Category: Canada

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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?

Ferryman-Cohen Used In Suit By Elizabeth Frederiksen

***Editor’s note: it turns out that there was another lawsuit. Elizabeth Frederiksen sued Hategan back in late 2018. She used the current name, Ferryman-Cohen. So, this appears to confirm the claim from CAHN that she hasn’t been using her real — or at least current — name.

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

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Looking At The Burke Federal Proposed Class Action (Injection Mandates)

Canadians were subjected to varying forms of lockdown measures from 2020 through 2022. Some restrictions still exist today in places such as health care settings.

As a result, a topic that’s come up numerous times is the idea of Class Actions. This is based on the concept that a single lawsuit — if carefully prepared — will be much more effective than individual claims. Many more people could potentially benefit. And indeed, such cases have sprung up.

With that in mind, it’s worth asking: how are these cases going?

One such suit filed in Federal Court is Chief Gregory Burke v. His Majesty the King, and the Attorney General of Canada. It commenced back in September 2023. To put it mildly, advancing the case doesn’t appear to be much of a priority.

There’s just the Statement of Claim and an amended version on file, both of which look to be horribly deficient. It will have to be further amended.

No Motion to Strike has (yet) been commenced. There’s no Statement of Defence. It doesn’t look like any steps have been taken to certify the case as a Class Action. The most recent action was in December 2024, advising of potential dates for a case conference. Donations are being sought still.

Counsel’s Recent Record On “Vaccine Passport” Cases

This Proposed Class Action is being conducted by Leighton Grey of the firm Grey Wowk Spencer. He has filed several related lawsuits (not Class Actions) in Federal Court in recent years. However, the trend seems to be to discontinue — drop — them, rather than push through.

(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

A search of other Court records — such as Manitoba — reveal other, related cases which were promptly discontinued. One has to wonder how diligently this one will be pursued.

Nothing Pleaded About Chief Gregory Burke, Representative Plaintiff

Most people are familiar with the more “traditional” lawsuits. In those, the details of each Plaintiff must be spelled out in the Statement of Claim, and then, the Defendants respond. They typically know from the onset exactly who is suing them, and for how much.

For (Proposed) Class Actions, the Claim pleads information about 1 or more “Representative Plaintiffs” only. There are “subgroups” or “classes” listed of prospective litigants. They still have to provide enough detail about their own circumstances. Beyond that, there’s a process to attempt to certify the lawsuit as a Class Action. A Judge may (or may not) certify.

Only a single Representative Plaintiff — sometimes called a “Token Plaintiff” — is required, provided he or she is able to qualify for all classes.

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.

Problem here: there’s nothing pleaded about Chief Gregory Burke. Federal Court Rules make it clear what’s required in a Statement of Claim. Neither the original nor the amended version provide any information about him.

Since Burke is the only Representative Plaintiff, he must give sufficient detail to at least theoretically support all of such Claims. True, other Plaintiffs may be added, but only if Certification is successful. It’s probably too late to amend the Style of Cause (names of Parties).

  • Section 2(a) of the Charter;
  • Section 6 of the Charter (Mobility)
  • Section 7 of the Charter (Security of the Person)
  • Section 8 of the Charter (Unreasonable Search and Seizure)
  • Section 15 of the Charter (Equality)
  • Tortious interference of economic relations
  • Tortious inducement to breach contractual relations
  • Intentional infliction of mental suffering
  • Malfeasance of public office
  • Negligent representation
  • Human rights violations

These are just some of the torts alleged in the Statement of Claim. Problem is: Grey pleads no information to support any of it. Granted, it may be true, but there’s nothing explained. Many are simply listed, with no facts or particulars to support any of it.

We know Burke’s name, and that’s about it.

Yes, the Statement of Claim can usually be amended. Keep in mind though, the case was filed nearly a year and a half ago. Shouldn’t such information already be included?

The Representative Plaintiff is Chief Gregory Burke. He is a senior who lives in Nova Scotia. He was chosen for a number of reasons, including his resistance to lockdown tyranny, which is being prosecuted there. He is also a Metis hereditary Chief who fits into both of the subclasses described in the class action.

Heck, there’s more information listed on counsel’s website than there is in the Statement of Claim.

Other Nonsense Included In Statement Of Claim

The Claim bizarrely pleads product liability and breach of implied warranty. This doesn’t make any sense. If Burke were fighting lockdown tyranny, he wouldn’t have taken any of the injections. And in paragraph 5, it’s stated that the Plaintiffs hadn’t. This would only apply if someone had taken the shot(s) and been harmed. Beyond that, it would be the manufacturers who’d be potentially liable.

Starting around paragraph 57, there are allegations that the Government had breached its duty of care to the Plaintiffs. It goes on and on about the dangers posed by “experimental vaccines”. But once again, the Plaintiffs plead that none of them took the shots.

Grey pleads the Nuremberg Code among other remedies that have no jurisdiction in a Canadian Civil Court. This is a Galati favourite, and part of the reason his cases are typically struck early on.

As for the Genetic Non-Discrimination Act, the purpose of that legislation had to do with race, ethnicity, and genetic disorders a person might have. It doesn’t apply here, yet lawyers routinely include it.

There are also allegations of interference with economic relations. For this tort to work, the Defendants would have to have done something improper or illegal to a third party that harmed the Plaintiffs. None of that is specified here. The employers would need to be identified, and the circumstances laid out.

The entire Claim reads as if Grey had simply cut and pasted from various other lawsuits, without paying much attention to how logical it all was.

Pleading Names The Subclasses (Groups of Plaintiffs)

Typically, a Class Action will name various “subclasses” of Plaintiffs. These are people who will still be part of the litigation, but whom have been impacted in different ways. Quote:

  1. “Employment Subclass“: members who have experienced job loss or adverse employment effects as a result of the Defendants’ actions. This subclass includes those who have been terminated, denied promotions, experienced decreased working hours or suffered any other professional hardship
  2. “Travel Subclass“: individuals who were prevented or prohibited from travelling due to their vaccination status. Members of this subclass have been adversely affected by the Defendants’ conduct and policies that either implicitly or explicitly restricted the mobility rights of unvaccinated individuals, thus causing significant disruption to both their personal and professional lives.
  3. “Dual Impact Subclass“: is unique in that it encapsulates members who fall within both the aforementioned subclasses.

As stated before, there’s no information pleaded about Burke. He may very well have valid claims both regarding employment and travel, but there’s nothing provided.

Timeline Of Major Events In Case

September 23rd, 2023: Statement of Claim filed.

October 5th, 2023: Government sends notice that it will respond and defend.

November 1st, 2023: Associate Judge Michael D. Crinson and Justice Mandy Aylen are assigned to be case management Judges for the suit.

December 10, 2023: Defendants contact Court, asking that any Statement of Defence be deferred until after Certification Motion has been heard and determined.

June 3, 2024: Statement of Claim (Plaintiff Class) filed with the Court.

December 19th, 2024: Letter from Plaintiff’s lawyer about case management dates.

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

That’s where things currently stand. No Statement of Defence has been filed. There’s no Motion to Strike (yet), though presumably one is coming. And the process for a Certification Motion hasn’t even been started.

“2024-10-07
Current Status: The Statement of Claim was filed on 25 September 2023. A Federal Court action with a similar fact pattern recently faced a Motion to Strike Application to amend the Statement of Claim. We await online production of the Amended Statement of Claim to better assess whether further refinements are required in our action. In the interim a Case Management Conference has been requested. Scheduling of same is pending.”

An October 2024 status update may shed some light on things. The current plan is apparently wait to see what happens in some similar case, and then further amend this suit. So… to just wait and see, and piggyback off of someone else. Shouldn’t clients be talking to that lawyer then?

The case is nearly a year and a half old, and there’s just the Statement of Claim. Could such a case be certified and advanced? Maybe, but it doesn’t seem very urgent.

(1) Burke T-2008-23 Statement Of Claim (September, 2023)
(2) Burke T-2008-23 Intent To Respond (October, 2023)
(3) Burke T-2008-23 Crinson Assigned (November, 2023)
(4) Burke T-2008-23 Crinson Order (December, 2023)
(5) Burke T-2008-23 Amended Statement Of Claim, Plaintiff Class (June, 2024)

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Review Of Westjet Injection Pass Lawsuit, Dropped In April 2023

Countless times in the last few years, we come across announcements about lawsuits being filed to challenge so-called injection passports. There’s initially plenty of hope and optimism that meaningful results will force Governments to change their ways. And a suit filed against Westjet in the Fall of 2022 was one such example.

The suit named:

  • His Majesty The King in Right of Canada
  • Attorney General of Canada
  • Westjet Group Inc.
  • Westjet Airlines Ltd.
  • Westjet Encore
  • Westjet Vacations Inc.
  • Swoop Inc.

These announcements are typically followed up with requests for donations, or solicitations for more clients, and more fees. There’s never really “enough” money.

But all too often, there won’t be any new reporting.

This is usually because they’re quietly dropped. And that’s exactly what happened here.

Shoddy Claims Being Recycled In Federal Court

The Westjet lawsuit should look familiar. It was filed by Leighton Grey of the firm Grey Wowk Spencer. It’s one of many filed in recent years that went absolutely nowhere.

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

Grey has been in the press many times since 2020, often for filing a high profile lawsuit. That said, rarely does anything ever come of it. These cases are typically struck or discontinued (dropped).

And here, “The Discontinuer” is at is again.

Once Again, No Material Facts Or Particulars Pleaded

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.

Regular readers will have heard the terms “pleading facts” and “pleading particulars”. While the numbering systems differ, the Rules are the same across Canada. In short, there must be enough detailed information in a lawsuit that the opposing side is able to understand, and respond.

JURISDICTION PLEAD FACTS PLEAD PARTICULARS
Federal Court Rule 174 Rule 181
British Columbia Rule 3-1(2)(a) Rule 3-7(17)
Manitoba Rule 25.06(1) Rule 25.06(11)
Ontario Rule 25.06(1) Rule 25.06(8)
Nova Scotia Rule 38.02(2) and (3) Rule 38.03(3)

One of the reasons Grey’s claims are typically so short is that he rarely pleads any facts. Despite having over 100 Plaintiffs, the suit is less than 25 pages. Once again, there’s no specific information about any Plaintiff, other than they are/were employees of Westjet. There’s nothing about:

  • Who is a current employee v.s. who left?
  • Who had no shots, 1 shots, 2 shots, or more?
  • Who worked remotely v.s. who worked in person?
  • Who got any sort of severance pay?
  • Who (if anyone) was subject to any bonus or performance contract?
  • Were there different unions, and any overlapping, or different policies?
  • Who raised which specific objection to taking the injections?
  • Who attempted which type of exemption method?
  • Which specific religious objections (for those who invoked it) applied and how?
  • Who went to grieve with their union?
  • What were the results of any internal grievance?

This isn’t to defend the policy at all. However, from a due process perspective, there’s so little information contained that it’s impossible to defend against. Basic information must be pleaded for each Plaintiff. Grey includes none of it.

None of the Charter violations are pleaded properly either. While (initially) the Court is to accept everything as true, there is very specific information that must be alleged to make it possible to advance.

There’s also a lack of particulars. The suit makes all kinds of allegations of malice, bad faith, and malfeasance of public office, but doesn’t spell out any of it.

The Claim and Amended Claim include allegations which a Civil Court doesn’t have jurisdiction over, such as relying on the Criminal Code of Canada.

Looking at the: (a) Canada Post; (b) CNR; (c) Purolator; and now (d) Westjet pleadings, it’s clear that it’s the same suit just tweaked a little. Grey merely changes the names in the Style of Cause (the Parties) and refiles elsewhere.

Clients are paying (presumably) good money for recycled garbage.

Westjet Has Collective Bargaining Agreement For Employees

Westjet employees appear to be part of CUPE Local 4070, which is one of many unions. Unsurprisingly, there is a collective bargaining agreement which outlines most of the important things involved.

Article 30 lists the various steps involved, and the people who are involved. Like many unions, Arbitration and not litigation, is considered to be the final one. Article 31 then goes through the process itself.

Grey discontinued the case rather than have the jurisdiction challenged. He has done this with multiple lawsuits now.

Now, Umar Sheikh and Angela Wood showed a way around the grievance requirement in another Federal case. Specifically, they argued that the introduction of the injection pass was a new condition imposed “without meaningful consultation”. Basically, the way mandates were implemented circumvented the grievance process. They successfully stopped a Motion to Strike.

Perhaps Grey could have done the same.

Timeline Of Major Events In Case

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

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

November 20th, 2022: Case management is ordered.

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

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

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

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

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

April 12th, 2023: Lawsuit is discontinued.

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

And that’s how this Westjet case concluded.

The Government (and the Westjet Defendants) threatened to bring Motions to Strike. The likely reasons were the lack of jurisdiction, and the shoddy nature of the pleadings. Rather than fight, the lawyer dropped the case. He never even tried to fight back.

Before even a single Motion could be argued, the entire lawsuit was discontinued. Plaintiffs are presumably out of luck for any retainer fees they’ve paid.

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

UNION DOCUMENTS:
(1) https://www.cupe4070.ca/collective-agreements
(2) Westjet CUPE 4070 Collective Bargaining Agreement