Police On Guard Case: Nothing Since Filing 15 Months Ago

You probably haven’t heard any concrete or specific updates from Notice Of Application concerning the lawsuit that was filed in April 2021. The most likely reason is that nothing has happened in the 15 months since the initial Notice of Application.

Why continue to follow up? A few reasons. First, knowing the truth about these publicly funded cases is important. After all, people have donated. Second, so that false hope isn’t attached to cases that will never go anywhere. Third, it’s not just the obvious people whose activities need to be monitored.

For anyone interested in SEARCHING CASE FILES, click on this link. A free account can be created. If you have the court file number, it can be instantly searched.

Recently, a follow-up article showed that Vaccine Choice Canada’s lawsuits (both of them) had been dormant since 2020.

As for some detailed critiques of various challenges, see here and here for some of the more obvious flaws and defects. How does this happen, unless intentionally?

Another Notice Of Application was filed in April 2021, concerning masks on students in Ontario schools. The 2 documents are virtually identical, suggesting a cut-and-paste creation for the second. And likewise, there’s no activity going on, nor anything in the foreseeable future.

Again, members of the public can SEARCH FOR FREE as to the updates on such cases. Instead of taking the word of people who have incentives to drive fundraising — or some reporter on the internet — go check the cases for yourselves.

Ontario Superior Court, Civil Branch
330 University – Toronto
330 University Ave.
Toronto ON M5G 1R7

Court file# CV-20-00643451-0000

Civil – Superior Court of Justice
tel. 416-327-5440 (front desk)

CSD.SCJRecords(at)ontario.ca (records department)

An ambitious person showing initiative can also verify what’s been happening with various cases by contacting the court directly, or by visiting. There are many options.

  • 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. No movement at all since Statement of Claim filed.
  • 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.
  • 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. Awaiting decision for Application to Strike given the exceptionally poor quality drafting of the Statement of Claim

Not too encouraging, is it?

There had been claims floating around starting in 2021 about affidavits of evidence that totaled in the thousands of pages. Problem is: if they actually exist, they haven’t been filed anywhere. One possible explanation is that this was deliberate deception to soothe over the concerns of donors with the lack of record activity.

Apparently a new suit has been filed in Federal Court. (Archive is here). While not written well, it’s nowhere near as bad as some of the other Claims. It’s only been a month, so too soon to determine where that goes. However, if recent history is any indication, it will likely sit for months or years with no activity.

To readers who have donated to these “lawsuits”: you may want to seriously consider demanding a refund. It seems very unlikely that this is what you thought was really going on.

Vaccine Choice Canada Suit: 2 Years Later, No Defenses Filed

Word is that Vaccine Choice Canada is supposed to have a live online meeting to discuss various anti-lockdown lawsuits. Presumably, their highly publicized case from July 6, 2020 will be covered. This is Ontario Superior Court (Toronto) #CV-20-00643451-0000. Word is trickling through social media right now about it.

Just a prediction, but there probably won’t be many (if any) specifics given about this case. The meeting will be bland. There’ll likely be vague statements about “making progress”, or the suit “working it’s way through the system”. So, let’s get into some specifics.

The problem is: this case has been sitting dormant for the last 2 years. There have been no defenses filed, no motions, applications, hearings, or anything else.

The above screenshots from the court search are from today. They aren’t old.

For anyone interested in SEARCHING CASE FILES, click on this link. A free account can be created. If you have the court file number, it can be instantly searched. Other information can be found here.

Other than Windsor-Essex County and their Medical Officer of Health, none of the other defendants even have representation listed. CBC, for their part, claims they weren’t served, but just “obtained an unredacted copy”. This implies they got it from the Court itself.

According to the Toronto Court, the only other item on file is a Notice of Intent to Defend, from Windsor-Essex County. That was filed September 30, 2020.

Yes, there was a moratorium on filing deadlines. That expired on September 14, 2020, so there’s no reason not to have sent anything afterwards.

There are serious questions that need to be answered. Has everyone even been served? Why are most service addresses missing? How come no one filed a defense? How come none of the major parties even have representation? And why was it written so poorly?

Additionally, claims have been made that various affidavits of evidence have been filed, and they amount to the thousands of pages. Problem is, they likely don’t exist. One phone call to the Toronto Court confirmed that no such documents are on record.

Considering no one ever filed a defense, why was no effort to seek a default judgement ever undertaken? There’s nothing on file to indicate that any attempt was made. This is something that even self-represented litigants would know about.

Now, the argument has been made that no one besides parties to the case have the right to dig into this. This is disingenuous. Considering that the public is constantly on the receiving end of requests donations, it’s fair to inquire where the money has gone, and what’s been happening. Rumour has it that several million dollars has already been raised for this lawsuit.

Ontario Superior Court, Civil Branch
330 University – Toronto
330 University Ave.
Toronto ON M5G 1R7

Court file# CV-20-00643451-0000

Civil – Superior Court of Justice
tel. 416-327-5440 (front desk)

And again, by checking this link, anyone can SEARCH ONLINE FOR FREE to see what’s happening with various cases. Don’t accept the word of anyone here, but check it out for yourselves. Call the Court, or visit in person if that’s a feasible option.

Since everything is filed online these days, the Court staff can send emails with pdf attachments of case documents (if originally sent electronically). It’s incredibly easy to get ahold of such information.

If this really is such an urgent case, why has nothing happened in 2 years?

Vaccine Choice Canada also has another suit from October 2019. This is Ontario Superior Court (Toronto) #CV-19-00629810-0000. It has to do with vaccinating students in Ontario schools. The pleadings closed in March 2020, and it seems nothing has happened since. It also appears to have been financed with public contributions.

Also, consider that according to Rule 24 of Civil Procedure for Ontario, a case can be dismissed for delay if everyone hasn’t been served within 6 months, or if it’s been stagnant for 6 months. Both of these lawsuits would qualify under that Rule.

Note: This was published November 2020 (4 months after the initial filing). It’s been followed up on several times since. Even back then it was apparent that this “groundbreaking” lawsuit would go nowhere.

People who donated money should be asking these questions. And those who took the funds really need to come clean on what’s been happening. Clearly, no lawsuit(s) is/are being advanced.

(1) https://www.ontario.ca/page/search-court-cases-online
(2) https://www.ontariocourts.ca/scj/
(3) https://vaccinechoicecanada.com/resources/vcc-live-calendar/
(4) https://www.cbc.ca/news/health/coronavirus-charter-challenge-1.5680988
(5) https://twitter.com/1dariuszj/status/1546901658436714496
(6) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(7) https://canucklaw.ca/wp-content/uploads/2021/07/vaccine-choice-canada-lawsuit-unredacted-version.pdf
(8) https://twitter.com/VaccineChoiceCA/status/1546664225875152898

Action4Canada Finally Has Hearing Over Application To Strike

May 31, 2022: Action4Canada finally had a hearing over its August 17, 2021 lawsuit against the B.C. Government, Canadian Government, and various other named and unnamed parties. The decision is reserved, and will be issued sometime in the future.

This session was based on multiple applications filed by Defendants to strike the pleadings as being frivolous, scandalous, vexatious, prolix, and otherwise an abuse of process.

Striking differs from dismissing in that the Court is not being asked to make a determination on the merits. Instead, the documents themselves are challenged. In this case, it was argued that the 391 page Statement of Claim was so convoluted and poorly written, that it was impossible to determine what the case was.

As painful as this is to admit, they’re not wrong about this.

Without completely rehashing the original assessment, here are the major parts of the civil procedure that are worth noting:

Rule 3-1 — Notice of Civil Claim
Notice of civil claim
(1) To start a proceeding under this Part, a person must file a notice of civil claim in Form 1.
.
Contents of notice of civil claim
(2) A notice of civil claim must do the following:
.
(a) set out a concise statement of the material facts giving rise to the claim;
(b) set out the relief sought by the plaintiff against each named defendant;
(c) set out a concise summary of the legal basis for the relief sought;
(d) set out the proposed place of trial;
(e) if the plaintiff sues or a defendant is sued in a representative capacity, show in what capacity the plaintiff sues or the defendant is sued;
(f) provide the data collection information required in the appendix to the form;
(g) otherwise comply with Rule 3-7.

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
.
.
Documents and conversations
(2) The effect of any document or the purport of any conversation referred to in a pleading, if material, must be stated briefly and the precise words of the documents or conversation must not be stated, except insofar as those words are themselves material.
.
When presumed facts need not be pleaded
(3) A party need not plead a fact if
(a) the fact is presumed by law to be true, or
(b) the burden of disproving the fact lies on the other party.

This isn’t hard. Broadly speaking, a lawsuit must do 3 things:
[1] Briefly set out the facts as alleged
[2] Set out what remedies are being sought
[3] Briefly list what important laws will be relied on

Instead of following these simple rules, a 391 page mess was dropped on the Courts last year. Even someone researching for the last 2 years would have considerable difficulty following along.

Rule 9-5 — Striking Pleadings
.
Scandalous, frivolous or vexatious matters
(1) At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading, petition or other document on the ground that
.
(a) it discloses no reasonable claim or defence, as the case may be,
(b) it is unnecessary, scandalous, frivolous or vexatious,
(c) it may prejudice, embarrass or delay the fair trial or hearing of the proceeding, or
(d) it is otherwise an abuse of the process of the court,
.
and the court may pronounce judgment or order the proceeding to be stayed or dismissed and may order the costs of the application to be paid as special costs.

In short, the Defendants alleged that the Plaintiffs failed to meet even the basic requirements of a pleading, as laid out in Rules 3-1 and 3-7 of the Rules of Civil Procedure for B.C. The remedy sought was to strike the case, as outlined in Rule 9-5.

There is considerable vindication for the previous critique of this lawsuit, for what it’s worth. One doesn’t have to be lawyer to see how plain and obvious the defects are.

Yes, there was a considerable amount of truth in the Statement of Claim. However, it was such an incomprehensible mess that it would be next to impossible to sift through. While a bitter pill to swallow, the various Defendants had valid reasons to try to strike it. That’s what any sensible person would have done in that position.

At the hearing, the Government lawyers essentially argued the points in the Notices of Application, outlining why this Claim was so poorly written.

The issues with the Claim:

  • It is 391 pages long
  • It has over 1300 paragraphs and subparagraphs
  • It seeks over 200 declarations
  • Its rambling and disjointed nature makes it difficult to follow along
  • It’s impossible to separate fact from speculation or conjecture
  • It contains mostly irrelevant or redundant material
  • It goes on at length about non-parties
  • It seeks criminal remedies (improper for a civil case)
  • It seeks the kind of international relief a B.C. Judge can’t provide
  • Its tone comes across as unhinged and ranting

The Claim contains many footnotes from various media sources, which is improper to include in a lawsuit. While the content is interesting, that alone could lead to the Claim being struck.

The Governments also argued that the case was brought for improper purposes, such as causing harassment to various Officials. As proof, they introduced the Notices of Liability that had been downloaded from the Action4Canada website.

It was confirmed that Action4Canada had raised in excess of $750,000 for this case. It was pointed out that despite this amount of money, there was no activity besides the convoluted Statement of Claim.

Action4Canada accepts no responsibility or liability for any harms or losses that occur as result of delivering this notice. If you do not agree to these terms then please do not use this notice. We do not make any representations or warranties about the potential consequences of delivering this Notice of Exemption/Non-Consent (eg. removal of child from a private school). A parent/legal guardian must decide what is in the best interest of their child.

It’s darkly amusing that there is a portion on the website that explicitly states Action4Canada assumes no responsibility or liability for using their forms.

The Responding Parties (Plaintiffs) essentially had one main argument: a case shouldn’t be thrown out just because it’s complicated or difficult. People reading this article should see the Claim itself, and come to their own conclusions.

The Plaintiff’s arguments for the Application (overall) actually weren’t that bad. However, considering how shoddily the Claim was written, there’s likely no saving it.

The Application was supposed to have been heard on February 3rd, 2022, but an alleged illness from the Plaintiff’s lawyer pushed that back until April 5th. That was again delayed for medical reasons. Interestingly, it was admitted that the only reason it was heard on May 31st was that the Defendants’ lawyers refused to consent to further extensions of time. Perhaps they thought a 4 month delay was long enough.

It’s still unclear why co-counsel Lawrence Wong couldn’t have taken the case. He is a B.C. lawyer with 35 years experience, and was called to the Bar in 1987.

One has to wonder what’s even the point at this stage. Even on the remote chance this suit were successful, what good comes from it? It’s been 2 years, and some 90% or so of the country has taken the shots (for a non-existent virus). Was the goal to run out the clock?

Do the Plaintiffs not know that they will be on the hook for very substantial Court costs once this case is thrown out?

It was interesting that the B.C. Government referenced the recent defamation case of Kulvinder Gill. This was a $12.75 million lawsuit filed in late 2020. It was found to be completely baseless, and dismissed as a SLAPP, or a Strategic Lawsuit Against Public Participation.

Side note on that case: despite the suit being thrown out as having no merit, a Notice of Appeal was filed. However, it seems that the Appeal Books themselves never arrived. On May 12, 2022, the Registrar’s Office issued a Notice of Intent to Dismiss for delay. The new deadline was May 31. The Respondents/Defendants say they still received nothing, so, presumably that Appeal is over as well. It’s alleged that getting the original SLAPP decision cost over $1.3 million, or about $55,000 for each Defendant. If this is true, Gill and Lamba will have to dig deep.

As for the Vaccine Choice Canada suit from July 6th, 2020, that’s going nowhere as well. It’s been left to sit for 2 years, and can be dismissed for delay at any time. No Default Judgement was ever sought. This is in addition to many other serious defects. The Police On Guard and schools cases could probably also be dismissed for delay, as they’ve each sat dormant for over a year.

The B.C. Court has reserved the decision (deferred it), and this is pretty typical. It’s unknown when the ruling will be handed down for Action4Canada, and the other Plaintiffs.

Prediction: the Action4Canada case will be struck in its entirety, without leave (permission) to amend. We can expect appeals after that, though it would be far more productive to have just done a proper Claim from the beginning.

It’s disheartening to have to cover content like this. That said, far too few people do any due diligence before handing over money. And many don’t seem to care even when the facts are laid bare.

It’s curious that none of the “freedom lawyers” will call out the nonsense that others put out, no matter how poorly written. What, is there some gentlemen’s agreement in place?

Of course, the requests for donations are still ongoing, which isn’t surprising. Despite the fact that this case is supposedly 100% funded, Action4Canada continues to ask for money. And when the Claim is struck, there will probably be more requests for help to finance appeals.

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
(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

OTHER
(11) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_00
(12) https://canucklaw.ca/action4canada-statement-of-claim-fatally-defective-will-never-make-it-to-trial/
(13) https://canucklaw.ca/delay-prevents-action4canada-case-from-being-immediately-thrown-out/
(14) https://canucklaw.ca/action4canada-case-to-be-put-off-indefinitely/
(15) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1279/2022onsc1279.html
(16) https://canucklaw.ca/wp-content/uploads/Notice-of-Appeal-and-Appellants-Certificate-Gill.pdf
(17) https://canucklaw.ca/wp-content/uploads/Gill-and-Lamba-Appeal-Notice-of-Intention-to-Dismiss-Appeal-for-Delay.pdf
(18) https://action4canada.com/covid-liability-notices/
(19) https://action4canada.com/court-update-may-31-2022/
(20) https://canucklaw.ca/vaccine-choice-canada-lawsuit-fatally-defective-will-never-make-it-to-trial/

Action4Canada Case To Be Put Off Indefinitely

This is a follow-up to the Action4Canada lawsuit, filed in B.C. Supreme Court in Vancouver, back in August 2021. This comes after a year of begging and panhandling for money.

So, did the donors get their money’s worth? Not at all.

Far from being the work of legal experts, the final product was nearly 400 pages and extremely disjointed. It demanded millions of dollars, cited non-Canadian laws, demanded international remedies, went on tirades against non-parties, and was mostly comprised of irrelevant material. This Claim wasn’t just poorly done, but must have taken considerable effort to mangle in such a way. See the earlier review on exactly what was wrong with it.

As an extra layer of absurdity, the lawyers who wrote this piece of work have about 70 years of combined experience between them. This wasn’t done by Articling students or interns.

In a move that was entirely foreseeable, the Defendants filed Applications to strike out the Statement of Claim in its entirety. It’s also alleged that the Notices of Liability available to download were being used to harass public officials, and drive up donations.

The hearing was supposed to take place on February 3rd, concerning those Applications. It was expected to last most of a day.

That got pushed back to April 5th, due to an alleged serious illness from counsel.

However, that April 5th hearing never happened. According to the Court staff, the hearing has been postponed indefinitely. There is currently no date set down to review the Application. There’s also no indication or tentative date as to when things will progress.

It’s unclear why Lawrence Wong can’t represent the Plaintiffs for the Application. He is a B.C. lawyer, and was called to the Bar in 1987. Presumably he’s capable of handling this.

To avoid confusion here: this is just an attempt by the Attorney General and others to get the case tossed. It’s not a Trial, or any real progress in anti-lockdown challenges.

Also, striking pleadings is not the same as dismissing a case. Dismissing means terminating a case on its merits, while striking refers to serious defects with the documents themselves. Quite simply, the Attorney General’s argument is that the case is so convoluted, confusing, and incoherent, that it would be a waste of everyone’s time to go any further.

And they’re not wrong.

Is it difficult to meet the minimum threshold? Not really, as long as a few Rules of Civil Procedure are followed for all B.C. cases.

Rule 3-1 — Notice of Civil Claim
Notice of civil claim
(1) To start a proceeding under this Part, a person must file a notice of civil claim in Form 1.
.
Contents of notice of civil claim
(2) A notice of civil claim must do the following:
.
(a) set out a concise statement of the material facts giving rise to the claim;
(b) set out the relief sought by the plaintiff against each named defendant;
(c) set out a concise summary of the legal basis for the relief sought;
(d) set out the proposed place of trial;
(e) if the plaintiff sues or a defendant is sued in a representative capacity, show in what capacity the plaintiff sues or the defendant is sued;
(f) provide the data collection information required in the appendix to the form;
(g) otherwise comply with Rule 3-7.

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
.
.
Documents and conversations
(2) The effect of any document or the purport of any conversation referred to in a pleading, if material, must be stated briefly and the precise words of the documents or conversation must not be stated, except insofar as those words are themselves material.
.
When presumed facts need not be pleaded
(3) A party need not plead a fact if
(a) the fact is presumed by law to be true, or
(b) the burden of disproving the fact lies on the other party.

This isn’t hard. Broadly speaking, a lawsuit must do 3 things:
[1] Briefly set out the facts as alleged
[2] Set out what remedies are being sought
[3] Briefly list what important laws will be relied on

Instead of following these simple rules, a 391 page mess was dropped on the Courts last year. Even someone researching for the last 2 years would have considerable difficulty following along.

Considering how badly this dumpster fire of a “Claim” was done, the response from the Defendants was inevitable. Why litigate a case when they can just get it struck out?

Rule 9-5 — Striking Pleadings
.
Scandalous, frivolous or vexatious matters
(1) At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading, petition or other document on the ground that
.
(a) it discloses no reasonable claim or defence, as the case may be,
(b) it is unnecessary, scandalous, frivolous or vexatious,
(c) it may prejudice, embarrass or delay the fair trial or hearing of the proceeding, or
(d) it is otherwise an abuse of the process of the court,
.
and the court may pronounce judgment or order the proceeding to be stayed or dismissed and may order the costs of the application to be paid as special costs.

This concept isn’t unique to B.C. Ontario has similar provisions with Rule 21 and 25.11, while the Federal Courts have Rule 221. They all amount to essentially the same thing.

And for clarity, the Government isn’t asking the case be thrown out because there are typos, mistakes, or that it’s sloppy overall. These kinds of cases are sent ahead all the time. No, the Application says that the Claim is so incomprehensible, rambling and scattered that it’s impossible to determine the case that must be made. They also allege that the Claim contains many, many pages which are completely irrelevant.

Again, they’re not wrong.

A cynic may wonder at this point if the goal is just to endlessly ask for extensions. That way, the Application to strike will never be heard, and the case will technically remain open. The donations can keep flowing in.

Let’s not kid ourselves here: this suit has no possibility of ever making it to Trial. There’s no amount of amendments or rewrites that will fix what’s wrong with it.

There have been rumours circulating since last Summer about Affidavits of evidence. Supposedly, these are several thousands of pages in length. This isn’t true at all. However, the statements may have been spread in order to placate nervous donors.

Any member of the public can call any Canadian Court — during business hours — and ask to see what documents are in a case. These Affidavits haven’t been filed for any of these suits, and it seems doubtful they exist at all.

Also: remember that July 6, 2020 case with Vaccine Choice Canada? This is the one where no Defences were ever filed, but no one ever sought Default Judgement. You don’t hear about that anymore, nor the one from October 2019. You don’t hear about the Police On Guard case either.

In other news, there has been an update with regards to Kulvinder Gill and Ashvinder Lamba. These are the doctors who tried to bankrupt 2 dozen people, mostly over mean words on Twitter. After their case was (predictably) dismissed as a SLAPP, the Defendants are alleging that they spent some $1.3 million obtaining that Judgement. While that sounds high, it works out to about $55,000 each, which is plausible. Anyhow, Notice of Appeal has been served, and it looks just as frivolous as the original Claim.

Interesting priorities. The Gill/Lamba case is being appealed, despite it being a matter between private parties, and having no outcome on the public. Meanwhile, anti-lockdown cases are dormant.

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
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19

(9) Notice of Appeal and Appellants’ Certificate – Gill
(10) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1279/2022onsc1279.html

REVIEW
(A) https://canucklaw.ca/action4canada-statement-of-claim-fatally-defective-will-never-make-it-to-trial/
(B) https://canucklaw.ca/delay-prevents-action4canada-case-from-being-immediately-thrown-out/
(C) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_00
(D) https://canucklaw.ca/vaccine-choice-canada-lawsuit-fatally-defective-will-never-make-it-to-trial/
(E) https://canucklaw.ca/another-toronto-court-challenge-but-will-this-one-actually-go-anywhere/
(F) https://canucklaw.ca/wp-content/uploads/2020/10/vcc-soc-ontario-redacted-october-24-2019.pdf

Delay Prevents Action4Canada Case From Being Immediately Thrown Out

Action4Canada and other Plaintiffs were supposed to be in Court on February 3rd, in order to address 2 Applications (here and here) filed back in January. But due to an extremely convenient medical illness, this has been pushed back until April 5th. It’s unclear why Lawrence Wong didn’t simply step up, as he’s been a B.C. lawyer since 1987.

Private matters generally aren’t worth covering. However, their August 2021 lawsuit is a very public case, and has involved soliciting public donations since 2020. It’s fair that people know its true status: that it’s on the verge of being struck.

For all the money that was sunk into getting this lawsuit off the ground, it never stood a chance.

It feels odd to have a previous piece age so well. Back in August 2021, this site critiqued the 391 page lawsuit filed by Action4Canada in Vancouver. The basic premise was that the Notice of Civil Claim was drafted so poorly, it didn’t stand a chance in hell of making it to trial.

To be more specific, the Notice of Claim didn’t follow (at all) Rules 3-1, and 3-7 of BC Civil Procedure. These outline how pleadings are to be drafted. The logical remedy — from the Defendants’ position — would be to file a Motion or Application to strike based on Rule 9-5. This rule allows cases to be struck for a number of reasons, including for being “frivolous, vexatious, or an abuse of process”. Pleadings can also be struck if they don’t disclose a reasonable cause of action.

To make a distinction here: dismissing and striking are not the same thing. Dismissing a case usually means a Judge has made a determination about the merits of the case. By contrast, striking means attacking the pleadings themselves.

For those wondering what “struck without leave to amend” means, here’s an explanation. Sometimes, the Court will “give leave” or permission, to make changes to the pleadings (allowing content to be added or deleted). This is typically meant for very minor issues. For serious problems, such as with this lawsuit, the defects are so extensive that the Court won’t allow it.

Anyone with a rudimentary understanding of civil procedure would have looked at Action4Canada’s case and saw where this was going.

Now the other shoe has dropped, and at least 2 Applications have been filed. The first is from the various Provincial Defendants, and the other from Vancouver Island Health Authority and Providence Health Care. They are trying to strike the case for essentially the same reasons outlined on this site back in August, 2021.

To state the obvious: this doesn’t mean supporting or advocating for the medical martial law measures that have gone on in the last 2 years.

Nonetheless, it’s pretty difficult to argue with the premise of the Application. Specifically, Defendants are trying to get the case struck as being “frivolous, scandalous, vexatious, prolix, and an abuse of process”. This isn’t just written in a shoddy manner, but it’s over-the-top ridiculous.

The Claim contains many pages of completely irrelevant material, seeks remedies outside the Court’s jurisdiction, and makes allegations against people who aren’t parties (and presumably haven’t been subpoenaed). It’s also extremely disjointed and difficult to follow along with.

It’s hard to believe that 2 very senior, very experienced lawyers could draft this garbage. Combined, they have nearly 70 years of legal work completed. While the Claim does contain a fair amount of truthful information, it’s written so badly that no Judge will ever consider it.

By contrast, the Notices of Application were extremely well written, to the point, and raised many fatal defects in the Notice of Civil Claim. Again, this isn’t to defend the Horgan/Henry regime, but their lawyers make a compelling case as to why this should be thrown out. Although there are 2 Applications, the content is very similar.

3. The Claim is a prolix and convoluted document that is replete with groundless accusations against public officials, inflammatory language, and conspiracy theories.

6. The Plaintiffs’ Claim is deficient in form and substance. It is a scandalous, frivolous, and vexatious pleading that fails to meet the basic requirements for pleadings and is an abuse of the Court’s process. The Claim should be struck in accordance with Rule 9-5(1) of the Supreme Court Civil Rules, without leave to amend.

Pleadings Generally
7. Supreme Court Civil Rule (the “Rules”) 3-1 provides, in part:
Contents of notice of civil claim
(2) A notice of civil claim must do the following:
(a) set out a concise statement of the material facts giving rise to the claim;
(b) set out the relief sought by the Plaintiff against each named defendant;
(c) set out a concise summary of the legal basis for the relief sought;

(g) otherwise comply with Rule 3-7. [emphasis added]

8. Rule 3-7 provides, in part:
Pleading must not contain evidence
(1) A pleading must not contain the evidence by which the facts alleged in it are to be proved.

Pleading conclusions of law
(9) Conclusions of law must not be pleaded unless the material facts supporting them are pleaded.

General damages must not be pleaded
(14) If general damages are claimed, the amount of the general damages claimed must not be stated in any pleading. …

9. The function of pleadings is to clearly define the issues of fact and law to be determined by the court. The plaintiff must state, for each cause of action, the material facts. Material facts are those facts necessary for the purpose of formulating the cause of action. The defendant then sees the case to be met and may respond to the plaintiff’s allegations in such a way that the court will understand from the pleadings what issues of fact and law it will be called upon to decide.
.
Homalco Indian Band v. British Columbia, [1998] B.C.J. No. 2703 (S.C.), para. 5

10. As the Court of Appeal recently held in Mercantile Office Systems Private Ltd. v. Worldwide Warranty Life Services Inc., 2021 BCCA 362, para 44:
None of a notice of claim, a response to civil claim, and a counterclaim is a story. Each pleading contemplates and requires a reasonably disciplined exercise that is governed, in many instances in mandatory terms, by the Rules and the relevant authorities. Each requires the drafting party to “concisely” set out the “material facts” that give rise to the claim or that relate to the matters raised by the claim.
None of these pleadings are permitted to contain evidence or argument.

Application to Strike
11. Rule 9-5(1) provides:
Scandalous, frivolous or vexatious matters
(1) At any stage of a proceeding, the court may order to be struck out or amended the whole or any part of a pleading, petition or other document on the ground that
(a) it discloses no reasonable claim or defence, as the case may be,
(b) it is unnecessary, scandalous, frivolous or vexatious,

(d) it is otherwise an abuse of the process of the court

12. A pleading may be struck under Rule 9-5(1) if it is plain and obvious that the pleading contravenes any of Rule 9-5(l)(a) through (d).
.
Knight V. Imperial Tobacco Canada Ltd, 2011 SCC 42 at para. 17

Rule – 9-5(l)(a)-The Notice of Civil Claim Discloses No Reasonable Claim
14. The Claim is premised upon non-justiciable questions and relies heavily upon international treaties, Criminal Code provisions, and unknown causes of action that are incapable of disclosing a reasonable cause of action for the purposes of Rule 9-5(1)(a).

16. The Plaintiffs allege numerous violations (and non-violations) of the Criminal Code that are not properly raised in a civil action (Simon v. Canada, 2015 BCSC 924, para. 45); including:

17. The Plaintiffs allege numerous violations of international legal instruments, unwritten constitutional principles, and causes of action unknown to law that are not actionable in Canadian courts (Li v. British Columbia, 2021 BCCA 256, paras. 107-109; Toronto v. Ontario, 2021 SCC 34, para. 5), including the following:

19. The general rule that facts pleaded should be accepted as true for the purposes of a strike application does not apply in a “case like this where the notice of civil claim is replete with assumptions, speculation, and in some instances, outrageous allegations. The law is clear that allegations based on assumption and speculation need not be taken as true.”
.
Willow v. Chong, 2013 BCSC 1083, para. 19
See, also, Simon v. Canada, 2015 BCSC 924 [“Simon”], para. 54

20. The Plaintiffs have failed to plead the concise statement of material facts that is necessary to support any complete cause of action. The Charter claims are inextricably bound up in a prolix, argumentative, and wildly speculative narrative of grand conspiracy that is incapable of supporting a viable cause of action. It is impossible to separate the material from the immaterial, the fabric of one potential cause of action or claim from another, or conjecture and conspiracy from asserted facts.
.
Fowler v. Canada (Attorney General), 2012 BCSC 367, para. 54
Simon, supra, paras 54-59

9-5(l)(b) The Notice of Civil Claim is Scandalous, Frivolous and Vexatious
Scandalous and Embarrassing
22. A pleading is scandalous if it does not state the real issue in an intelligible form and would require the parties to undertake useless expense to litigate matters irrelevant to the claim.
.
Gill v. Canada, 2013 BCSC 1703 [“Gill”], para. 9

23. A claim is also scandalous or embarrassing if it is prolix, includes irrelevant facts, argument or evidence, such that it is nearly impossible for the defendant to reply to the pleading and know the case to meet. Pleadings that are so prolix and confusing that it is difficult, if not impossible, to understand the case to be met, should be struck.
.
Gill, supra para. 9
Strata Plan LMS3259 v. Sze Hang Holding Inc., 2009 BCSC 473, at para. 36
Kuhn v. American Credit Indemnity Co., [1992] B.C.J. No. 953 (S.C.)

24. The Claim is a scandalous pleading because it is prolix, confusing, and nearly impossible to respond to:
a. The 391 page Claim attempts to plead dozens of causes of action and Charter breaches and seeks over 200 declarations. It is, as a result, nearly impossible to know the case to be met.
b. The Claim contains extensive passages of completely irrelevant information, including:

Rule 9-5(l)(a) and (d) – The Claim is Vexatious and an Abuse of Process
28. Little distinction exists between a vexatious action and one that is an abuse of process as the two concepts have strikingly similar features.
.
Dixon v. Stork Craft Mamifacturing Inc., 2013 BCSC 1117

29. Abuse of process is not limited to cases where a claim or an issue has already been decided in other litigation, but is a flexible doctrine applied by the court to values fundamental to the court system. In Toronto (City) v. Canadian Union of Public Employees, Local 79 (CUPE), [2003] 3 S.C.R. 77, the court stated at para. 37:
.
Canadian courts have applied the doctrine of abuse of process to preclude relitigation in circumstances where the strict requirements of issue estoppel (typically the privity/mutuality requirements) are not met, but where allowing the litigation to proceed would nonetheless violate such principles as judicial economy, consistency, finality and the integrity of the administration of justice.

30. Vexatious actions include those brought for an improper purpose, including the harassment and oppression of other parties by multifarious proceedings brought for purposes other than the assertion of legitimate rights. Where it is obvious that an action cannot succeed, or if the action would lead to no possible good, or if no reasonable person can reasonably expect to obtain relief, the action is vexatious.
.
Lang Michener Lash Johnston v. Fabian, [1987] O.J. No. 355 [“Lang Michener”], at para. 19

33. The Applicants submit the Claim has been brought for an improper purpose. The Plaintiffs and their counsel must know, or ought to know, that a 391 page Claim seeking over 200 declarations concerning alleged criminal conduct and the efficacy of public health measures “cannot succeed … [and] would lead to no possible good”: Lang Michener, supra.

34. The Claim is intended, at least in part, to intimidate and harass health authorities, public officials and politicians, including the Provincial Health Officer, by advancing spurious, public allegations of criminal conduct, conflicts of interest, and ulterior motives. This intention is further corroborated by the Plaintiff Action4Canada’s simultaneous campaign to encourage individuals to serve government officials and politicians with “Notices of Liability” for their actions in responding to the COVID-19 pandemic (Affidavit #1 of Rebecca Hill, Ex. G, I).

35. The Claim is also intended, at least in part, to consolidate, publicize, and amplify COVID-19 conspiracy theories and misinformation. The Claim is a book-length tirade against the entirety of British Columbia’s response to the pandemic, with dozens of quotes from, and hundreds of footnotes to, anti-mask, anti-lockdown, and anti-vaccine resources. Both Action4Canada and its counsel have promoted the Claim online and on social media
.
(Affidavit #1 of Rebecca Hill, Ex. D, K).

36. These are improper purposes to file and prosecute a civil action. There can be no question that the Claim is an abuse of process. Permitting this litigation to proceed would violate the principles of judicial economy and the integrity of the administration of justice.

The above quotes came from the January 17 Notice of Application. Re-read the original Notice of Civil Claim and ask: what are they wrong about?

The Applications get into allegations that Action4Canada is causing harassment of Government Officials as a result of their behaviour. This is where things get more interesting:

This Application also contains an Affidavit from Rebecca Hill. She apparently works for Mark Witten, the lawyer for the B.C Defendants. She’s alleging that the “Notices of Liability” that Action4Canada provides have led to the bombardment of Government Officials. From the information provided, it’s strongly implied that this is done in order to drive up the donations.

By extension, it wouldn’t take much to argue that the entire Notice of Claim was a stunt to get more people handing out money.

Remember those notices you downloaded, filled out, and submitted? Guess what? Many of them, and the emails, are now saved as evidence by the B.C. Government.

Author’s note: since the Vancouver Court has apparently not scanned the entire Affidavit, the attachments are not available. That may be for the best, as there is contact information.

It’s also worth pointing out: the Defendants are asking for costs as well. This is pretty much inevitable, once the case is thrown out. It seems unlikely that any Plaintiff has given this serious thought. For a reference point, Adam Skelly was hit with a $15,000 cost award, just for trying to open his restaurant. Given the size and vexatious nature of the Action4Canada case, it’s quite possible for everyone to be on the hook for several thousand dollars each. Keep in mind, court costs aren’t dischargeable in bankruptcy.

Once more, this isn’t an attempt to defend the B.C. Government. That said, the Claim was written in such a convoluted way, it never stood a chance. One has to ask why it really happened.

Back in October, Action4Canada posted a reply to the response they received from the B.C. Government. It’s amusing that they act indignant that Rule 9-5 was quoted verbatim. Spoiler: if you want a Court to toss a case, you have to cite the law that allows it.

Whether this case is decided on April 5, or is set back again, the ultimate result is the same. Once a Judge sits down with the lawsuit, it’s getting struck without leave to amend.

It’s not just the B.C. case that will be struck. The Ontario ones will be soon as well. Many will remember this filing from July 6, 2020. More than a year and a half later, there are still no defenses filed, no motions, no applications, no scheduled appearances.

In fact, under Rules 14 and 24 of civil procedure in Ontario, all of these idling cases could probably be dismissed at any time for unnecessary delay.

One other thing to consider is the Statute of Limitations. For most things in Ontario and B.C., a person has 2 years to commence legal action. Now, if a case is filed, but sits for years and is simply dismissed, it may be too late to start another. This doesn’t stop the clock. Something to think about.

Prediction: once the B.C. case is struck (for the reasons listed above), the Ford regime will then make similar Applications for the Ontario cases.

Other than wasting a lot of time and money, what has this actually accomplished?

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
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19

Vaccine Choice Canada Lawsuit Fatally Defective, Will Never Make It To Trial

This article concerns a lawsuit from July 6, 2020, which had previously been talked about. This is the challenge from Vaccine Choice Canada and several individuals which was supposed to end all regulations and medical martial law in Canada.

Instead of that, this lawsuit is no closer to Trial than it was 14 months ago. There are still no defenses filed. In fact, other than Windsor-Essex Country and their MOH, Wajid Ahmed, no one else is even listed as having a lawyer. Rather than file an application for a default judgement, Vaccine Choice Canada has been content to let it sit forever, and just ask for donations. This is clearly designed to go nowhere, but that is never made clear to the people who get solicited for money.

And no, it’s not their only case. There is another filed on October 24, 2019, to challenge mandatory immunization of students. There has been no movement on that since March 2020, when the pleadings ended.

The shoddy work of the 2020 case had been critiqued before, however, it’s long time to take a look at the Rules of Civil Procedure in Ontario. Let’s see exactly why this is due to fail, assuming it were ever challenged. It’s not enough to say that a document is garbage. Instead, it must be explained “why” that is the case.

Recently, the suit from Action4Canada was critiqued, and much the same defects were noted. That will never get to Trial either.

As with the last review, the pleadings are so awful, that it’s difficult to believe this was done by accident. This doesn’t look like the work of a lawyer with 35-40 years of experience, but someone who is trying to ensure a case gets bogged down.

To be clear, this isn’t a defense of Trudeau, Ford, Tory, or any of their authoritarian operatives. That being said, it’s impossible to pretend that this lawsuit actually stands a chance in Court.

To start off, let’s look at a few parts of the Ontario Rules for Civil Procedure. This will list the specifics which are relevant here.

RULE 2.1 GENERAL POWERS TO STAY OR DISMISS IF VEXATIOUS, ETC.
STAY, DISMISSAL OF FRIVOLOUS, VEXATIOUS, ABUSIVE PROCEEDING
Order to Stay, Dismiss Proceeding
.
2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1.

RULE 18 TIME FOR DELIVERY OF STATEMENT OF DEFENCE
TIME FOR DELIVERY OF STATEMENT OF DEFENCE
18.01 Except as provided in rule 18.02 or subrule 19.01 (5) (late delivery of defence) or 27.04 (2) (counterclaim against plaintiff and non-party), a statement of defence (Form 18A) shall be delivered,
.
(a) within twenty days after service of the statement of claim, where the defendant is served in Ontario;
(b) within forty days after service of the statement of claim, where the defendant is served elsewhere in Canada or in the United States of America; or
(c) within sixty days after service of the statement of claim, where the defendant is served anywhere else. R.R.O. 1990, Reg. 194, r. 18.01.

NOTICE OF INTENT TO DEFEND
18.02 (1) A defendant who is served with a statement of claim and intends to defend the action may deliver a notice of intent to defend (Form 18B) within the time prescribed for delivery of a statement of defence. R.R.O. 1990, Reg. 194, r. 18.02 (1).
.
(2) A defendant who delivers a notice of intent to defend within the prescribed time is entitled to ten days, in addition to the time prescribed by rule 18.01, within which to deliver a statement of defence. R.R.O. 1990, Reg. 194, r. 18.02 (2).
.
(3) Subrules (1) and (2) apply, with necessary modifications, to,
(a) a defendant to a counterclaim who is not already a party to the main action and who has been served with a statement of defence and counterclaim; and
(b) a third party who has been served with a third party claim. R.R.O. 1990, Reg. 194, r. 18.02 (3).

If a Defendant doesn’t file a defence after 20 days, the Plaintiff can go seek a default judgement. This essentially means (if granted) the case would effectively be over. Note: a Defendant can still file a notice of intent, which buys them an extra 10 days. It does not stop the proceedings entirely.

RULE 19 DEFAULT PROCEEDINGS
NOTING DEFAULT
Where no Defence Delivered
.
19.01 (1) Where a defendant fails to deliver a statement of defence within the prescribed time, the plaintiff may, on filing proof of service of the statement of claim, or of deemed service under subrule 16.01 (2), require the registrar to note the defendant in default. R.R.O. 1990, Reg. 194, r. 19.01 (1); O. Reg. 113/01, s. 3.

CONSEQUENCES OF NOTING DEFAULT
19.02 (1) A defendant who has been noted in default,
.
(a) is deemed to admit the truth of all allegations of fact made in the statement of claim; and
(b) shall not deliver a statement of defence or take any other step in the action, other than a motion to set aside the noting of default or any judgment obtained by reason of the default, except with leave of the court or the consent of the plaintiff. R.R.O. 1990, Reg. 194, r. 19.02 (1).

According to the Rules, if a Defendant never bothers to file any sort of response, the facts are considered to be admitted. However, an application for default judgement has to actually be submitted.

RULE 24 DISMISSAL OF ACTION FOR DELAY
Where Available
24.01 (1) A defendant who is not in default under these rules or an order of the court may move to have an action dismissed for delay where the plaintiff has failed,
(a) to serve the statement of claim on all the defendants within the prescribed time;
(b) to have noted in default any defendant who has failed to deliver a statement of defence, within thirty days after the default;
(c) to set the action down for trial within six months after the close of pleadings; or
(d) Revoked:
(e) to move for leave to restore to a trial list an action that has been struck off the trial list, within thirty days after the action was struck off.

Although it’s unclear who was served, Rule 24 could apply for a variety of different reasons. It’s also worth noting that Rule 14.08 specifies that a Statement of Claim must be served within 6 months of being filed.

RULES OF PLEADING — APPLICABLE TO ALL PLEADINGS
Material Facts
.
25.06(1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved. R.R.O. 1990, Reg. 194, r. 25.06 (1).
.
Pleading Law
.
(2) A party may raise any point of law in a pleading, but conclusions of law may be pleaded only if the material facts supporting them are pleaded. R.R.O. 1990, Reg. 194, r. 25.06 (2).

Documents or Conversations
.
25.06(7) The effect of a document or the purport of a conversation, if material, shall be pleaded as briefly as possible, but the precise words of the document or conversation need not be pleaded unless those words are themselves material. R.R.O. 1990, Reg. 194, r. 25.06 (7).

In other words, the pleadings should not contain long quotes. References or short mentions are fine, but there isn’t supposed to be entire paragraphs or pages for this. These aren’t some abstract or archaic concepts, but are pretty basic in terms of drawing up documents.

Claim for Relief
.
25.06(9) Where a pleading contains a claim for relief, the nature of the relief claimed shall be specified and, where damages are claimed,
.
(a) the amount claimed for each claimant in respect of each claim shall be stated; and
.
(b) the amounts and particulars of special damages need only be pleaded to the extent that they are known at the date of the pleading, but notice of any further amounts and particulars shall be delivered forthwith after they become known and, in any event, not less than ten days before trial. R.R.O. 1990, Reg. 194, r. 25.06 (9).

This should be commonsense, but if money is going to be demanded (and there are multiple Plaintiffs), one needs to specify who gets what. This avoids confusion and arguments later on.

PARTICULARS
25.10 Where a party demands particulars of an allegation in the pleading of an opposite party, and the opposite party fails to supply them within seven days, the court may order particulars to be delivered within a specified time. R.R.O. 1990, Reg. 194, r. 25.10.

A demand for particulars is what gets served when the claim or application is convoluted to understand. This would be another option here. The Defendants could quite reasonably reply with a request that it be made clear what the other side actually wants.

STRIKING OUT A PLEADING OR OTHER DOCUMENT
25.11 The court may strike out or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document,
.
(a) may prejudice or delay the fair trial of the action;
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the court. R.R.O. 1990, Reg. 194, r. 25.11.

These Rules around pleadings are pretty similar to Rule 3-1 and 3-7 in the British Columbia Supreme Court Rules of Civil Procedure. There are minor differences, but the regulations around drafting and serving pleadings is much the same. Now, let’s get into some specific criticisms.

1. No Concise Set Of Material Facts Pleaded In Statement Of Claim

Rule 25.06(1) states that every pleading shall contain a concise statement of the material facts. This is not at all concise. This 191 page filing is rambling, redundant, and contains bald allegations without underlying facts listed to support them.

As one example, look at page 21 and Cindy Campbell. Instead of briefly stating facts, this goes on and on about her story. These long, bloated paragraphs make it impossible for the other side to simply admit or deny allegations. This is done very poorly. It continues with Groza, Lepe, Spizzirri and Shepherd.

In fact, the bulk of the SoC doesn’t belong here, and would certainly be struck if challenged by the Defendants. More on that coming up.

2. Relief For Each Claimant Not Stated In Statement Of Claim

Rule 25.06(9)(a) spells out that the amount for each Claimant (or person suing), must be stated clearly. On page 18, there is a request for $11 million, but it appears to be against CBC only. Moreover, it isn’t clear who exactly it’s supposed to go to.

Against the Crown and Municipal Defendants, no money is sought, only declarative and injunctive relief. That’s right, Trudeau, Tam, Ford, and co. aren’t being sued for a penny.

Apparently, brevity isn’t the name of the game here. The relief sought runs from page 4 to 18, and is incredibly repetitive and redundant.

3. Evidence Being Pleaded In Statement Of Claim

Rule 25.06(1) does demand that facts be pleaded, however, it also states that evidence MUST NOT be included. From pages 82 to 103, there are many quotes are references to other experts who have differing views. While that is fine in principle, this is not the place to do it. If they have value as experts, then they need to be called to give evidence at a later time. None of that should be in a SoC.

Also, throughout the document, media articles are often cited and included in the footnotes. That may be fine in other contexts, but Court pleadings is not one of them.

4. Long Quotes Also Abundant In Statement Of Claim

Rule 25.06(7) instructs that the “effect of a document or the purport of a conversation, if material, shall be pleaded as briefly as possible, but the precise words of the document or conversation need not be pleaded unless those words are themselves material”. In short, we don’t need the entire story told here. Keep it brief.

As just one example, look at page 82. What follows are lengthy quotes from various experts. This goes on for several pages, and should not be included in an SoC. If they are relevant, then the people speaking those words need to be called as expert witnesses at a later date.

5. Making Conclusions Without Supporting Facts

Rule 25.11 allows the court to strike out pleadings that:
(a) may prejudice or delay the fair trial of the action;
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the court.

Beginning at page 146, the SoC goes on to make sweeping declarations on a variety of subjects, despite having little to no foundation. While the bulk of the content is true, underlying facts haven’t been included. There are references to media articles, but again, that shouldn’t be there. The SoC is such a mess that the entire document would probably get thrown out if a motion were filed.

Despite a lot of the content being truthful, all allegations in the SoC will be open to challenge by opposing parties. Countless witnesses would have to be called to prove this, and much more. This is written up in such a way that it would be impossible to bring to trial in any reasonable amount of time — notwithstanding it just sitting for a year.

6. Issues With Denis Rancourt’s Pleadings In Statement Of Claim

Denis Rancourt’s introduction starts on page 39 of the SoC, and yes, he has quite the accomplished background as a researcher and academic.

However, it doesn’t look like any facts are pleaded that would implicate the Defendants. On page 40, it’s stated that Research Gate removed an article, and on page 41, YouTube removed his videos. But they aren’t being sued, so this is irrelevant. He also claims that CBC wouldn’t air his work, which is probably annoying, but doesn’t seem to give rise to a lawsuit.

Page 42 goes on to assert that Rancourt’s free speech and expression rights have been violated. But this appears to be making bald assertions or conclusions without pleading necessary facts.

On page 86, Rancourt is quoted as an expert, which may cause issues considering he’s a Plaintiff here. He’s also listed as a mask expert in the Police On Guard case.

7. Service Likely To Be Challenged (If It Ever Happened)

This may seem pretty basic, but the addresses for service have to be included in the SoC. All of them must be, even if multiple parties can be served at the same address. Only a handful are in this case (seen in page 2 and 3). Should the Defendants stop ignoring this case, it may become a real problem.

Then again, it’s an open question how many of these parties have been served at all. The only ones we can be sure of are Windsor-Essex County and their Doctor. The Ontario Superior Court in Toronto, replied to several inquiries that there was nothing filed beyond that notice of intent from WEC. No affidavits of service, even months later.

CBC News has obtained an unredacted copy of a lawsuit launched by an anti-vaccination advocacy group against the government response to the coronavirus crisis, the details of which can now be independently verified and publicly reported for the first time.
.
The lawsuit was filed July 6 in the Ontario Superior Court of Justice in Toronto by Aylmer, Ont.-based Vaccine Choice Canada and seven individuals. The legal action is a challenge under Canada’s Charter of Rights and Freedoms to the country’s pandemic response measures, including compulsory face masks, the closure of businesses and the enforcement of physical distancing.

In an August 2020 article, CBC claimed that they had “obtained an unredacted copy” of the lawsuit. They imply they were never served, and only got a copy of contacting the Court itself. Whether this is true or not is unclear, but pretty damning if it is. Interestingly, it’s mentioned how the case might get dismissed because it doesn’t comply with the rules, and doesn’t justify a lot of its allegations. CBC also says that Galati refused an on-the-record interview, but then threatened the network with how they cover the protests. All of this sounds surprisingly believable.

Granted, there was a temporary moratorium on filing deadlines last year. But that ended on September 14, 2020. There’s no valid excuse for a response to have not been sent by now.

The items listed above are not minor errors, but could easily stop an action in its tracks. Hard to believe that all of this was due to sloppiness. This isn’t some rookie associate drafting the SoC.

The reality is that the vast majority of the content in the SoC doesn’t belong here. The originating document is supposed to be concise, brief, and outline the facts to be proven. The drafting was quite shoddy, and doesn’t seem like it was ever designed with a Trial in mind.

8. Dismissal For Unnecessary Delay, Failure To Serve

RULE 24 DISMISSAL OF ACTION FOR DELAY
Where Available
24.01 (1) A defendant who is not in default under these rules or an order of the court may move to have an action dismissed for delay where the plaintiff has failed,
(a) to serve the statement of claim on all the defendants within the prescribed time;
(b) to have noted in default any defendant who has failed to deliver a statement of defence, within thirty days after the default;
(c) to set the action down for trial within six months after the close of pleadings; or
(d) Revoked:
(e) to move for leave to restore to a trial list an action that has been struck off the trial list, within thirty days after the action was struck off.

What we have is a situation where:
[1] The Government won’t try to strike defective pleadings.
[2] The Plaintiff won’t seek default judgement on a non-response.

Nothing has happened to this suit in a year. Outside of collusion or some kind of agreement, there’s no real explanation. But that hasn’t stopped Vaccine Choice Canada and their lawyer from doing a media blitz last summer. Even as donations flooded in, it was never disclosed that what the situation was. Well meaning people were led to believe that this case was being pursued diligently.

In reality, the Defendants could file a motion to dismiss this case at any point.

This case used to be prominently posted on the Vaccine Choice Canada website. It’s now not as easy to find, unless one knows where to look.

Now, there have been recent claims that these affidavits of evidence (in the thousands of pages) were being compiled to drop on the Government. Even if true, no Judge is going to read documents of that length. Additionally, it won’t help when the flawed SoC gets thrown out, for the reasons listed above.

If exposing Trudeau and Ford was important, just imagine what a SoC, properly drafted, could have done. Imagine all of the information and evidence that would have been flushed out during depositions and discovery. Instead, this has been a waste of time and money. In fact, it doesn’t seem like there’s any urgency to bring any of the Constitutional Rights Centre cases ahead.

Despots like Trudeau and Ford are despicable people, but at least we know they are enemies. It’s the people masquerading as allies who are harder to put up with.

To anyone still donating to these scams, think long and hard about it.

(1) https://canucklaw.ca/wp-content/uploads/2021/07/vaccine-choice-canada-lawsuit-unredacted-version.pdf
(2) https://www.ontario.ca/laws/regulation/900194
(3) https://canucklaw.ca/action4canada-statement-of-claim-fatally-defective-will-never-make-it-to-trial/
(4) https://www.ontario.ca/page/search-court-cases-online
(5) https://vaccinechoicecanada.com/media/press-release-legal-challenge-to-covid-19-measures-filed-in-ontario-superior-court/
(6) https://www.cbc.ca/news/health/coronavirus-charter-challenge-1.5680988

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