A word of advice: when a party to a lawsuit dies, it’s best to have their name removed. It can look pretty silly when this isn’t done, as is the case with former B.C. Premier, John Horgan.
Action4Canada has (surprisingly) filed their Amended Notice of Civil Claim, or NOCC. They, and their counsel, have decided to keeping spamming the Courts by resubmitting content similar to what’s been struck as “bad beyond argument”.
And “spamming” is how one can describe this.
It’s hard to imagine at this point that it’s being done in good faith. There’s only so many times the Courts — and online trolls — can explain the same points to “Canada’s top Constitutional lawyer”. 5 separate Courts have struck similar pleadings, yet the new one here is more of the same.
To be somewhat balanced, there are genuine improvements. The length has been cut from 391 pages down to 54. The claims about Bill Gates, Klaus Schwab, GAVI, the World Economic Forum, etc… have been removed. The allegations pleaded by the various Plaintiffs are better organized, and more readable. And since this is older content being refiled, the Statute of Limitations shouldn’t be much of a factor. Overall, this version is far easier to follow.
Briefly, here are the positions as alleged.
- Action4Canada: An advocacy group, with an interest in the rule of law
- “Jane Doe”: Mistreatment by the hospital for not honouring mask exemption
- Ilona Zink: Lost her business in 2020 due to forced shutdowns
- Valerie Ann Foley: Forced from Vancouver public transit, assaulted, over no mask
- Linda Morken: Refused service over no mask, arrested for refusing to leave
- Gary Morken: Fined over no mask, had to pick up Linda
- Pastor Randy Beatty: Church services disrupted over lockdown measures
- Brittany Wilson: Nurse, forced from her career over mask and vaccine requirements
Hard to believe, but there *might* be valid Causes of Action. That said, this is hardly the groundbreaking Claim we were all led to believe was coming.
True, there were initially other Plaintiffs, but they left in 2022, following the comically bad performance of Galati and the “bad beyond argument” decision.
That being said, the newer version goes considerably downhill in many ways, compared to the original. It introduces new errors that weren’t present in 2021, and leaves many older problems unfixed. The new errors were likely the result of copying portions of more recent claims.
One of the most comical screwups is that Action4Canada and the other Plaintiffs are still suing John Horgan. He died of cancer a month ago, and the story was national news. While other parties were removed from the Style of Cause (names at the top), Horgan is still there. It’s not his estate that’s being sued, it’s him personally, which is now impossible.
But don’t worry, it gets much, MUCH worse.
Galati Content Previously Struck By 5 Different Courts
For some additional context, here’s the recent Dorceus review, which outlined the frustration the Courts are feeling about Galati refiling the same cases.
(1) British Columbia Supreme Court (Justice Ross)
Action4Canada v British Columbia (Attorney General), 2022 BCSC 1507 (CanLII)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) British Columbia Court of Appeal (Justices Marchand, Dickson, Voith)
Action4Canada v. British Columbia (Attorney General), 2024 BCCA 59 (CanLII)
https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html
(3) Federal Court of Canada (Justice Fothergill)
Adelberg v. Canada, 2023 FC 252 (CanLII)
https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(4) Federal Court of Appeal (Justices Gleason, Boivin, LeBlanc)
Adelberg v. Canada, 2024 FCA 106 (CanLII)
https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html
(5) Ontario Superior Court of Justice (Justice Koehnen)
Dorceus v. Ontario et al., 2024 ONSC 7087 (CanLII)
https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html
5 separate Courts: (a) 2 Federal Courts; (b) 2 British Columbia Courts; and (c) the Ontario Superior Court have all thrown out similar pleadings. Justice Chalmers, also in Ontario, took a hardline as well.
This is “Bank of Canada” level bad.
Now, what’s wrong with the current Action4Canada NOCC?
1. Galati STILL Seeks Relief Outside Civil Court Jurisdiction
Galati has been told REPEATEDLY by various Courts to seek only Relief that is within the jurisdiction of the Court. Different types of Courts have different roles, and they need to respect each other. This is obvious, and shouldn’t need explaining.
Except Galati does need to have this explained again and again. Once more, he seeks Relief surrounding: (a) Nuremberg Code; (b) Helsinki Declaration; (c) Criminal Code of Canada, (d) Convention on the Rights of the Child, and more. One has to suspect he simply doesn’t read decisions in his own cases.
2. “Relief Sought” Section Runs Nearly 13 Pages, Is Unworkable
Galati pleads the the section on Relief Sought from paragraph 96 (page 35) to paragraph 121 (page 47). This amounts to nearly 13 pages. Keep in mind, this isn’t 13 items he’s asking for. It’s 13 pages. It’s based largely on facts that aren’t pleaded, and expert evidence improperly listed.
Worth mentioning, the original A4C Claim had 44 pages of Relief Sought, and covered the same sorts of non-justiciable issues. While shorter, it hasn’t really improved in terms of quality.
3. Galati Again Using Pseudo-Legal Concepts To Argue Case
A problem that regularly creeps into his cases is that he cites authorities that don’t have a place in modern Canadian jurisprudence, such as the English Bill of Rights. From the CSASPP defamation case, Justice Chalmers had this to say:
[75] In the e-mail to Mr. Dicks, Mr. Gandhi states that lawyers who reviewed the Ontario claim, “said it was very poorly drafted” and “will most likely get struck”. I am of the view that there is justification for this comment. The Ontario pleading is prolix and argumentative. The claim advances pseudo-legal concepts and conspiracy theories that the pandemic was pre-planned and executed by the WHO, Bill Gates, the World Economic Forum and unnamed billionaires and oligarchs. The similarly drafted A4C claim was struck by Justice Ross. In doing so, he described the pleading as “bad beyond argument”.
Another of his favourites is the Magna Carta. While it’s recognized as a historical document, it simply isn’t used in modern times as a basis for law.
4. Relief Sought Over Torts No Plaintiff Pleaded
A common problem with the Amended NOCC is that it seeks Relief based on facts that no Plaintiff actually pleaded. This problem is persistent. While too numerous to list them all, here’s one:
Paragraph 107 seeks Declaratory Relief about the so-called “vaccine passports” being imposed by the Government. The issue here is that no Plaintiff pleads anything about it. Keep in mind, the original NOCC was filed in August 2021, before these were a thing.
The closest is Brittany Wilson saying that she needed vaccination to work in health care. However, that came from her employer, not the Government — at the time.
There’s also Declaratory Relief sought that vaccine passports breach Section 6 (Mobility) Charter Rights. This was probably cut-and-pasted from the travel mandates cases. No Plaintiff pleads that they were citizens prevented from entering, remaining in, or leaving Canada. Nor do any plead that they were refused the right to move between Provinces, or to earn a livelihood elsewhere.
5. Relief Sought For NON-EXISTENT Minor Plaintiffs
Galati seeks Declaratory Relief regarding 12-17 year olds being offered vaccines. Problem is: NONE of the Plaintiffs are minors, nor are any seeking remedies for any children in their care or custody. For this to apply, at least one Plaintiff would have to be in this situation.
6. Relief Against NON-EXISTENT Municipal Defendants
In this section, Galati seeks various forms of Declaratory Relief against “Provincial and Municipal Defendants”. Problem is, there aren’t any Municipal Defendants. Perhaps this was just cut-and-pasted from another Claim.
7. Relief Sought Against NON-EXISTENT Curfews
In paragraph 97(e), Galati seeks relief surrounding various stay-at-home orders, curfews, and other lockdown measures. Thing is, these didn’t happen in B.C., where this Claim is filed. True, things were far worse in Ontario and Quebec, but this simply doesn’t apply in B.C.
8. Action4Canada Isn’t A Proper Party To This Lawsuit
The only information Action4Canada pleads is that it was co-founded in 2019 and that it “steps up” to advocate on behalf of the rule of law, the Constitution, and democratic governance. It specifically cites what happened starting in 2020.
The group seeks Charter damages pursuant to s.2 (fundamental freedoms),s.6 (mobility), s.7 (security of the person) and s.15 (equality). However, there’s no information pleaded that — even if true — would address any of these torts. There are no material facts at all. A4C clearly lacks Private Interest Standing.
Canada v. Downtown Eastside Sex Workers United, 2012 SCC 45 is the case which establishes the test for Public Interest Standing.
(a) Serious Justiciable Issue
(b) The Nature of the Plaintiff’s Interest
(c) Reasonable and Effective Means of Bringing the Issue Before the Court
In theory, A4C could argue this, but there would be serious problems, especially given that their style of litigation isn’t exactly “reasonable and effective”.
9. “Jane Doe” Isn’t A Proper Party To This Lawsuit
Something Galati routinely does is sue on behalf of anonymous Plaintiffs. This is obviously not allowed, as one has the right to confront their accusers in Court. While one may wish to not be associated with litigation, having an “open Court principle” makes this difficult.
In fact, the Dorceus ruling addressed exactly that. Justice Koehnen struck 2 “John Does” and 1 “Jane Doe” for refusing to use their real names in Court. No reason had been provided for any of them doing this. The Plaintiff in this case will meet the same fate.
10. Plaintiffs Plead No Facts About Federal Defendants (Except RCMP)
In the NOCC, it’s required for Plaintiffs to plead material facts (Rule 3-1(2)(a)), and plead particulars (Rule 3-7(17)). This is redundant, and covered many times before.
Problem is, the Plaintiffs don’t plead any facts whatsoever related to the Federal Defendants, with the exception of the RCMP. This includes:
- Justin Trudeau, current Prime Minister of Canada
- Theresa Tam, Canada’s Chief Public Health Officer
- His Majesty the King in Right of Canada
- Attorney General of Canada
- Omar Alghabra, Federal Minister of Transport
While it’s true that details in a Claim are to be assumed true, at least initially, there’s nothing in the NOCC that suggested the Plaintiffs were harmed by any of them. Their grievances now are primarily with the Provincial Defendants. A Judge will almost certainly strike the above named.
Yes, the originally NOCC contained loads of irrelevant information, but at least that version pleaded some facts about the above Parties. That’s all gone now.
11. Pleading Evidence Instead Of Pleading Facts
Rule 3-7 — Pleadings Generally
Content of Pleadings
.
Pleading must not contain evidence
(1) A pleading must not contain the evidence by which the facts alleged in it are to be proved.
Virtually everything from paragraph 37 (page 17) until about paragraph 94 (page 34) should be struck. It gets into expert evidence, which is not the role of the NOCC. That comes much later. Galati has been told this many times before, and refuses to listen. It also mentions many people: (a) Peter McCullough; (b) Peter Hotez; (c) Michael Yeadon; (d) William Haseltine, etc… who aren’t parties, and whom the Defendants likely don’t know.
12. Arguing Caselaw In A Notice Of Civil Claim
Once more, Galati tries to argue caselaw throughout the NOCC. This is likely done in order to appear smart, but is a serious mistake. The initial pleadings are not the place to dive into the law, and it’s not supposed to look like a Factum. All of those areas should properly be struck.
Will There Be Leave (Permission) To Further Amend?
That’s actually tricky to answer. Despite the Amended NOCC being full of deficiencies, it is considerably cleaned up. Courts tend to prefer to give “that extra chance”. There are allegations raised which *potentially* would be valid Causes of Action. As such, as least some of the Plaintiffs could proceed.
On the other hand, Galati is (to a large degree) simply recycling his pleadings yet again. He seems to have mostly ignored the guidance of Justice Ross, and appealed for no real reason. This pleading has many of the same defects, and adds in new ones. The B.C. Supreme Court could simply decide to end it all at the next Application to Strike.
Action4Canada has stated on countless occasions that they have tens of thousands of pages of expert reports and evidence ready to go. It’s that true, then why mess around with screwed up pleadings? Why repeatedly sabotage your own cases?
In any event, this lawsuit will never get to Trial.
Remember: the best way to control the opposition is to lead it ourselves!
ACTION4CANADA AMENDED CLAIM:
(1) A4C Amended Notice Of Civil Claim
(2) A4C Amended Claim VIHA Response
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
(20) CanLII Decision In Action4Canada Appeal
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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