Category: SLAPP

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University Of Ottawa Files Anti-SLAPP Motion In $7 Million Defamation Suit

This is a follow-up to an August 2022 piece that outlined a defamation claim between Kulvinder Gill, the University of Ottawa, and a professor named Amir Attaran. Attaran and the University were sued for $7 million back in March 2021 over 2 insulting tweets.

Finally, there seems to be some movement. The Defendants have initiated an anti-SLAPP Motion to get the lawsuit thrown out as “gag proceedings”, or as an attempt to shut down public discourse. The hearing is set for October of 2024, a year from now.

Attaran himself responded to an inquiry, and confirmed that it’s a SLAPP Motion. He said that his demands for a public apology had been refused, and now he wants his day in Court.

Ontario has an online search tool, which makes it easy to track how cases are progressing. Court documents are also considered public records, and are open to anyone, with limited exceptions.

A Notice of Intent was filed back in June 2021, although not an actual Statement of Defence. Then the case sat idly for over 2 years. Looking at the content in the Statement of Claim, it’s not hard to see why. The quotes are from page 9.

As an aside, the date in Paragraph 34 is wrong. It references a July 28th, 2021 article, which would have been after this suit was filed.

This idiot is a doctor in Ontario. Sort of a female version of Dr. Scott Atlas.

Looks like the flying monkeys are out today for Dr. Gill.
Research shows the Russian military intelligence (the GRU) are behind the anti-science COVID conspiracy social media.
So with love from Canada.

The suit is frivolous, to put it mildly. Gill is suing for millions over a Twitter spat, which included the above statements. Anti-SLAPP laws (Section 137.1 of the Courts of Justice Act for Ontario) are meant to protect against this sort of thing.

The first tweet is insulting, but is unlikely to be considered defamation. The second one appears to be Attaran just trolling Gill.

Even if Attaran genuinely views Gill as an idiot, these remarks — while distasteful — would probably be viewed as opinion, and protected as fair comment.

An additional problem is that Gill will most likely be unable to prove that she suffered any damages as a result of these comments. Twitter is known as a cesspool, where people say rude and insulting things.

She’ll also find it difficult to convince a Judge that shutting down discourse like this will be in the public interest. Understandably, the the Courts tend to lean towards protecting speech and expression.

It’s worth pointing out there’s no requirement that speech or expression be beneficial or helpful in order to be protected as public expression. As long as it’s on a subject that a segment of the population might care about, then s.137.1 applies. The above comments were in the context of arguing over lockdown measures.

With these things in mind, the anti-SLAPP Motion is certain to prevail.

Posting these kinds of comments online won’t damage Gill’s reputation or her work prospects. However, suing over them just makes her look unhinged or vindictive.

Gill was also abandoned by previous counsel. It’s unclear, at least from what’s available here, who will be representing her at this Motion. As the 2024 date draws near, expect an update, along with more filings.

In other news:

This also isn’t Gill’s first attempt at silencing critics. February 2024, a $12.75 million suit was thrown out as a SLAPP. In October 2022, she and Ashvinder Lamba — but mostly just Gill — were ordered to pay over $1.1 million in fees to the Defendants’ lawyers. Back in December 2020, she and Lamba sued 23 people and organizations over essentially the same type of comments as this.

Instead of paying costs — as they likely can’t afford to — the ruling was appealed. It has just dragged on. At least 1 of the Respondents has made accusations that the Appeal is an attempt to circumvent the costs Order. A hearing is scheduled next week to determine whether costs must be put up in advance by Gill. More on that later.

It’s bizarre that Gill had been embraced by the “freedom movement” over the last few years. She’s done more to attempt to chill free speech in Canada than just about anyone.

DOCUMENTS
(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent
(4) Gill-Attaran Counsel Abandons Plaintiff

OTHER
(1) https://www.ontario.ca/page/search-court-cases-online
(2) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/#sec137.1_smooth
(3) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1279/2022onsc1279.html
(4) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc6169/2022onsc6169.html
(5) https://www.canlii.org/en/on/laws/stat/rso-1990-c-l12/latest/rso-1990-c-l12.html
(6) https://canucklaw.ca/wp-content/uploads/Notice-of-Appeal-and-Appellants-Certificate-Gill-2.pdf

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Respondent Lawyers Accused Of Misconduct In Action4Canada Appeal

It’s interesting what people can do when motivated. October 13th, this piece went out, publishing that the Action4Canada Appeal had been listed as “inactive” due to a failure to schedule the hearing.

Less than a week later, it’s been announced that the case has been removed from the “inactive” listings, and a hearing booked for February 14th, 2024.

Further details: Action4Canada filed an appeal on Sept. 28, 2022 and the Respondents filed their response by January 2023. The appeal could have been before the Appeal Court within 6 months however, the Respondents were not cooperative in setting a timely date. Rocco’s office consistently made every effort to work with all parties involved. If a court date is not set within a year the file is automatically put on an ‘inactive’ list. This transpired on Sept. 28, 2023 and was due to the Respondents’ ongoing delays in setting a date.

The update is accurate, at least in the sense that Appeals are automatically considered inactive if a Notice of Hearing isn’t filed within a year of the Notice of Appeal. That part is true. Section 50 of the B.C. Court of Appeal Rules spells this out.

However, it’s probably not a good idea to go around accusing the Respondent/Defendant lawyers of attempting to delay and sabotage the hearing of the Appeal. It seems unlikely that this would be protected under anti-SLAPP laws.

On the off chance that this is true, some receipts would be nice.

Also, delaying the case would make no sense from their perspective. The Appeal is baseless — as has been covered here — and focuses primarily on issues that a B.C. Civil Court has no jurisdiction to grant. It revolves around Paragraph 52 in Justice Ross’ ruling. This would be an easy case to get thrown out.

This also isn’t the first time that Government lawyers have been accused of deliberately stalling this case. Back in late 2020, there were claims that the B.C. officials had delayed service by 2 1/2 months.

This makes little sense either, as the 391 page Notice of Civil Claim, or NOCC, was a convoluted mess that was doomed to fail from the outset.

Looking at the big picture, Action4Canada has been fundraising for about 3 1/2 years now and still hasn’t put forward a valid NOCC. This will never get to Trial.

In other news:

(1) The Federal Court of Appeals will hear the Appeal of some 600+ Plaintiffs — both Government workers and employees of Federally regulated industries — on November 8th, 2023. See the background information here.

(2) Vaccine Choice Canada will be in Court for 2 days, January 30 and February 1st, 2024. This is to finally have the hearing to strike out the July 6, 2020 Claim. For anyone wondering why it took so long, it’s because it took 2 1/2 years to have a first appearance.

Factums (arguments) are due starting in November, and will be provided.

(3) Vaccine Choice’s other case, from October 2019, hasn’t gotten past the pleading stages. This is despite being filed 4 years ago. It may very well be dismissed for delay soon.

Update: Shortly after this was published, Action4Canada made significant changes to their October 19, 2023 update. They removed references to the Respondent lawyers deliberately delaying the hearing of the Appeal. Guess someone had to explain that these kind of accusations are a bad idea. Without receipts or other proof, a defamation claim was quite possible.

Remember to donate!

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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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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Statement Of Defence Filed In High Profile Bridle Lawsuit

Just before Christmas last year, a 73 page Statement of Claim was filed in Toronto, involving Byram Bridle and the University of Guelph. News of this development lit up the alternative media in Canada. It alleged a grand conspiracy to harass the Plaintiff and destroy his career. While an interesting read, it came across as being very difficult to prove.

It seemed very odd that Bridle was presented both as an expert developing Covid vaccines, and a conscientious objector fighting against Covid vaccine mandates. There’s also no virus, but that’s a discussion for another time.

And since then?

The Defendants responded with an 8 page Statement of Defence. It doesn’t really address the specific allegations, other than to issue a blanket denial. As an aside, it doesn’t appear that David Fisman is covered by this Statement.

To sum up the document in as few words as possible: “Oh yeah? Prove it.”

Several other defences are also raised:

  • The University of Guelph claims that the issues between Bridle, the school, and the various staff members are to be considered an employment dispute. As such, the Court would lack jurisdiction to hear the case, as it would likely be subjected to the collective bargaining rules, which mandate arbitration.
  • On a procedural note, the Defence points out that: (a) there isn’t a concise set of material facts provided; and (b) the Claim attempts to plead evidence.
  • It’s claimed that portions of the lawsuit would be barred by the Limitations Act. This sets time limits as to how long potential litigants have to file.
  • Section 137.1 of the Courts of Justice Act (anti-SLAPP), is raised concerning the online postings. While this would only apply to a portion of the case, everything would be put on hold until that’s resolved. That will take a year or 2.

Even if the Claim were struck because it’s poorly written — which is possible — that’s not a permanent solution. It can likely be redone.

The other defences, such as the Statute of Limitations and collective bargaining, can pose a much bigger problem. Those have the potential to get large portions of the Claim gutted.

Guelph and the other Defendants seem content to dig in, and force Bridle to actually prove his claims at Trial.

Now for the $3 million question: will anything happen to this case? Or will it remain in limbo for years, like so many dead-end lawsuits? We’ll have to see.

(1) https://www.ontario.ca/page/search-court-cases-online
(2) https://canucklaw.ca/wp-content/uploads/Byram-Bridle-Statement-Of-Claim.pdf
(3) https://canucklaw.ca/wp-content/uploads/Byram-Bridle-Statement-Of-Defence.pdf
(4) https://canucklaw.ca/byram-bridle-lawsuit-unlikely-to-ever-get-anywhere/

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Byram Bridle Lawsuit Unlikely To Ever Get Anywhere

Several people recently forwarded this lawsuit from Byram Bridle, filed just before Christmas. He’s a Professor at the University of Guelph, and has had an eventful last few years. The Claim is 73 pages long, demands $3 million, and is interesting…. to say the least.

It’s difficult to know what’s true and exaggerated, simply because it reads like a comedy skit. The Statement of Claim alleges grand conspiracies between the University of Guelph, various employees and administrators, and some “experts” online.

Also, one of the people Bridle sued is a lawyer in that Province. It appears doubtful this will go over well with the Law Society of Ontario, especially given Galati’s $500,000 suit against them and their former intake officer. That one was filed July 2022, and is facing a Rule 21 Motion to Strike.

Allegedly, they’re all working together to financially and professionally destroy Bridle, because…. reasons, or something. It’s never made clear.

On December 19th, 2022, Dr. Byram Bridle issued a Statement of Claim in Ontario Superior Court. The expert vaccinologist, and viral immunologist, states that he has been viciously and falsely attacked by some of his colleagues, with the complicity of the University administration. Some of the Defendants include the President of University of Guelph, Dean Wichtel, Administrator Arnott, Professor Pyle, Professor Weese, and Dr. David Fisman at the University of Toronto.

Also, it’s a bit unclear how to describe Bridle himself. He’s portrayed as an expert in vaccines and immunology, and was developing vaccines against Covid-19. Granted, that doesn’t exist, but that’s another issue. In the same document, he’s a vocal advocate against people getting these shots.

In this scenario, Bridle is about the only rational one. Others are trying to harass, bully, intimidate and crush him. Again, it’s hard to know what’s real, what’s exaggerated, and what’s flat out untrue.

One disturbing trend within the “freedom movement” is that many see nothing wrong with using the Courts to silence people they disagree with. Kulvinder Gill and the Canadian Frontline Nurses are recent examples.

Does Bridle have a valid case? Maybe, but as it’s written, it’s pretty hard to read without laughing. Guess we’ll have to see.

Why Bridle lawsuit will never go anywhere

Aside from the issues noted above, there’s a bigger problem. The Statement of Claim came from the Constitutional Rights Centre, which has a history of filing: (a) very poorly drafted suits; and (b) letting lawsuits sit for months or years without activity.

Here are some recent ones:

  • 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.
  • Adelberg et al. v. Attorney General et al. Federal Court #T-1089-22. Filed May 2022. Motion to Strike commenced November 2022.

Kulvinder Gill and Ashvinder Lamba are out at least $1.1 million for a failed $12.75 million defamation suit against 23 individuals and organizations. Their case was predictably dismissed as a SLAPP.

Gill and Lamba bizarrely decided to appeal that dismissal. Given how baseless the original defamation suit was, this will just lead to much larger cost awards when it’s finally thrown out. There had been talk of a second Appeal, one specific to the cost Order.

Gill has another $7 million suit pending against the University of Ottawa, and one of its professors, Amir Attaran. This is even weaker, and vulnerable to another SLAPP Motion.

Action4Canada is currently appealing an August decision to strike the 391 page Notice of Civil Claim in its entirety. Instead of simply drafting it properly, this will waste time and money.

Federal Vaxx Pass challenge is facing a Motion to Strike. Among other defects, the Attorney General notes that it’s largely a cut and paste of the Action4Canada suit.

Vaccine Choice Canada’s high profile suit from July 2020 has sat idle since the filing. It’s nearly 200 pages, and contains plenty of irrelevant information that would lead to it getting struck. It’s unclear at this point who has even been served. Note: see below.

Vaccine Choice Canada has an earlier lawsuit from October 2019. The last activity was March 2020, when the pleadings closed. That was over 3 years ago.

Police On Guard arranged for an Application, which was filed on April 20, 2021, nearly 2 years ago. It sits dormant, with no activity whatsoever. It’s disjointed and nearly impossible to understand.

Children’s Health Defense (Canada), also has an Application from April 20, 2021. It’s essentially a cut and paste of the Police of Guard version. It too has sat dormant for almost 2 years.

This is not the work of people who are truly committed to seeing their cases through. These seem much more like placeholders. There’s no reason to assume Bridle’s case will be treated with any urgency.

Finally movement with Vaccine Choice Canada case?

When perusing the Ontario Superior Court SEARCH, this was recently updated for Vaccine Choice. Apparently, there is a case conference set for January 17, 2023, which just a few weeks away.

This was a bit of a surprise, considering that the case was 2 1/2 years old, with no activity. Most likely, this conference is to set down a hearing date for a Motion to Strike. After all, the case is still in its infancy, and is nowhere near ready for a trial. The Parties haven’t yet appeared even a single time.

The 191 page document doesn’t comply with the Rules of Civil Procedure, so this outcome shouldn’t be a surprise to anyone. Also see here, and see here.

If the Ontario Attorney General is going to attempt to have this suit thrown out, the above reviews will outline what to expect.

As for the Bridle lawsuit, don’t expect it to go anywhere, anytime soon. It wouldn’t be a shock if it just remained idle for the next 3-5 years.

BRIDLE LAWSUIT
(1) Byram Bridle Statement Of Claim

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) Federal Court Vaccine Mandate Challenge Motion To Strike
(4) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(5) Federal Court Vaccine Mandate Challenge Responding Motion Record

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_
(13) A4C Notice Of Appeal September 28 2022
(14) A4C Dismissal Order As Entered By BCSC

VACCINE CHOICE CANADA COURT DOCUMENTS:
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service

VACCINE CHOICE CANADA LAWSUIT (2019):
(1) VCC – Statement Of Claim, October 2019 Lawsuit

KULVINDER GILL/ASHVINDER LAMBA CASE:
(1) Gill/Lamba Defamation Lawsuit December 2020
(2) Gill/Lamba Case Dismissed As A SLAPP
(3) Gill/Lamba Notice of Appeal and Appellants’ Certificate
(4) Gill/Lamba Appeal – Notice of Intention to Dismiss Appeal for Delay, May 12, 2022
(5) Gill/Lamba July 15 Letter To Obtain New Counsel
(6) Gill/Lamba Case Conference Brief July 29, 2022
(7) Gill/Lamba Endorsement New Counsel Cost Submissions August 3, 2022
(8) Gill/Lamba Case $1.1 Million In Costs Ordered October 31, 2022

KULVINDER GILL/ATTARAN/UOTTAWA CASE
(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent

POLICE ON GUARD/OFFICERS:
(1) Notice Of Application — April 20, 2021

ONTARIO STUDENTS/CHDC:
(1) Notice Of Application — April 20, 2021, Masks On Students
(2) Schools – Rule 2.1.01 Decision
(3) Schools — Notice Of Appearance Robert Kyle
(4) Schools — Notice Of Appearance Halton Durham

CHD CANADA CORPORATE DOCUMENTS:
(1) Childrens Health Defense Canada Registered Office
(2) Childrens Health Defense Canada Incorporation
(3) Childrens Health Defense Registered office & Directors
(4) Childrens Health Defense Canada Annual Return

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Canadian Frontline Nurses’ $1 Million Defamation Case Dismissed As A SLAPP

The group Canadian Frontline Nurses, CFLN, has had their million dollar defamation suit thrown out as a SLAPP. This is of course, short for strategic lawsuit against public participation. This is when the Courts are improperly used to silence speech or expression on public interest discussion.

Note: although the ruling has been handed down, it’s not yet posted publicly. It will be included here when that happens.

CFLN and 3 of its members: (a) Kristen Nagle; (b) Sarah Choujounian; and (c) Kristal Pitter, were all listed as Plaintiffs. They had sough general damages for defamation of $750,000.00, and another $250,000.00 for aggravated, exemplary or punitive damages.

This lawsuit centered around 2 articles. Are they worth $1 million?

Article posted by Canadian Nurses Association, September 9, 2021

Enough is enough: professional nurses stand for science-based health care
The reckless views of a handful of discredited people who identify as nurses have aligned in some cases with angry crowds who are putting public health and safety at risk. They have drawn in anti-science, anti-mask, anti-vaccine, anti-public health followers whose beliefs align with theirs. For some reason they would have us believe that millions of the best educated health scientists, public health experts, physicians and nurses globally have all missed something they have not. Their outlandish assertions about science would be laughable were they not so dangerous.

Now the focus is on images of surly mobs happy to stand in front of health-care settings and harass, threaten, and even assault health-care workers coming and going in the business of saving lives. These protests have stunned and saddened exhausted health-care workers. They are demoralizing, infuriating and dangerous.

Anti-public health disinformation threatens to confuse a tired and bewildered public by deliberately misrepresenting personal ideology as facts, and science as conspiracy. The public should be assured that the vast majority of Canada’s 448,000 regulated nurses are united in their commitment to operate from a stringent code of ethics, and they are duty-bound to use science, evidence, and facts in assessing, planning, and evaluating the care they deliver to people across Canada. This scientific approach is a fundamental ideology of modern nursing.

This portion of an article published by the Canadian Nurses Association was quoted to support the defamation claims against the organization and leadership.

Here’s the problem: nowhere in the article are any of the Plaintiffs named. This is a fatal error in a defamation case, as defamatory speech or expression has to be of the person(s) suing. This article could refer to anyone.

However, the Claim states that they were “referred”, and that should be enough. That’s going to be a very tough sell.

Article posted by Together News/Comox Valley, September 11, 2021

There was another article, this one from Comox Valley. While this one did mention the Plaintiffs by name, it appeared to be referencing (for the most part) quotes that they had made. While the January 6 comments seem out of place, it’s difficult to see how these leads to $1 million in damages.

Statements of Defense laid groundwork for anti-SLAPP Motion

The Canadian Nurses Association and Together News both filed Statements of Defense. They raised multiple justifications:

  • CNA statement doesn’t refer to the Plaintiffs (CNA)
  • Words themselves are not defamatory (CNA)
  • Qualified privilege (Both)
  • Responsible communication on matters of public interest (Both)
  • Truth (Both)
  • No malice (Both)
  • No damages incurred (Both)
  • Fair comment (Together News)

CFLN Responding Motion Record Of Plaintiffs
CFLN Cross Examinations Volume 1
CFLN Cross Examinations Volume 2
CFLN Cross Examinations Volume 3
CFLN Supplementary Motion Record Of Plaintiffs

Both documents reference Section 137.1 of the Courts of Justice Act, which is the legislation on which anti-SLAPP is based upon. The Defendants signaled that they would be bringing Motions on this. And that’s what they did.

Lawsuits like this actually harm freedom movement

Yes, the “health restrictions” are based on deception and distortions of reality. But this doesn’t help. Considering that these groups claim to be pro-freedom, suing critics makes it difficult to take them seriously.

In December 2020, Kulvinder Gill and Ashvinder Lamba filed a $12.75 million defamation lawsuit against 23 people and media outlets. It was (predictably) thrown out as a SLAPP. Gill still has another $7 million suit against Amir Attaran and the University of Ottawa.

These kinds of suits have exposed a certain sect of society: there are plenty of people who “claim” to support freedom, and free speech, but who don’t. Instead, we have people who selectively support speech depending on the ideology involved.

Appeal is already being promised

Canadian Frontline Nurses is promising to appeal the SLAPP ruling. This is pointless, as the Ontario Court of Appeal isn’t going to overturn any of this.

Now, are they simply getting very poor advice, or are the donations that come in making it all worthwhile?

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

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/