a Notice of Application be filed, and not a Statement of Claim.

Extraordinary remedies, federal tribunals
18 (1) Subject to section 28, the Federal Court has exclusive original jurisdiction
(a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and
(b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.

Remedies to be obtained on application
(3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1.

As was mentioned during the January 2023 hearing, if all that the Plaintiffs were seeking was damages, then a Statement of Claim was fine.

The Decision referenced the specific portions of the Federal Court Rules that were not followed. The Rules outline the basics of how pleadings are supposed to be drafted. These were the most notable errors here as well.

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

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.

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.

By “particulars”, this really means “specifics”. When pleading a document, the person must give enough specific and detailed information so that the other side is able to address the allegations.

This is very common with Galati: he makes plenty of accusations, but doesn’t plead any factual basis. Consequently, the Defendants are often left with so little information that they can’t respond meaningfully. This is partly why so many of his cases get thrown out.

Simply stating: “and the fact is” doesn’t make something a fact.

As outlined in the original critique, this suit failed to meet even the bare minimum standards of drafting as set out by the Federal Courts Rules. Justice Fothergill apparently didn’t find it worthwhile to go through it point by point to outline the deficiencies. This has been extensively detailed by Justice Ross in Vancouver, for the Action4Canada case, and the parallels are striking.

Pleadings in the Courts of British Columbia and Ontario were plagued by the same deficiencies. Regardless of jurisdiction, there are minimum levels of organization and quality that have to be followed.

Anyhow, the Federal Decision has been appealed, and is it ever interesting. The Notice of Appeal makes a number of statements that appear to accuse (or at least imply) that Justice Fothergill sabotaged the case intentionally.

This is not a wise thing to do without evidence.

(a) It’s alleged that Justice Fothergill “blatantly ignored” Plaintiffs’ submissions regarding the standards which employment terms could be reviewed by a Court.

(b) It’s alleged that he “biasedly ignored” and “refused to address” submissions regarding the tort of public malfeasance, with respect to collective bargaining.

(c) It’s alleged that the finding of “deficient” and “bad beyond argument” was blindly applied from an unrelated case, and was completely inappropriate.

(d) It’s alleged that there was “clear (reasonable apprehension of) bias”. Really, it’s a repeat of the bias accusation, but is worded in a way to water it down.

It’s unclear who actually wrote the Notice of Appeal, but it’s already off to a bad start. Accusing a Federal Judge of bias and ignoring his responsibilities is not going to sit well. There has to be something pretty damning for this to hold water.

Granted, the Action4Canada Appeal of September 2022 is baseless, and doomed to fail, but at least BCSC Justice Alan Ross never received that kind of backlash.

The Notice of Appeal doesn’t specify what Justice Fothergill’s bias supposedly is. Is this to imply that he has certain personal views that are not appropriate? Should we interpret this to mean that he threw the case intentionally, and that the outcome was rigged?

This suggestion has been made before.

This also isn’t the only time Galati has recently claimed (or at least implied) that a Judge ruling in one of his cases was biased. Supposedly, Justice Elizabeth Stewart appeared biased when she dismissed Kulvinder Gill’s and Ashvinder Lamba’s defamation case as a SLAPP. This of course is a strategic lawsuit against public participation.

Clearly, we’ll have to wait and see what other documents are coming for the Federal Appeal. However, this is a dangerous path to take, and can have professional consequences.

A source told this site claimed that Galati and his staff are already soliciting more money for this “unexpected” trip to the Federal Court of Appeals. Apparently, they are at least mentally preparing to attempt to get into the Supreme Court of Canada.

It’s estimated that $400 to $700 more will be sought from each of the 600+ Plaintiffs. In total, that could bring in close to half a million more. The stated reason is that the $1,000 retainer was set aside for Trial.

This seems plausible, especially in light of the fact that Action4Canada is also asking for money, despite their case being “fully funded”.

Could the Federal ruling be successfully appealed? It seems doubtful. While a competent attorney might be able to make the case that malfeasance is grounds to bypass Section 236 FPSLRA, the entire Claim needs to be rewritten.

And this copy/pasting of pleadings from case to case deprives clients of the services that they’re paying for.

FEDERAL VAXX PASS CHALLENGE (APPEAL)
(1) FCA Adelberg V. HMTK A-67-23 Notice Of Appeal
(2) FCA Adelberg V. HMTK A-67-23 Appeal Book (UPDATED)
(3) FCA Adelberg V. HMTK A-67-23 Appellants MFL (UPDATED)
(4) FCA Adelberg V. HMTK A-67-23 Respondents MFL (UPDATED)

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) Federal Court Vaccine Mandate Challenge Motion To Strike
(5) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(6) Federal Court Vaccine Mandate Challenge Responding Motion Record
(7) Federal Court Of Canada Rules
(8) https://www.laws-lois.justice.gc.ca/eng/acts/F-7/page-3.html#docCont
(9) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405
(10) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do
(11) T-1089-22 Federal Court Decision On Motion To Strike
(12) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(13) https://canucklaw.ca/wp-content/uploads/Federal-Vaccine-Passport-Challenge-Retainer.pdf

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) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(12) A4C Notice of Discontinuance Federico Fuoco Fire Productions
(13) A4C Notice of Discontinuance Amy Muranetz
(14) A4C Notice Of Appeal September 28 2022

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Chief Justice Hinkson, The Vancouver Foundation, And Many Unanswered Questions

It was recently revealed that the Justice who presided over several anti-lockdown cases in British Columbia runs a group called the Vancouver Foundation. Looking into the details of this charity a bit more, this creates — at a minimum — the appearance of a potential conflict of interest. (See archive.)

The group describes itself in this way:

“Vancouver Foundation grants to hundreds of charities and non-profits in BC every year. Our vision is to create healthy, vibrant, and livable communities, and we focus on supporting projects that address the root causes of important issues. Our funding comes from generous gifts from the community, as well as from managing endowment funds for people, charities, and businesses.”

The Vancouver Foundation is involved in many different areas, and has undoubtedly has done a lot of good work. However, some things need to be questioned.

Anyhow, this is quite the rabbit hole, so let’s jump in.

The Vancouver Foundation Act is what governs the organization. This isn’t a traditional group, but one that was created in 1943 by an Act of Parliament.

Board of directors
5 (1) The board of directors of the foundation is to consist of at least 10 and not more than 18 persons, with the directors determining the number of directors from time to time in the bylaws of the foundation.
(1.1) If the number of directors is below the minimum number set out in subsection (1) or in the bylaws, as applicable, the board continues to have the authority to carry out its duties and exercise its powers until all vacancies are filled.
(1.2) Subject to section 6, the board consists of the following members:
(a) the Chief Justice of the Supreme Court of British Columbia or, if applicable, the judge appointed by the Chief Justice under that section;
(b) a member of the Law Society of British Columbia who has been nominated by the Law Society of British Columbia in accordance with the bylaws of the foundation and whose nomination has been accepted by the board;

Chief Justice Christopher Hinkson is a Director at the Vancouver Foundation, by virtue of his position on the Court. Far from being just a name on paper, he’s prominently listed as a Director (see margin on page 3). He also made the following rulings:

COURT CASES PRESIDED OVER BY CHIEF JUSTICE HINKSON

(A) Kassian v. British Columbia, 2022 BCSC 1603
(Refusal for exemption to vaccine passport)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1603/2022bcsc1603.html

(B) Eliason v. British Columbia (Attorney General), 2022 BCSC 1604
(Refusal for charter rights to travel, s.6 of Charter)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1604/2022bcsc1604.html

(C) Maddock v. British Columbia, 2022 BCSC 1605
(Refusal for compensation due to injury)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1605/2022bcsc1605.html

(D) CSASPP v. British Columbia, 2022 BCSC 1606
(Refusal to allow health care workers to opt out)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1606/2022bcsc1606.html

(E) Beaudoin v. British Columbia, 2021 BCSC 248, BCSC 248
(Refusal to allow a church to remain open)
https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc512/2021bcsc512.html

True, one might get the impression that he simply called these cases as he saw fit. But there is more to things than meet the eye.

Kate Hammer is the Vice President for Engagement, was previously a Senior Policy Advisor for the Minister of Education (Ontario), and also worked in the Office of the Premier under Kathleen Wynne. Sure, that’s Ontario, but people in political circles have very deep networks of connections, and it’s rarely limited to a region. (See archive.)

She’s also now lobbying the B.C Government on behalf of the Vancouver Foundation. Things get even more convoluted. Why? Because the B.C. Lobbying Registry shows exactly what subject matters are being discussed.

The Vancouver Foundation is trying to get more access and influence from the B.C. Government. This can cause a problem.

  • Activities to support an amendment to Vancouver Foundation Act related to definition of “reserve amount”
  • Vancouver Foundation seeks to discuss with the BC Government options and opportunities for ensuring legislation and regulations related to lobbyists transparency do not limit charities and non-profits from participating in vital conversations about government policies and priorities.
  • Vancouver Foundation seeks to discuss with the BC Government options and opportunities for the charitable sector to play a key role in pandemic recovery
  • Vancouver Foundation seeks to discuss with the BC Government options for expanding the Unclaimed Property Act’s ability to use dormant assets to boost investment in community initiatives and organizations.

Let’s think about this one. Chief Justice Hinkson, a Director at the Vancouver Foundation, is making key Court rulings relating to “pandemic measures”. Meanwhile, his organization is lobbying the B.C. Government for greater influence in exactly those areas.

And what taxpayer sources is the Vancouver Foundation getting money from?

SOURCE DATE AMOUNT
Provincial Employees Community Services Fund 2022-09-08 $68.00
City of Surrey 2022-08-26 $3,000.00
City of Surrey 2022-06-22 $48.13
Advanced Education and Skills Training 2022-04-07 $250,000.00
Children and Family Development 2022-04-05 $2,760,000.00
Social Development and Poverty Reduction 2022-04-01 $1,350,000.00
Social Development and Poverty Reduction 2022-04-01 $30,000,000.00
Canada Cultural Investment Fund 2022-03-21 $1,005,258.00
City of Vancouver 2022-03-11 $45,000.00
Forests, Lands, Natural Resource Operations, and Rural Development 2022-02-24 $5,000,000.00
City of Surrey 2020-10-08 $45.00
BC Arts Council 2020-04-02 $200,000.00
Social Development and Poverty Reduction 2020-04-02 $590,000.00
Advanced Education, Skills and Training 2020-03-31 $250,000.00
Canada Cultural Investment Fund 2020-03-16 $955,718.00
Provincial Employees Community Services Fund 2020-03-13 to 2020-09-10 $59.80
City of Vancouver 2020-03-13 $22,500.00

The Vancouver Foundation has received several millions of taxpayer money in the last few years.

Glenn Wald gets an honourable mention. He was the Director of Communications at Vancouver Foundation from November 2017 until October 2022. He has also been involved with both the Federal and British Columbia Governments. (See archive.)

Joe Gallagher, Vice President Indigenous Health & Cultural Safety at Provincial Health Services Authority, is also worth listing. He was a Board Member at the Vancouver Foundation until July 2022, so very recent. (See archive.)

Dara Parker is formerly a Program Manager for the United Nations Association in Canada, and an advisor for the U.N. Human Resettlements Programme. (See archive.)

As covered previously, the B.C. Centre for Disease Control (BCCDC) Foundation is in fact a registered charity that contributes substantial amounts annually to up to 4 “qualified donees”. These are:

  • B.C. Centre for Disease Control
  • Community-Based Research Centre Society (also a charity)
  • Provincial Health Services Authority (also a charity)
  • University of British Columbia (also a charity)

The BCCDC Foundation used to have a scroller to cycle through their major donor list. It’s since been removed, but thankfully saved in an earlier article:

The BCCDC Foundation proudly lists the Vancouver Foundation as a donor, as well as companies like Pfizer. The BCCDC-F also admits that a significant portion of its funding comes from pharmaceutical companies. Is it any wonder why the B.C. Government is so pro-pharma?

In terms of following the money, the next sections are from CSASPP’s March 12, 2023 summary for the Vancouver Foundation’s financials. As a registered charity, it’s required to disclose a fair amount of information publicly. Rather than reinvent the wheel, here are the highlights:

Based on the T3010 Registered Charity Information Return filed with the Canada Revenue Agency, several years of reporting periods are available. The records are copious with thousands of donees. We will save you the trouble of sifting through them. The following is a summary of our provisional material findings.

In fiscal year 2021 the Vancouver Foundation donated to the Public Health Association of British Columbia $193,072 and to Fraser Health Authority $93,434. The year prior of 2020 Vancouver Coastal Health Authority received $100,000 from the Foundation. A charity setup by the British Columbia Centre for Disease Control to receive donations, the BCCDC Foundation for Population and Public Health, received $13,000.

During the onset to the alleged pandemic in 2019, many of you will recall the traditional intellectual safeguards were largely mute. The British Columbia Civil Liberties Association received $151,718.

Other recipients during that fiscal year include the BCCDC’s Foundation at $57,667, Fraser Health Authority at $41,055, the Registered Nurses Foundation of BC at $4,276, and a charity setup by the Canadian Broadcasting Corporation at a $1,000.

The previous fiscal year of 2018 the BCCDC Foundation again received $57,667, Fraser Health Authority $41,472, the BC Civil Liberties Association $36,104, and the CBC’s charity $1,000.

From the voluminous records we were able to analyze in the time invested, this is where money directly went. The question of where money went after the Vancouver Foundation donated it to the BCCDC Foundation is also worth commenting on.

Unlike the Vancouver Foundation, the BCCDC’s Foundation does not donate to thousands of donees. Based on its own T3010 filing, from fiscal years 2017 to 2021, it donates to only one to four donees a year. A sophisticated organization, such as the Vancouver Foundation, cannot reasonably be said to not know where the aforementioned benefactor receiving a donation would subsequently direct it to.

In every filing we uncovered problematic benefactors. In fiscal year 2021 the BCCDC Foundation donated to the Provincial Health Services Authority $140,247. The year prior of 2020 an amount of $487,689 was donated to the PHSA. In 2019 they received $588,553. In 2018 they received $290,267. In 2017 they received $426,016. The BCCDC Foundation then in 2017 donated to the BCCDC itself $15,300.

Recall that the PHSA is Dr. Henry’s employer, a defendant named in all of our litigation – including the petition in which the Chief Justice presided over. It is impossible for any reasonable person to characterize the movement of substantial sums of money in this manner under the direction of the Chief Justice as, at the very least, not carrying the perception of a conflict of interest.

What is the result of all of this? We get a situation where there really is no separation between the judiciary, the legislature, and N.G.O.s with financial interests. Everything seems to blend together.

Was there anything to those anti-lockdown rulings in B.C.? Impossible to say for sure, but the connections of the Vancouver Foundation do raise a lot of questions.

SOURCES:
(1) https://www.vancouverfoundation.ca/detail/chief-justice-christopher-hinkson/
(2) https://archive.is/wPjZm
(3) https://www.bclaws.gov.bc.ca/civix/document/id/lc/psl/00032_01
(4) https://www.vancouverfoundation.ca/about-us/our-people/our-team/
(5) http://2007.vancouverfoundationvitalsigns.ca/sites/default/files/publications/VF_Magazine_2020_web.pdf
(6) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=3770&regId=56555677
(7) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/reports/funding/received?cocId=3770&regId=56555677&extnl=true
(8) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=3770&regId=56567332
(9) https://www.linkedin.com/in/kate-hammer-5226a6a6
(10) https://archive.is/9RHmI
(11) https://www.linkedin.com/in/daraparker/details/experience/
(12) https://archive.is/cNFEY
(13) https://www.linkedin.com/in/glennewald/details/experience/
(14) https://archive.is/QFi7M
(15) https://www.linkedin.com/in/joe-gallagher-1730a0b3/
(16) https://archive.is/SL24p
(17) https://www.covidconstitutionalchallengebc.ca/status-updates

(A) BCCDC Foundation Charity Page
(B) University Of British Columbia Charity Page
(C) Provincial Health Services Authority Charity Page
(D) Community-Based Research Centre Society Charity Page
(E) Vancouver Foundation Charity Page

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Action4Canada Roasted By B.C. Law Society Over Horrendous Galati Filing

The Law Society of British Columbia is the organization that’s responsible for licensing lawyers in that Province. Unsurprisingly, lawyers are expected to have a certain level of competence in order to practice. This is to ensure that members of the public don’t end up with a complete moron representing them, costing lots of money.

In any event, the “Professional Legal Training Course 2023” is now available online. This is aimed primarily at articling students who want to take the last steps to be licensed.

The course is explained as follows:

“The Law Society’s PLTC has earned international recognition and has served as a model for Bar admission programs all over the world. It emphasizes practical skills training, ethics, practice management and practice and procedure to help new lawyers bridge the gap between law school and practice.”

“PLTC is a full-time, 10-week course. Classes are held three times a year at the Law Society offices in Vancouver, and once a year at Camosun College in Victoria and at Thompson Rivers University in Kamloops. Classes are taught by full-time faculty with many years of teaching and practice experience and by practising lawyers who volunteer to share their expertise.”

Makes sense. Prospective lawyers need to prove a high degree of skill. Now, here’s where things really start to get interesting.

On page #15, (or the 27th page of the pdf), we see a new entry:

Action4Canada

Yes, that infamous dumpster fire that was struck by Justice Alan Ross is now being used as a “teaching exercise” by the Law Society of B.C. to demonstrate how pleadings shouldn’t be done.

If pleadings are inadequate the matter will typically not get as far as trial. In a recent example of wholly inadequate pleadings the plaintiff filed a 391-page notice of civil claim that was struck (see §2.06(3) below on striking pleadings) as being “prolix” and “bad beyond argument.” In Action4Canada v. British Columbia (Attorney General), 2022 BCSC 1507, the plaintiffs sued a host of politicians and crown corporations over pandemic-related measures they said were not based in science, exceeded the defendants’ authority, and breached Charter rights. The notice of civil claim was struck in its entirety. The judge said (at para. 51) it is counsel’s job to draft pleadings that do not offend the Rules. The judge also said the claim was too prolix for the defendants to be able to respond, and it was not the court’s job to interpret the claim:

To put those points another way, I have indicated above that the prolix nature of the NOCC makes it impossible for the defendants to respond to it. For the same reason, I am not able to parse the 391 pages of the improperly drafted NOCC and indicate whether paragraphs, categories or claims should remain in, or should be struck. That is not the proper role of this court. It is counsel’s obligation to draft pleadings that do not offend the mandatory requirements of the Rules.

It turns out that the NOCC (Notice of Civil Claim) from Action4Canada was so inadequate that it never stood a chance of going to Trial. If only someone could have warned Tanya about that either in advance, or shortly after the fact. It was pretty obvious.

And what were the thanks received? A $7,000,000 defamation lawsuit.

Have to wonder if the Law Society of B.C. will now be sued as well for publishing Action4Canada’s decision in their training manual. After all, Galati sued the Law Society of Ontario for $500,000 for daring to forward complaints by the public to him for comment.

Why are all the topics mandatory?
.
When you are licensed to practise law in British Columbia, you are licensed as both a barrister and solicitor and permitted to practise in any area of the law. PLTC has therefore identified core practice areas that represent typical areas of practice for articled students and newly called lawyers. By requiring you to demonstrate entry-level competence in each of these practice areas, PLTC supports the Law Society’s mandate to set standards for lawyers and to protect the public interest.

Unsurprisingly, there is an FAQ section. It’s explained that it’s in the public interest to ensure that licensed lawyers have a basic level of competence in certain areas.

Keep in mind, this is geared towards new lawyers. Constitutional lawyers with decades of experience should probably have a handle on this sort of thing already.

And again, the Action4Canada case is being used as an example of what not to do, as it’s liable to waste large amounts of time and money, by getting it struck.

The B.C. Law Society also publishes a practice manual specifically for civil, and it’s quite informative. On page #13, (or the 25th page of the pdf), we get to the sections on pleading documents.

The fundamental purpose of pleadings is to define the issues to be tried with clarity and precision, to give the opposing parties fair notice of the case to be met, and to enable all parties to take effective steps for pre-trial preparation: Mayer v. Mayer, 2012 BCCA 77 at para. 215.

Proper Pleadings are Good Advocacy
In practice, pleading the case properly is critical. Pleadings come at an early stage of the litigation, often before all the facts are known. Some counsel fail to craft pleadings carefully, perhaps expecting to clean them up later, if necessary, through amendments. This is poor practice: pleadings are the foundation upon which a case is constructed. If you take care and exercise diligence in framing the pleadings, the rest of the case will fall into line. The pleadings also determine what is relevant at the discovery stage, so proper pleadings will ensure relevant documents are produced and examinations for discovery canvas relevant issues.

And this last part sums up the Action4Canada case well.

Good pleading will not, in my opinion, give a litigant with a bad case a victory. But bad pleading
may very well deprive a litigant with a good case of a victory that ought to be his.

This perfectly outlines what happened with the NOCC. While there certainly were valid causes of action, the NOCC was drafted so poorly that the entire document had to be struck out. While a rewrite was allowed, this was a huge waste of time and money.

And once again: these documents from the B.C. Law Society are aimed at prospective lawyers. This is designed for newbies. And the Action4Canada case is now teaching material for what not to do.

Action4Canada’s suit was struck in its entirety on August 29, 2022, for the reasons mentioned earlier. Instead of simply doing the Claim properly, it was appealed instead.

It would be interesting to see the Professional Legal Training Course in a few years. Perhaps it will updated again to include Action4Canada in how not to appeal a case. See critique.

Although their case is “fully funded”, Action4Canada is once again asking for money. Apparently, the extra costs of filing an appeal weren’t factored in. Despite promises to submit an amended Claim, it hasn’t happened in over 6 months.

Remember to donate, suckers!

LAW SOCIETY OF BC:
(1) https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/material/civil.pdf
(2) https://www.lawsociety.bc.ca/becoming-a-lawyer-in-bc/admission-program/professional-legal-training-course/
(3) https://www.lawsociety.bc.ca/becoming-a-lawyer-in-bc/admission-program/professional-legal-training-course/faq-pltc/

ACTION4CANADA BCSC DOCUMENTS:
(1) A4C BCSC – Notice Of Civil Claim
(2) A4C BCSC – Response to Civil Claim (Health Authority Defendants)
(3) A4C BCSC – Response to Civil Claim (Provincial Defendants)
(4) A4C BCSC – Affidavit No 1 of Rebecca Hill
(5) A4C BCSC – Notice of Application (AG and RCMP applies to strike)
(6) A4C BCSC – Notice of Application (Provincial Defendants applies to strike)
(7) A4C BCSC – Notice of Application (Translink applies to strike)
(8) A4C BCSC – Application Response (Health Authority Defendants consent to strike)
(9) A4C BCSC – Application Response (BC Ferries consents to strike)
(10) A4C BCSC – Application Response (AG and RCMP consent to Prov. strike application)
(11) A4C BCSC – Application Response (Translink consents to HA Defendants strike application)
(12) A4C BCSC – Application Response (Translink consents to Prov. strike application)
(13) A4C BCSC – Affidavit No 2 of Rebecca Hill
(14) A4C BCSC – Application Record (to strike)
(15) A4C BCSC – Application Response (all plaintiffs)
(16) A4C BCSC – Amended Application Response (all plaintiffs)
(17) A4C BCSC – Reasons For Striking NOCC In Its Entirety
(18) A4C BCSC – Order striking pleadings
(19) A4C BCSC – Order striking pleading in its entirety with costs payable forthwith
(20) A4C BCSC – Appointment to assess bill of costs for Kwok and Translink
(21) A4C BCSC – Notice of Discontinuance (Kimberly Woolman & Estate of Jaqueline Woolman)
(22) A4C BCSC – Notice of Discontinuance (Amy Muranetz)
(23) A4C BCSC – Notice of Discontinuance (Federico Fuoco & Fire Productions Ltd.)