Action4Canada Appeal: Dude, Why Are You Even Here?

February 14th, 2024, Action4Canada finally had their day at the British Columbia Court of Appeal. While there was a large attendance in Vancouver, observers could also attend via Zoom.

It never made sense to file here. This Appeal was to challenge the ruling of Justice Ross to strike the 391 page Notice of Civil Claim (NOCC) in its entirety, but with leave to amend. In other words, the Plaintiffs were allowed to refile, they just had to follow the Rules of Civil Procedure. They weren’t shut off from seeking remedies in the Courts.

Why appeal, when the NOCC could have simply have been rewritten?

STATUS: As of now, the decision is under reserve (deferred until later). The parties agree that the NOCC should have been rewritten. Consequently, the main issue left to determine is whether costs should have been awarded, and if so, should they have been done at the end. The whole Appeal turned out to be a giant nothing-burger.

The Action4Canada case, and its legal representation, can best be described as embarrassing. It’s a clown show that never ends.

As bad as the May 2022 hearing at the B.C. Supreme Court was, the one at the Court of Appeal was even worse. The Justices actually stated that they didn’t understand what was being appealed. They couldn’t figure out why they were there, and asked for clarification. That’s something that no lawyer ever wants to hear about their case.

Since it was agreed that the Claim was “prolix”, or too long and confusing, the logical step would have been to file a new one. Instead, the Court of Appeal Justices appeared baffled at why an Appeal was lodged.

It also seemed that the Plaintiff’s lawyer didn’t understand the difference between a Court making a ruling on something, as opposed to commenting, or making “obiter remarks”. Pretty sad that after 35 years, a person doesn’t know how to read and interpret a Court decision.

The Appellants’ lawyer needed to have it explained to him that Justice Ross gave feedback so that an amended NOCC would be more compliant with the Rules. The panel stated that it was typical for litigants to get a chance to fix their case, so that it would be heard on the merits. This was quite painful to watch. Once again, after 35 years, lawyers should know what they’re doing.

Yes, Justice Ross gave plenty of background information about how he came to his conclusion. He outlined many several problems, but never ruled on any of them.

Action4Canada case was a train wreck from the beginning

First, it took nearly a year to file a NOCC in the first place, in August 2021. Action4Canada had been fundraising since the Summer of 2020 — if not sooner — but never produced anything. When the document is finally revealed, it’s a convoluted mess with no prospect of getting to Trial.

Second, in September 2021, Action4Canada instigates a defamation lawsuit against this site for criticizing the obvious and glaring flaws with the NOCC. Yes, other cases had been picked apart as well, but this appears to have been the final straw.

Third, a year later, the NOCC was struck as “bad beyond argument” for not even following the basics of Civil Procedure. Although Justice Ross only struck the NOCC as “prolix”, he outlined an almost endless amount of errors and defects contained within. The Canuck Law criticisms of the NOCC have aged very well.

Fourth, instead of swiftly filing a amended version, it was appealed in September 2022. A coherent explanation of why that happened has never been offered. Again, the NOCC could have simply been rewritten. Nor is it explicitly stated that remedies Justice Ross (apprently) improperly disallowed.

Fifth, the Law Society of British Columbia included this case in its February 2023 version of the Professional Legal Training Course for new lawyers. See page 15. It’s now to be used as an example of how not to draft pleadings. The LSBC refers to the case as “an example of a wholly inadequate pleading”. As such, the case is now the laughing stock of the legal profession in B.C.

Sixth, Action4Canada attempts to delay and defer the Appeal indefinitely. It’s only after getting called out on that is a hearing date booked.

What Justice Ross actually ordered in the August 2022 ruling

The decision from Justice Ross was very lengthy, but the order itself wasn’t.

[74] In summary:
a) I find that the NOCC, in its current form, is prolix and must be struck in its entirety;
b) I grant the plaintiffs liberty to amend the NOCC; and
c) This action is stayed pending the filing of a fresh pleading.

[75] On the issue of costs, I note that each plaintiff is pursuing this action seeking money damages from one or more defendant. In responding to those claims each defendant has been put to the expense of answering (if not filing a response) to the NOCC. In addition, the defendants have all been required to prepare for and conduct this application. None of those steps would have been necessary if the matter was properly pleaded.

[76] On that basis, I find it appropriate to award each defendant the costs for the necessary steps of “defending a proceeding”, and for preparing for and attending an application (opposed). Those costs are payable forthwith in any event of the cause.

  • The Claim is prolix (too long), confusing and incomprehensible
  • The Claim is struck, but with permission to amend (refile)
  • The case is stayed (on hold) until a new filing is sent
  • The Defendants are awarded costs for their success

Yes, Justice Ross outlined a litany of defects that the NOCC would likely have, but he made no actual determinations on any of them. He only ordered that it must be struck for being prolix.

All sides agree that original NOCC is prolix

The hearing started off with the Appellant (Plaintiff) lawyer stating that he agreed the case was prolix, and that filing an amended version was fine. That should have been the end of it, which is why the decision to appeal never made any sense.

Appeal is based on things Justice Ross didn’t rule on

Not only did Justice Ross not rule on those things, but it appears to misrepresent what he actually said. He never stated that scientific evidence couldn’t be introduced in a Court. He did however, state that determining the scientific consensus was an improper claim. See paragraph 52 (b) and (f).

Paragraph 52 also listed other things that aren’t permitted in a Civil Court, such as making finding on criminal allegations, international criminal law, the Nuremberg Code, or the Helsinki Declaration. Although Ross mentioned these things, he didn’t explicitly rule on them.

Cost awards are typically discretionary

The other part of the Appeal was that Justice Ross shouldn’t have granted the Defendants costs because success had been “divided”. Supposedly, since leave to amend was granted, it was a partial win for the Plaintiffs. By this logic, there shouldn’t have been any. Or at least, costs should have been reserved until the end.

Considering that cost awards are typically at the Judge’s discretion, it’s unclear what the error was. Successful parties typically get some sort of costs. Whether this award comes immediately, or at the end of the proceedings is again, up to the Judge.

For reference, the Plaintiffs ended up paying out approximately $13,000 total for the Applications to Strike. It could easily have been a lot worse.

What’s the point of appealing a $13,000 cost award, considering everything else that’s at stake? This is small potatoes in the big picture. Again, embarrassing is the best way to describe this.

What exactly was the point of appealing?

The Plaintiffs could have easily filed an amended NOCC, and gone ahead with the case. Justice Ross specifically granted permission to do this. It’s not like the case was struck without leave.

The only finding Justice Ross made was that the case was prolix. Yes, there were many problems outlined, but he never made any determinations on them. All sides agreed it was prolix, and even the Plaintiffs agreed a new NOCC should be filed?

Cost awards are typically discretionary, and no error of law has been pointed out. What then is the issue with this? It was only $13,000.

The hearing ended rather abruptly. All sides agreed that the original NOCC was prolix, and needed to be rewritten. It was further agreed that all of the comments about the quality of the pleading, including the types of relief sought, weren’t adjudicated back in August 2022.

The only live issue was over costs. With that, the panel adjourned, with the promise to get a written decision back quickly.

We’ll have to see how well this piece ages.

Both Action4Canada and Vaccine Choice Canada have been fundraising for nearly 4 years. In the meantime, neither of them have filed a coherent Claim, despite the urgency of the issues. It’s beyond obvious that none of these cases will ever get to Trial.

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

Vaccine Choice Canada’s Motion To Strike Pushed Back Until May 2025

Tuesday, January 30, 2024, Vaccine Choice Canada was in Court for what should have been a hearing on a Motion to Strike (or throw out) their July 6, 2020 lawsuit. The hearing did briefly take place, but had to be adjourned right away.

Due to a conflict of interest, Justice Dow had to recuse himself. It turns out that he had practiced law with one of the Defendants, Christine Elliott, and he knew her personally. He said that he considered her a friend. For obvious reasons, it wouldn’t be viewed as impartial if he were to hear the Motion.

As an aside, Justice Dow struck the 2022 suit against the LSO, for failing to state a cause of action, and failure to properly plead facts or particulars. He did allow a rewrite though.

New dates have been scheduled for May 1st and 2nd of 2025 for VCC.

It doesn’t help that so many Defendants were sued, with different law firms getting involved. Nor does it help that the Respondent (Plaintiff) attorney insisted on having 2 days to hear this Motion. The sheer length and incoherence of the Statement of Claim adds to the troubles. All of this makes scheduling difficult to achieve.

The Defendants filed 5 separate Motions to Strike, on the grounds that the 191 page claim was prolix, argumentative, not properly pleaded, frivolous, vexatious, an abuse of process, sought countless remedies (even against non-parties), and was in general, impossible to respond to. They also borrowed the term “bad beyond argument”, which became infamous after the Action4Canada and Adelberg (Federal) rulings. As despicable as various Governments have been, their criticisms of the filings were spot on.

Why are we just hearing about it now? That’s because the case hasn’t gone anywhere in the 3 1/2 years since it was filed. No Application for Injunction for mask mandates was ever filed, despite promising to do so in September 2020. No Application was filed regarding “vaccine” mandates, despite their sweeping range in 2021. Donors to this case got nothing of value for their money.

Critiques from 2021 and 2022 seem to have aged very well.

Some immediate problems include:

Case could be struck or struck for lack of proper pleading

Rule 25.06 of Civil Procedure for Ontario lays out how Claims are supposed to be drafted. Pleadings have to lay out the facts alleged, they must have specifics (particulars), allegations in law have to be supported by facts, etc… Moreover, facts have to be made against each Defendant or Respondent.

Leave to amend could be denied for refusal to draft properly

Although the Responding Plaintiffs are asking for Leave (permission) to file an amended version, the written arguments deny that there are any problems with the current version. As outlined repeatedly, the Claim fails to comply with the fundamentals of Rule 25.06.

It’s not the role of the Court to repeatedly provide basic assistance to seasoned counsel. Justice Ross did so in Vancouver, but that shouldn’t be needed. Yes, self-represented lay litigants often get some help, but there is the assumption that licensed lawyers should be competent. Perhaps that is misplaced.

Case could be struck or dismissed for failure to prosecute

This case was filed on July 6, 2020, and sat idly until the first appearance on January 17, 2023. This is some 2 1/2 years later. And even that was just to set dates for a Motion to Strike. There’s no Trial in the foreseeable future. No depositions have taken place. Nothing has happened to advance the case in any way.

Just to clarify, Vaccine actually has 2 separate lawsuits filed with the Ontario Superior Court. There is a 2019 case that few people will remember since it’s dropped off the radar. Both could be thrown out for this reason.

Case could be struck or dismissed for mootness

The Defendants in this case are asking that it be thrown out for “mootness”, claiming that the orders in question have lapsed long ago, and are no longer relevant. Nearly every measure lapsed in 2022, and we are now into 2024. Of course, the lack of interest in advancing the suit connects directly.

Counsel for VCC faces disbarment over “intimidation lawsuit”

Back in December, Justice Chalmers threw out a defamation lawsuit under Ontario’s anti-SLAPP laws. He ruled that the suit was brought to derail a complaint filed with the Law Society of Ontario, LSO, and to intimidate members of the public from bringing similar complaints. This is completely illegal.

To be clear, there are 3 separate but related suits: the Toews/CSASPP one, as well as the 2022 and 2023 ones against the LSO.

For reference: David Grant Isaac was disbarred by the LSO in November 2022. He sued more than 1 individual who had commenced LSO complaints against him. It was commented that he refuses to respect the “governing rules” of the profession. The VCC/A4C lawyer not only did this, but sued the LSO itself, twice. Ted and Tanya should be advising donors that his career is (at best) uncertain. Then again, they participated in all of this.

And that leads to the next point…

Statute of Limitations has run out on making a new filing.

Even if Vaccine Choice were to hire a competent lawyer, who wrote a proper Statement of Claim — tomorrow — Section 4 of the Limitations Act only gives a 2 year window to file. Any new Claim would presumably be time barred. This applies regardless of the strengths and merits of a new suit. In practical terms, this “venture” has run out the clock on litigants’ ability to sue.

To clarify, Vaccine Choice Canada has 2 cases pending in the ONSC:

1. Vaccine Choice Canada’s 2019 Lawsuit Dormant

Back in October 2019, VCC filed a lawsuit against the Ontario Government challenging requirements to give injections to students. A response was filed, and the case garnered some attention.

But what these people don’t tell you is that the case has been idle for 4 years now. It hasn’t had a single Court appearance since then. There have been no hearings, evidence filed, or obvious attempts to move the case forward.

Ontario Court cases are typically dismissed for delay if they haven’t reached Trial within 5 years, if there isn’t a reasonable explanation. That will happen in October 2024, less than 9 months from now.

2. Vaccine Choice Canada’s 2020 Lawsuit To Get Thrown Out

This is the one which is being addressed in the article.

Before the January 30 session concluded, Justice Dow floated the idea that the Parties see if they can come to some agreement or settlement before 2025. Everyone agreed that they would try to.

However, it’s unclear what such a settlement would look like. The 191 page Claim obviously fails to meet even a basic level of professionalism. It’s incoherent and unintelligible. While getting struck is the most likely outcome, permission might be granted for a rewrite. But at this point, it seems unlikely.

The Vaccine Choice, Action4Canada, Adelberg, Take Action Canada, Police On Guard and CHDC cases are largely duplicates of each other. Action4Canada and Adelberg have already been struck as “bad beyond argument”. The POG and CHDC cases aren’t being pursued any longer.

It’s possible that a “settlement” could be reached where the VCC case is discontinued on a no-cost basis. That sort of thing does happen. Or, counsel could demand more money, and use a denial as an excuse to discontinue. It happened elsewhere. Also, the CBC was removed as a Defendant in this case when they threatened to bring an anti-SLAPP Motion.

In the meantime, expect more requests for donations.

But don’t expect any transparency. In his Affidavit for the CSASPP anti-SLAPP Motion, Kuntz makes it clear that he’s annoyed VCC was being questioned by donors and members about the anti-lockdown suit. Apparently, the plan is to do nothing for years, so that the “litigation strategy” isn’t publicly revealed. See paragraphs 20, 25, and Exhibit “C” on page 18. A cynic might view it as a scam.

Even if the VCC suit survives (mostly) intact in the Spring of 2025, what then? It will have been almost 5 years since it was filed, and still in the preliminary stages. Dismissal for unnecessary delay under Rule 24 is always a possibility.

VACCINE CHOICE CANADA DOCUMENTS (2019 CLAIM):
(1) VCC – Statement Of Claim, October 2019 Lawsuit
(2) VCC – Statement Of Defence, October 2019 Lawsuit
(3) VCC – October 2019 Press Release

VACCINE CHOICE CANADA DOCUMENTS (2020 CLAIM):
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Discontinuance Against CBC With Cover Letter
(4) VCC – Mercer Statement Of Defense
(5) VCC – Mercer Affidavit Of Service
(6) VCC – Requisition For CPC Motion To Strike
(7) VCC – Notice Of Motion To Strike
(8) VCC – Factum WEC Wajid Ahmed
(9) VCC – Factum Nicola Mercer
(10) VCC – Factum Federal Defendants
(11) VCC – Factum Of Respondent Plaintiffs

Remember, 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.

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)

Site Shut Down? Group Promoting Lawsuit Goes Silent After Exposure

On November 10, 2023, this site covered what appeared to be a grift. This was a website promoting a lawsuit for Federal employees, and Federally regulated workers who had been injured by the experimental injections. The reason for suspecting so was that it was a largely regurgitated version of a case struck as “bad beyond argument” in February 2023.

The previous iteration called for around 600 Plaintiffs who had been forced from their jobs instead of taking the shots. This one asked for another 600 who had taken the shots, but received injuries. On the surface, it looks to be more of the same.

But after Canuck Law published a story on this new lawsuit, the following happened:

This isn’t just a one-time thing. Having checked the site for several days now, it appears to have been disabled altogether. Different browsers were also used in attempting to connect, and all unsuccessfully. Not the expected behaviour of a legitimate group, is it?

A little digging was done to learn more about the site. Here’s some information that may be useful.

The website https://fre4justice.ca was created December 18, 2022, and started off with a 2 year hosting, according to WHOIS. The information is redacted, which is not uncommon. It would take a Court order to get the names, but that’s not really necessary here. The last time it was saved on the Wayback Machine was November 18, 2023.

It’s not clear when the site went offline, but it seems to have been sometime between November 18, 2023, and December 18, 2023. This is when WHOIS says the site was modified last.

And the plot thickens.

One detail not mentioned in the last article: the site was contact by email prior to it getting published. A response came fairly quickly. When asking for details, another response came, along with a copy of the last Federal lawsuit.

While this group would apparently not be able to help me, as they already had their fill of 600 Plaintiffs, I was referred to a few alternative lawyers. As an aside, please don’t contact them, as they may have no idea about any of this. But now….

However, after the article, another email was sent, and it came back as undeliverable. It appears that email has been disabled as well.

There was even a chat function built into the site, but not anymore.

Is this what sections of the Freedom Movement have been reduced to? Soliciting donations and retainers online, and then shutting down as soon as someone blows the whistle? While the whole thing seemed a bit shady at first, closing the website like this removed any and all doubts. Probably wise to get rid of evidence.

These people must really hate the Canuck website.

FROM THE WEBSITE
(A.1) https://fre4justice.ca/
(A.2) https://web.archive.org/web/20231111011348/https://fre4justice.ca/
(A.3) fre4justice Main Page

(B.1) https://fre4justice.ca/#section-1
(B.2) https://web.archive.org/web/20231111011348/https://fre4justice.ca/
(B.3) fre4justice About Us

(C.1) https://fre4justice.ca/#section-2
(C.2) https://web.archive.org/web/20231111011348/https://fre4justice.ca/
(C.3) fre4justice Expression Of Interest

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

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) Federal Vaccine Passport Challenge Retainer Agreement
(4) Federal Court Vaccine Mandate Challenge Motion To Strike
(5) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(6) Federal Court Vaccine Mandate Challenge Responding Motion Record
(7) Federal Court Of Canada Rules
(8) Federal Court Decision On Motion To Strike (Archive)
(9) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do
(10) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(11) https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/page-9.html#h-1013947
(12) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405

PRECEDENTS CREATED
(1) https://www.canlii.org/en/ca/fct/doc/2023/2023fc280/2023fc280.html#par85
(2) https://www.canlii.org/en/ca/fct/doc/2023/2023fc929/2023fc929.html#par17
(3) https://www.canlii.org/en/bc/bcsc/doc/2023/2023bcsc1701/2023bcsc1701.html#par30

MONEY
(1) Letter to Federal Worker Plaintiffs
(2) Federal Workers Action Donation Link For PayPal
(3) Ontario First Responders Action Donation Link For PayPal
(4) School Action Donation Link For PayPal
(5) Police Officer Action Donation Link For PayPal
(6) https://www.web.archive.org/web/20220526170932/https://www.constitutionalrightscentre.ca/
(7) Federal Workers Retainer Agreement
(8) Ontario First Responders Retainer Agreement
(9) Donate To Public Citizens Inquiry
(10) Donations For Supposed B.C. Doctors Action

Take Action Canada’s Case Conference Adjourned Indefinitely, Still No Activity

January 24, 2024, the Ontario First Responders suit (organized by Take Action Canada), briefly appeared in Court for a case conference. It had been expected that this was to set down dates to bring a Motion to Strike the pleading, since it didn’t follow the Rules of Civil Procedure, or for Summary Judgement.

The lawsuit was coordinated in the Fall of 2021, but nothing was actually filed until March 1, 2023. Here we are, almost another year later.

For context, this is a lawsuit involving about 100 current and former: (a) police officers; (b) medical personnel; (c) firefighters; (d) city workers; (e) transit workers; and (f) related employees. They objected to the new requirements to take the injections in order to stay employed. However, there were a few major obstacles to this going forward.

This is not to say that coercing or pressuring people to take experimental injections, for a non-existent virus, was a legitimate move. It certainly wasn’t. Realistically though, this case will have some serious problems.

First, most — if not all — of the Plaintiffs are either employed by some level of Government, or have some kind of union or collective agreement. This means they typically have the right to grieve, which can lead to arbitration. However, they don’t necessarily have the right to sue.

Second, the pleading was written so poorly that it would likely be struck in its entirety. There are specific rules (like 25.06 in Ontario), which lay out the requirements to plead facts and particulars. Simply making bare accusations without specifics isn’t enough.

If prospective Plaintiffs are required to grieve, there are a few limited ways they can get into Court.

(1) If the grievance process is corrupted or unworkable, then the Court may allow the person in anyway. However, the burden will be on them to show that they made every effort to go through proper channels. Keeping letters, emails, texts, etc… would be very handy to have as evidence.

(2) If the matter has already gone to to adjudication or arbitration, and was unfair, a person can sometimes come to Court and ask for a review. This is analogous to appealing a verdict.

However, it doesn’t appear from the pleading that any of the Plaintiffs attempted (1). And (2) wouldn’t apply since there was no internal adjudication.

To be fair, the Amended Statement of Claim does list some 35 workers who sought to get exemptions from the injection requirement. But it still doesn’t say that they tried the formal process to grieve.

The injection mandates happened in 2021, and we are now into 2024. The Plaintiffs presumably let their ability to grieve lapse a long time ago. And even if they were to hire new counsel now, they may be time barred by the Statute of Limitations from refiling in Court. To be blunt, they have no options now.

In the big picture, a lot has been going on, it’s important to remember that this isn’t the only lawsuit happening. Plenty of bogus claims are being filed, with clients oblivious to the realities.

Timeline of major events in this matter

July 6, 2020: Vaccine Choice Canada files an $11 million lawsuit against Federal, Provincial and Municipal authorities in Ontario. The suit is almost 200 pages, incoherent, unintelligible, and fails to meet the basic requirement of Ontario Civil Procedure. Rather than immediately bringing a Motion to Strike, the Parties are okay with letting it sit idly for years. Despite the media blitz, and promises of an emergency mask injunction, there’s no activity.

Summer, 2020: Action4Canada begins regular fundraising for a challenge out in B.C., but it would be approximately a year before anything was filed.

April 20, 2021: Organized by Police On Guard, group of police officers file a Notice of Application, requesting declaratory relief and clarification about what their jobs actually involved. To date, it hasn’t had a single Court appearance, and counsel and admitted that it’s “moot” and not being pursued.

April 20, 2021: Children’s Health Defense (Canada) files a Notice of Application, requesting declaratory relief and clarification about what their jobs actually involved. To date, it hasn’t had a single Court appearance, and counsel and admitted that it’s “moot” and not being pursued. Additionally, these 2 Applications are virtual clones of each other.

August 17, 2021: The Action4Canada lawsuit is finally filed in Vancouver. It terms of being incoherent and unintelligible, it outdoes the VCC case in every way. It’s almost 400 pages, and is almost completely irrelevant in terms of pleading for CIVIL remedies in British Columbia.

Fall 2021: Take Action Canada starts to organize a challenge for “Ontario First Responders” who are going to be impacted by injection mandates. These include police, firefighters, paramedics, and transit workers. Prospective clients are asked to pay $1,500 each, for work that is being sold as top rate. (See archives here and here).

Fall 2021: Take Action Canada puts out this hit piece, gloating over the fact that this site was sued for millions for critiquing these anti-lockdown cases. (See archive here). Keep in mind that despite this, TAC hasn’t actually filed their lawsuit, and they won’t for a very long time.

May 25, 2022: The Adelberg (Federal) suit is filed, challenging injection mandates for Federal employees, and workers in Federally regulated industries. Over 600 Plaintiffs are expected to pay a retainer fee of $1,000 each, making the initial amount over $600,000.

May 31, 2022: The Action4Canada Motion to Strike is heard, with the decision being reserved, or deferred.

June 28, 2022: Ted Kuntz contacts the Law Society of Ontario and tries to assure them that there’s no basis for the Toews complaint. See page 9. He defends the practice of “not revealing [VCC’s] litigation strategy to the general public”. In a backhanded way, he admits that Toews — and everyone else — have been kept in the dark about what’s been going on.

June 28, 2022: CSASPP is sued for $1.1 million. This is (partly) for criticising the lack of activity in the Action4Canada and Vaccine Choice Canada cases. But the real goal was to subvert and undermine the Toews complaint to the Law Society of Ontario, requesting an investigation of donations. Get the backstory here and here.

June 29, 2022: The Law Society is contacted to inform them of the lawsuit against Toews, CSASPP, and its leadership. This is done to further shut down the Toews complaint.

July 12, 2022: The Law Society of Ontario is sued. This is another effort to silence the Toews complaint, and make sure it’s not heard.

July 13, 2022: Before CSASPP and the LSO are even served, the idiotic decision is made to announce their respective cases on a VCC livestream. It takes a special kind of stupid to admit publicly that someone was sued for instigating a LSO complaint. For obvious reasons this isn’t allowed, as it would allow lawyers to bypass complaints, simply by suing whoever made them.

Keep in mind, suing someone in order to ward off a Law Society complaint is something that causes lawyers to get disbarred. There is precedence for this. Suing the LSO itself is even worse.

August 29, 2022: The Action4Canada case is struck in its entirety as “bad beyond argument”. Justice Ross states that it fails to meet any minimum standards of professionalism or coherence. That said, a rewrite of the Notice of Civil Claim is allowed.

September 28, 2022: Instead of filing a proper Claim, Action4Canada appeals the ruling instead. It centered around what types of remedies a Civil Court could pursue. Problem is, none of the necessary legislation exists to allow for such remedies

January 17, 2023: Vaccine Choice Canada finally has their first Court appearance, for their 191 page Claim filed July 6, 2020. That’s right, it sat idly for 2 1/2 years. That’s on top of the October 24, 2019 lawsuit, which hasn’t had a single appearance in over 4 years.

January 19, 2023: The Adelberg Motion to Strike is heard, with the decision reserved.

February 21, 2023: The Adelberg (Federal) case is struck as “bad beyond argument”.

February 24, 2023: Angry and disgruntled clients leak this letter, which demands another $1,000 each in order to appeal the Adelberg ruling. Despite the gross incompetence of counsel, clients are expected to pay more money.

Reminder: despite all of the obvious delays and shoddy work produced to this point, the suit from Take Action Canada hasn’t yet been filed.

March 1, 2023: The Statement of Claim is eventually filed in the FR/TAC case, nearly a year and a half after injection mandates came into effect in Ontario, and elsewhere. Aside from changing the names, it’s about 90% cut-and-paste from the Adelberg (Federal) case, which had just been thrown out. It also has many of the same defects as the Action4Canada case, also struck.

March 11, 2023: Sandra Sable (who helps run Take Action Canada), and Tanya Gaw (Action4Canada) swear out Affidavits against the CSASPP anti-SLAPP Motion. The content is interesting, to say the least. The timing is also curious, as it comes only days after the TAC suit is eventually filed. A cynic may wonder if it was done as leverage in order to get the Sable Affidavit out.

March 13, 2023: Ted Kuntz of Vaccine Choice Canada swears out an Affidavit against CSASPP as well. In it, Kuntz displays anger at having being forced to explain to donors what’s going on. Apparently, he preferred to keep them — and opposing counsel — in the dark about the details of their case.

July 18, 2023: An Amended Statement of Claim is filed in the FR/TAC case. Paragraphs 9A and 22A outline some 35 employees who apparently sought exemptions, but were denied. These changes appear to be an attempt to fix some of the defects that were present in the Adelberg case.

July 31, 2023: The Law Society of Ontario is sued for a second time, while the Toews/CSASPP and other LSO complaints are still pending. While VCC/A4C/TAC and others are assuring clients and donors that their cases are being advanced, counsel is ensuring he’s forced out of the profession.

August 16, 2023: The City of Hamilton files a Notice of Intent to Defend against the FR/TAC suit. This is not the same as filing a Statement of Defence, just an indication that they will at some point.

November 24, 2023: This letter is sent to the Plaintiffs in the FR/TAC case. Presumably, they weren’t happy, and it was soon leaked. This is a demand letter for another $4,500 (per Plaintiff), otherwise, the suit may be discontinued. Considering the number of Plaintiffs, this would be close to another half million. The deadline was given as January 24, 2024. Their lawyer had already received about $150,000 from clients, and had done nothing to advance their interests.

While there were questions about the letter — as it was unsigned — the hearing did happen (sort of) on that date.

January 24, 2024: The FR/TAC suit has their first case conference, which is adjourned. There’s still be no meaningful activity, up to this point. No evidence has been sworn, no Motions or Applications filed, no witnesses called, or other hearings. As with the above cases, there’s no urgency whatsoever to bring this case forward. According to the November 2023 letter, it was to set dates for a Summary Judgement Motion.

January 30, 2024: Vaccine Choice Canada will finally have their Motion to Strike heard, after the case had been dormant for about 3 1/2 years. It’s to be held over 2 days.

This timeline matters, as there was an abundance of information available prior to Take Action Canada filing anything. It doesn’t seem that any consideration was given.

Now, let’s hear from Sandra and Ted themselves!

From the Affidavit of Sandra Sable

In her Affidavit (from the CSASPP case) Sable blames the organization, its leadership, and this website for the comments criticising the other anti-lockdown cases. She specifically states that it caused many prospective clients to either withhold funds, or to demand refunds. In short, these reviews (allegedly) threatened the financial viability of the Ontario First Responders lawsuit.

There is another way to look at this. Sable knew ahead of time that the sort of lawsuits being filed didn’t follow the basics of Civil Procedure. She also knew that they were needlessly delayed, preventing real justice. The truth was staring her in the face, yet she pushed on, soliciting for more clients.

There’s no mention of why none of the 100 or so Plaintiffs never went through the formal grievance process before attempting to litigate. At least, it’s not spelled out if they did. This is very basic employment law.

In regard to Take Action Canada, there’s no explanation offered as to why it took almost 18 months to file a Statement of Claim. It wasn’t some novel pleading, but a rehash of old ones. Beyond that, this case was a rehash of content thrown out, and more than once.

Instead of doing due diligence, Sable lashed out this site, and at CSASPP.

She bragged in 2021 about this site being sued for defamation, and sarcastically says “Good luck, Canuck Law”. Well, thanks Sandy! Good luck when you get sued for fraud, or at least negligence.

From the Affidavit of Ted Kuntz

Ted Kuntz from Vaccine Choice Canada swore an Affidavit in the CSASPP case, and an almost identical one here. And it also is very interesting.

At paragraph 20, he laments the CSASPP/Canuck postings which caused VCC members to demand answers. Although he doesn’t specify, the comments truthfully stated that there had been no meaningful activity since the July 6, 2020 filing. Understandably, clients and donors wanted answers.

Instead, Kuntz comes up with the excuse that VCC didn’t want to expose their litigation strategy, nor reveal solicitor-client information. However, the privileged information is a red-herring, as no one was demanding the release of confidential data. But there were legitimate concerns about the total inactivity, and shoddy pleading of the Claim overall. Clients and donors had real questions.

The defence of “not wanting to reveal the litigation strategy” is absurd. Anyone who has ever been involved in litigation knows you have to show your cards well in advance. The cloak-and-dagger approach isn’t received too well. Springing last minute surprises on opposing counsel is referred to as “sandbagging”, a practice Judges almost universally reject.

At paragraph 25, Kuntz indignantly rejects the idea the VCC is just another “fundraising arm”. He states that it is just a group who hired a lawyer to pursue a case.

However, this is directly contradicted by Exhibit “C”, on page 18.

Exhibit “C”, page 20, Kuntz references a newsletter which stated that VCC was involved with coordinating litigation before the CPSO, or College of Physicians and Surgeons of Ontario. It implies that VCC has helped to finance these cases as well.

For reference, none of the CPSO challenges ever went anywhere. Attempts to remove from internal investigations, and get them into Court, always failed for “prematurity”. This isn’t to condone the CPSO’s heavy handed approach, but they were doomed from the start. Similar to suing union or Government employers, it would be necessary to demonstrate that internal methods were corrupt or inadequate. That didn’t happen.

Exhibit “C”, page 20, Kuntz states that “in concert with the overall plan, other legal actions” had been filed. Page 21, item 4, it’s specifically listed that doctors who have been maligned on social media have also filed suit. This presumably refers to Kulvinder Gill’s December 2020 and March 2021 defamation lawsuits.

Gill and Ashinder Lamba are suing former counsel in a Brampton Court, but it’s a very small amount, less than $6,000. This is probably what they had to pay out of pocket personally. It seems unlikely their joint case was performed on contingency, since it was so weak. There was no prospect of winning. This raises the question of who paid the rest of the bills. And there are a few obvious suspects.

Their $12.75 million case from 2020 was thrown out as a SLAPP, and in October 2022, a cost award of $1.1 million came down. So, who really orchestrated this?

For someone who objects to the term “fundraising arm”, it’s odd that Kuntz is so willing to get involved in other litigation. It’s also implied that Kuntz and VCC arranged (and financed) Kulvinder Gill’s abusive SLAPPs. These were filed in order to silence critics on social media. Perhaps this is the real reason that there was great reluctance to reveal any litigation strategy.

Looking at Exhibit “A”, it also appears that Kuntz contacted the LSO on June 28, 2022 regarding the Toews complaint. It looks like an attempt to undermine it, and consequently, stop the LSO from investigating donations or financing.

Champerty and maintenance aren’t allowed, and for good reason.

Some final thoughts

It should be mentioned that this isn’t to blindly go after everyone associated with these organizations. Surely, there are many good people who just wanted their livelihoods back. And who can blame them?

And there is a natural urge to want to fight back, which is what drives people to go into Court in the first place. This is perfectly understandable.

Nonetheless, the reality cannot be ignored.

Take away all of the smoke and mirrors. What’s left?

The Ontario First Responders case is just another in the long list of frivolous “anti-lockdown” cases designed to go nowhere. This isn’t just sloppiness, as no lawyer could possibly be this bad, especially after being smacked down repeatedly in Court. If there ever is a Motion to Strike here, expect another “bad beyond argument” ruling. Objectively speaking, none of these will ever get to Trial.

There isn’t even a follow-up date booked for the First Responders/Take Action Canada case to return. Again, injection mandates were in 2021.

How much money has been raised, and through whom?

Was donor money used to finance the CSASPP/Canuck defamation suits?

Instead of getting angry at sites like this one, it should be directed at those who funnel other people’s time, money and energy into such dead end ventures.

(1) https://takeactioncanada.ca/
(2) https://twitter.com/Takeactioncan
(3) Ontario EMS Statement Of Claim
(4) Ontario EMS Amended Statement Of Claim
(5) Ontario EMS Requisition To Amend
(6) Ontario EMS Notice Of Intent To Defend
(7) Ontario EMS Demand For More Money

$500,000 Claim Against LSO Struck For Incoherent, Unintelligible Pleading

The Ontario Superior Court struck (threw out) a case against the Law Society of Ontario because it was so poorly written. Both the original and amended versions were struck.

In fairness, Justice Dow has permitted another rewrite, just as Justice Ross had done with the Action4Canada disaster.

What makes this Claim even more absurd was the fact that it was predicated on the actions of non-parties. Specifically, various people had made complaints to the LSO, which regulates the legal profession. To clarify, the LSO itself was sued, because other people made complaints. And it wasn’t just sued once.

The Claim also made contradictory allegations. It stated that the Law Society was “negligent” and “failed to carefully read” the complaints in question. It also accused the LSO of acting in malice, in bad faith, and with intent to harm. Either the LSO could have been negligent, or it could have acted with malice. It cannot simultaneously be both.

Moreover, Section 9 of the Law Society Act immunizes the LSO against legal action for actions taken in “good faith”. Claims for negligence are also barred.

Liability of benchers, officers and employees
9. No action or other proceedings for damages shall be instituted against the Treasurer or any bencher, official of the Society or person appointed in Convocation for any act done in good faith in the performance or intended performance of any duty or in the exercise or in the intended exercise of any power under this Act, a regulation, a by-law or a rule of practice and procedure, or for any neglect or default in the performance or exercise in good faith of any such duty or power.

It’s baffling why anyone would plead negligence or sloppiness in such a Claim, knowing that it would lead to it being either struck or dismissed.

The July 2022 version was amended in October, but it didn’t fix the problems.

As for the Claim’s substance, 8 out of the 9 LSO complaints in question were dismissed. The one remaining came from Donna Toews, a former donor to both Action4Canada and Vaccine Choice Canada. She contacted the LSO to inquire about what had happened with the money she gave.

If the following content sounds familiar, it should. “Mr. Bad Beyond Argument” filed three (3) related lawsuits designed to bury the Toews complaint once and for all. Here’s the background reading on the CSASPP case and verdict.

There are 3 different lawsuits concerning the Toews complaint

(1) June 28, 2022: Galati v. Toews, Warner, Gandhi and CSASPP
Court File No: CV-22-00683322-0000

(2) July 12, 2022: Galati v. Law Society of Ontario (LSO) et al.
Court File No: CV-22-00683933-0000

(3) July 31, 2023: Galati v. Law Society of Ontario (LSO) et al.
Court File No: CV-23-00703697-0000

3 separate lawsuits were filed to ensure that the Law Society of Ontario would never investigate the Toews complaint. Why? An obvious explanation is the possible consequences. The LSO is the regulator, and it has the power to force open a lawyer’s books. In theory, all of these cases — not just VCC and A4C — could have been audited, leading to all kinds of problems down the road.

(1) has been dismissed under Ontario’s anti-SLAPP laws. An Appeal is said to already be in the works, though it will go nowhere.

(2) has now been struck in its entirety. As of the time of writing, no amended Statement of Claim has been filed, and one may not be coming.

(3) hasn’t been in Court yet, and the lawyers were likely waiting to see the outcome of (2) before deciding how to proceed.

Of course, one could argue that suing this site in September 2021 was also designed to shut down discussion over the status and financing of the anti-lockdown cases. The glaring flaws in those actions were described almost perfectly, including the various portions of Civil Procedure.

Rules of Civil Procedure not followed in drafting case

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

Pleading Law
25.06(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.

Nature of Act or Condition of Mind
25.06(8) Where fraud, misrepresentation, breach of trust, malice or intent is alleged, the pleading shall contain full particulars, but knowledge may be alleged as a fact without pleading the circumstances from which it is to be inferred.

The Rules of Civil Procedure are pretty clear, and fairly basic. In order to file a lawsuit, the facts (details) must be outlined in an organized manner. Moreover “giving particulars” refers to the requirement to spell out in detail the allegations.

It’s not enough to make bare accusations. The who, what, where, when, why and how must also be laid out. Defendants can’t be left guessing about what they have to respond to. In cases where Charter or Constitutional breaches are alleged, this applies even more so.

Instead, the Statement of Claim simply states the tests for (most) of the torts, but without pleading facts or giving adequate information about how this would apply. The LSO lawyers at the hearing referred to this as a “factual vacuum”, meaning there’s no information to rebut. They’re not wrong.

It boggles the mind that a “top constitutional lawyer” with decades of experience can’t draft a Claim or Charter challenge in a coherent manner. Clients really aren’t getting their money’s worth. However, saying this publicly can lead to a defamation lawsuit.

None of the (alleged) causes of action properly pleaded

[21] First, conspiracy, arose from the defendants having “jumped on a co-conspirator bandwagon” (at paragraph 61 of the Statement of Claim). With the parties in the related action, this occurred by accepting the complaints without conducting appropriate research or investigation in a fair and reasonable manner. As submitted by the defendant, such conduct, assuming it to be true, would amount to negligence. This does not meet the test for bad faith or exclude the immunity provided by Section 9 of the Law Society Act, supra. Something beyond that is required.

[22] Regarding the claim of abuse of process, the claim against these defendants is it “magnified and augmented” conduct by the complainants “by putting the plaintiff through the process of a response” (at paragraph 65 of the Statement of Claim). I cannot find that the actual complaint fulfilled the third element of the four elements of this cause of action (see Harris v. GlaxoSmithKline Inc., 2010 ONCA 872 (at paragraph 27). That is, the Law Society “took or made a definite act or threat in furtherance of the improper purpose”. The Law Society received a complaint, advised Mr. Galati and, in six of the nine incidents, confirmed the Law Society would not be taking any action. In two of the remaining three, it advised Mr. Galati, upon receiving his response, no further action was being taken. The final complaint has been set aside pending the outcome of litigation.

[23] Regarding the interference with economic interests, I accept the Supreme Court of Canada statement of the elements requiring an intentional infliction of economic injury by the use of unlawful means against a third party (see A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12 at paragraph 23). That is, Mr. Galati suffered economic injury by the Law Society’s use of unlawful means by the defendants in the related action. Further, “unlawful means” are to be interpreted narrowly and must constitute an actionable civil wrong. That is, an actionable wrong was committed by the Law Society against the parties to the related action. Such conduct is not described in paragraphs 67 or 68 of the Statement of Claim.

[24] Regarding a breach of fiduciary duty, what is required is “an undertaking by the fiduciary, express or implied, to act in accordance with the duty of loyalty reposed on him or her” (see Alberta v. Elder Advocates of Alberta Society, 2011 SCC 24 at paragraph 30). The cause of action arises when the alleged fiduciary, here the Law Society, forsakes the interest of the beneficiary, here Mr. Galati, in favour of others. Here, the Law Society is the regulator of Mr. Galati’s profession and owes a duty to protect the public interest. Paragraph 69 of the Statement of Claim fails to plead how that became subordinate to any fiduciary duty owed by the defendants to Mr. Galati.

[25] Regarding negligence or negligent investigation, judicial interpretation of Section 9 of the Law Society Act, supra would appear to be a full defence (see Robson v. Law Society of Upper Canada, 2016 ONSC 5579 at paragraphs 40-41, affirmed 2017 ONCA 468). The pleading requires allegations that somehow remove that barrier, as what is contained in paragraph 70 of the Statement of Claim, is insufficient.

[26] Regarding intimidation, the three elements of this tort require material facts to support how informing Mr. Galati that he did not need to respond to the complaints fulfilled these elements. Paragraphs 71 to 73 of the Statement of Claim required greater particulars that set out the specific basis for not advising him of its receipt of complaints that it has concluded were so without merit that his response was not required.

[27] Regarding the Charter challenges under Sections 7 and 15, material facts are required about how or what specifically was the conduct by the defendants that resulted in deprivation of Mr. Galati’s Section 7 rights and further, that same occurred in a manner contrary to the principles of fundamental justice.

[28] Similarly, it is insufficient to rely on Section 15 of the Charter by identifying one’s ethnic origin or religion. Mr. Galati must connect how these characteristics resulted in discrimination and how he did not receive the “equal benefit of the law without discrimination”.

[29] Finally, Mr. Galati’s pleading (at paragraphs 76 and 77 of the Statement of Claim) challenging Section 49.3 of the Law Society Act, supra, must address how not requiring or applying the Section 49.3 power somehow gives standing to challenge the constitutionality of that section. Further, to proceed as required, the required notice of constitutional question to the Attorney General of Ontario must be delivered.

It’s also pretty funny that at paragraph 30, Justice Dow urges that the Plaintiff “reflect on the wisdom” of filing a further amended version. He knows the suit is baseless, and tactfully suggests reconsideration.

Brief timeline of major events

January 2021: CSASPP emails Dan Dicks in order to promote their proposed suit, and to pitch it as a better investment than Action4Canada.

June 2021: CSASPP puts the section up on their FAQ, supposedly to quell constant inquiries about who they are connected to, and what there role is in other cases.

January 15, 2022: the original Toews LSO complaint is put forward to the LSO, although it appears that it wasn’t immediately accepted.

May 19, 2022: The LSO finally forwards the Toews complaint and demands a response.

June 28, 2022: The $1.1 million dollar suit is filed against CSASPP and its people

June 29, 2022: A letter is sent to the LSO, informing them that Donna Toews has been sued, and that the Court will effectively be deciding the issue.

July 12, 2022: The Law Society itself is sued, and the Toews complaint makes up large part of it. One can assume this was done to further thwart any investigation into the complaint. The suit demands $500,000 in damages, and is very poorly written.

July 13, 2022: There’s an appearance on a livestream with Vaccine Choice Canada, bragging about the CSASPP and LSO suits which have just been filed. It’s plausible to view this as a publicity stunt. Supposedly, neither CSASPP nor the LSO had actually been served by this point.

October 9, 2022: An amended Statement of Claim is filed against the LSO, despite the fact the the Motion to Strike had already been initiated. This isn’t permitted.

October 12, 2022: CSASPP and the LSO appear in Court on the same day to set down dates to throw out their respective cases. CSASPP’s Motion is based on s.137.1 of the Courts of Justice Act (anti-SLAPP). The LSO Motion is based on Rule 21 of Civil Procedure (failing to state a cause of action). Both are to be heard the next Autumn.

The next several months is a document exchange of the papers needed to carry out the both the anti-SLAPP Motion and LSO Motions. Both are attached below.

July 28, 2023: CSASPP files their Factum, or written arguments. This is a Friday, and it’s interesting to see what happens the following Monday.

July 31, 2023: The Law Society is sued for a second time, and it’s largely a rehash of the first one. Another $500,000 is sought. It’s possible this was done to “keep open” litigation against the LSO, assuming the first case is thrown out.

September 12, 2023: CSASPP’s Motion to dismiss is heard, with the ruling under reserve.

September 21, 2023: LSO’s Motion to strike is heard, the ruling under reserve.

October 11, 2023: The Claim against the LSO is struck in its entirety for not disclosing a reasonable cause of action, and for inadequate pleading. However, Justice Dow does allow the pleading to be rewritten, for what is presumably the last time.

December 11, 2023: The suit against CSASPP is dismissed as a SLAPP. The Court finds that the suit was brought for the improper purposes of stifling debate, and to intimidate people from filing LSO complaints. In essence, it’s a finding of professional misconduct.

So, who’s funding the cases against CSASPP and the LSO?

A question that has been asked is whether there is some outside source financing the CSASPP and LSO lawsuits. Consider the following: at least 3 clients have submitted evidence in support of the defamation suit. Presumably, they don’t want the money to stop coming in.

Tanya Gaw of Action4Canada
Ted Kuntz of Vaccine Choice Canada
Sandra Sable of Take Action Canada

The Action4Canada, Vaccine Choice Canada and Take Action Canada cases have been critiqued at length already. They are all horribly pleaded, and none of them will ever get to Trial.

But these “activists” don’t demand accountability from their counsel. Instead, they are quite willing to aid and abet with frivolous defamation lawsuits. These are SLAPPs, designed to silence dissent and discussion on the public interest litigation they fundraise for.

In the case of Donna Toews and her LSO complaint, the objective is clearly to ensure that no investigation ever takes place. Lawyers have been disbarred for such acts before.

Are Gaw, Kuntz and Sable merely offering support (Affidavits) to go after CSASPP? Or have they provided financial backing as well? Are they going to cover the costs when these cases are thrown out?

It’s worth noting that all 3 published news about the suit against this site in 2021. Gaw and Kuntz swore Affidavits against an anti-SLAPP Motion as well. This appears to go past simply being clients.

The anti-lockdown lawsuits are a multi-million dollar industry. This is why so many are eager to silence dissent. No one wants to see the money dry up.

Will there be another attempt at suing the LSO? We’ll have to see.

CSASPP/RG DOCUMENTS (June 2022)
(a) CSASPP RG Statement Of Claim
(b) CSASPP RG Moving Party Motion Record Volume 1
(c) CSASPP RG Moving Party Motion Record Volume 2
(d) CSASPP RG Moving Party Motion Record Volume 3
(e) CSASPP RG Responding Motion Record Volume 1
(f) CSASPP RG Responding Motion Record Volume 2
(g) CSASPP RG Responding Motion Record Volume 3
(h) CSASPP RG Moving Party Supplemental Motion Record
(i) CSASPP RG Moving Party Record Motion To Strike
(j) CSASPP RG Plaintiffs Responding Record Motion To Strike
(k) CSASPP RG Moving Party Factum (Arguments)
(l) CSASPP RG Responding Plaintiff Factum
(m) CSASPP RG Moving Parties Reply Factum
(n) CSASPP RG Reasons For Judgement
(o) CanLII Posting Of Decision

1ST LAW SOCIETY OF ONTARIO CLAIM (July 2022)
(a) Law Society Of Ontario Statement Of Claim
(b) Law Society Of Ontario Intent To Defend
(c) Law Society Of Ontario Amended Statement Of Claim
(d) Law Society Of Ontario Requisition For Amended Claim
(e) Law Society Of Ontario Motion Record, To Strike
(f) Law Society Of Ontario Moving Party Factum To Strike
(g) Law Society Of Ontario Plaintiff Responding Factum
(h) CanLII Posting Of Decision

2ND LAW SOCIETY OF ONTARIO CLAIM (July 2023)
(a) Law Society Of Ontario Second Statement Of Claim

The Freedom Lawsuits: How Much Money Has Been Thrown Away On Them?

Throughout 2020 and 2021, people were understandably desperate. They wanted their lives and livelihoods back, and who could blame them? They were willing to open their wallets to contribute to lawsuits they viewed as a means to restore normalcy.

Unfortunately, it seems that many contributed — either through donations or retainer fees — to cases that never stood a chance. Either: (a) they were never filed; (b) filing was delayed unnecessarily; (c) they weren’t followed up in a diligent way; (d) the pleadings were incoherent; (e) the Court lacked jurisdiction; or (f) some combination of the above.

Back in 2020, Odessa from Liberty Talk claimed that 75% of donations received from that podcast would be forwarded to fund lawsuits from Vaccine Choice Canada and Action4Canada. She said that they were “really good legal cases”. Once eventually filed, the A4C case was struck as “bad beyond argument”, because it was so poorly written. The VCC case remained dormant for 2 1/2 years, before dates were set for a Motion to Strike.

Keep in mind, this is just a small sample. Another alarming trend is for lawyers to file suits against employers in government and/or unionized workplaces. Typically, there is no inherent right to sue, as there are “grievance” options available. Even moderately competent lawyers should be aware of this lack of jurisdiction.

Another trend is for lawyers to not actually ask for damages, but to seek declaratory relief after orders have already expired. This has led to several rulings of “mootness”.

Other cases included suing people for “defamation” in the attempt to shut down opposing viewpoints. These are SLAPPs, or strategic lawsuits against public participation. Pretty strange for freedom lovers to be against free speech.

How much money has actually been thrown away?

Here are some partial answers.

Item Number Party/Client Amount Raised
1 CRC (PayPal donations) $1,000,000
2 Action4Canada $400,000+
3 Federal Workers Vaxx Pass $600,000+
4 Federal Workers Vaxx Pass (Appeal) $600,000+
5 Federal Workers Vaxx Injury $600,000+
6 Take Action Canada $150,000+
7 Vaccine Choice Canada (2019) ?
8 Vaccine Choice Canada (2020) ?
9 Police On Guard ?
10 Children’s Health Defense (Canada) ?
11 Privacy Is Your Right ?
12 Kulvinder Gill Defamation #1 ?
13 Kulvinder Gill Defamation #2 ?
14 Byram Bridle ?
15 CPSO Challenges ?
TOTAL N/A $3,350,000+

As should be apparent, there isn’t data for many of these. Still, there’s over $3,000,000 just from a handful of cases. Let’s dive a bit deeper.

1. Constitutional Rights Centre, PayPal Donations, $1,000,000

The above is Paragraph 47, Page 50 of the Respondent’s/Plaintiff’s Motion Record, filed in March 2023. This was the CSASPP lawsuit referenced earlier.

  • $179,505 (September to December 2020)
  • $786,706 (2021 calendar year)
  • $43,878 (2022 calendar year)
  • $4,537 (Up to March 2023)

Taking these numbers at face value, it would mean that the CRC raised roughly $1,000,000 from September 2020 through March 2023. There’s no breakdown as to how much went into each (case) account. On the surface, it looks like one giant pot. Pretty lucrative, considering all the suits that emerged were complete garbage.

Familiar with the Wayback Machine? It’s a mainstream archiving site that captures websites at certain times, even if the content is no longer available. Some of the recent business ventures include:

There were even donations sought at one point to finance a public inquiry. It’s unclear how much money came in, or whatever became of that.

Also, donations were sought a few years back for a B.C. doctor’s case that doesn’t appear to have materialized. This isn’t the Action4Canada suit.

Remember: these are just donations, and don’t take retainer fees into account.

2. Action4Canada, $400,000+

August 2021, Action4Canada filed their 391 page Notice of Civil Claim. It was incoherent, rambling, sought remedies outside the jurisdiction of a Civil Court, and was full of information about non-parties. Unsurprisingly, it was struck in its entirety as “bad beyond argument“.

While Justice Ross did allow the Claim to be rewritten, and provided substantial guidance, the decision was appealed instead. This is absurd, as the B.C. Court of Appeals isn’t going to rule that remedies outside the jurisdiction of a Civil Court can be sought.

Where does the $400,000 estimate come from?

According to financial data that was leaked, there was a payment of $200,000 to cover legal expenses April 29, 2022. See page 10. On May 5, an equivalent amount was transferred to cover it. This is not the full amount.

Tanya and other members of Action4Canada stated that a 50% retainer had been required upfront (meaning in 2020). If $200,000 is to cover an outstanding portion, then the retainer would have to have been at least $200,000 as well. It’s also been stated publicly that this was the amount sought.

In a November 2022 update, Action4Canada was again soliciting donations, presumably to finance this “unexpected” appeal. This would be in addition to the $200,000 retainer, and the $200,000 “payment” in the Spring of 2022. Once the BCCA throws out the appeal, presumably a new Claim would be filed.

Court documents are available at the bottom here.

3. Federal Injection Pass Challenge, $600,000+

This was the high profile case of over 600: (a) Federal employees; and (b) employees of Federally regulated industries. It was struck as “bad beyond argument” for failing to follow even the basic requirements of pleadings.

Why $600,000? There were over 600 Plaintiffs, and all had been required to sign a retainer agreement and put up $1,000 each to get started.

There was another problem for about 2/3 of the Plaintiffs: as Federal employees, they have the right to grieve, but not to sue their employer. This is laid out in the Federal Public Sector Labour Relations Act. Now, there is some “residual jurisdiction”, if the grievance process can be shown to be unworkable or corrupt. However, that would require a suit that was well written.

(1) Federal Court Vaccine Mandate Challenge
(2) Federal Vaccine Passport Challenge Retainer Agreement
(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
(6) Federal Court Of Canada Rules
(7) Federal Court Decision On Motion To Strike (Archive)
(8) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do

4. Federal Injection Pass Challenge, APPEAL, $600,000+

According to correspondence from disillusioned clients, costs to the Federal Court of Appeals are separate from the original $1,000 retainer.

That’s right. Over $600,000 was needed to start the case, and then another $600,000 was needed to go to the Court of Appeals, and possibly the Supreme Court of Canada. Quote:

The fee retainer of $1,000 ($870 + $130 HST) covers a trial to the end in the Federal Court, including any motions, but not appeals to the Court of Appeal.

We also have this email:

Hello everyone,

Some of you have already heard but for those who haven’t, the Judge has rendered his decision in the Government’s motion to strike our claim. In a somewhat anticipated move, the claim was struck for 2/3 of the plaintiffs and remains open for 1/3 to amend the claim and resubmit. There is a letter attached from Rocco himself that goes into greater detail about the decision. Needless to say, the decision was an absolute pile of rubbish and the Panel has decided to appeal the decision.

Now, as you will read in Rocco’s attached letter, there are additional fees associated with launching the appeal. The additional fees are minimal in comparison to the initial retainer but an explanation is required.

As Rocco’s letter will clarify, the retainer fee was to cover all that was required to see this matter through a trial in the Federal Court. Now that an appeal is required, it is required to go through the Federal Court of Appeals and that alone will cost in excess of $100,000. Rocco budgeted the retainer fee on doing everything to see a trial through the Federal Court which did not include appeals.

We feel it necessary at this juncture to apologize to each and every one of you. We misinterpreted the finer details of what the retainer fee covered due, no doubt, to our limited knowledge about how the civil court process works and a misunderstanding of the information Rocco provided to us. Some of you asked specifically what all would be covered with the retainer fee and were informed it would cover this entire matter all the way through no matter what action was required and for this, we apologize.

We wish to reinforce with you that this was not done out of an attempt to deceive or act maliciously. We are going to be out the same amount as anyone else who desires to proceed and be a part of the appeal.

To avoid repeating the same confusion, the panel asked Rocco to outline the cost implications for every step and all the way to the Supreme Court which Rocco now outlined in his letter. We hope this will better serve all of us and it is also our hopes that you will see this effort by the panel as a way to remain fully transparent on what transpired but also on what to expect going forward. We too, do not want to see other surprises but more importantly, we do agree with Rocco that we have a strong position for an appeal. We ultimately hope for our day in Court but sadly, we did not have our day in Court here as our lawsuit was wrongly struck down as evidently explained in Rocco’s letter.

We are planning to host another info session with Rocco via Zoom within the next few weeks to answer questions you may have and to provide more information regarding how the appeal process will work. We are not going to attempt to solicit any money from anyone prior to this information session. Our intent is to allow you to consider whether each of you as individuals wish to proceed from this point.

We understand many of you will have questions. We will do our best to answer them or have Rocco address them in the upcoming info session.

We have also attached a link to the decision on the Federal Court website.

Sincerely and most humbly,

The Federal Employee Lawsuit Panel

Never mind that the case was struck as “bad beyond argument” due to the gross incompetence of counsel. If there was to be any appeal, or extra work, he should fix it for free.

(1) FCA Adelberg V. HMTK A-67-23 Notice Of Appeal
(2) FCA Adelberg V. HMTK A-67-23 Appeal Book
(3) FCA Adelberg V. HMTK A-67-23 Appellants MFL
(4) FCA Adelberg V. HMTK A-67-23 Respondents MFL

5. Federal Workers Injection Injuries, $600,000+

It has the same fundamental problem as the last Federal case. Under s.208 and s.236 of the Federal Public Sector Labour Relations Act, Federal workers have the right to grieve, but not to sue. This will get thrown out for lack of jurisdiction alone. Why $600,000? From the site:

Legal Costs: Total retainer fee is about $600,000, which will be divisible by the number of signed Plaintiffs. As an example, 600 + Plaintiffs @ $1,000 each. If the Plaintiff count should be lower, the retainer fee will be pro rated as an example, 300 + Plaintiffs @ $2,000 each. To put this into perspective, this represents about a year’s supply of a latte at Starbuck’s, each day or your annual vehicle insurance. At this time, please do NOT submit your retainer fee. If there is enough interest then a simple one-page retainer agreement will be forwarded and then the retainer agreement and it’s fee can be submitted at that time. We will provide the details at a later time.

Interestingly, the site went down (or was taken down) shortly after it was exposed. Perhaps too many questions were being asked about the suit’s legitimacy.

https://web.archive.org/web/20231111011348/https://fre4justice.ca/

6. Take Action Canada, First Responders, $150,000+

Apparently, this is the new “iteration” of the 2021 Application that Police On Guard had been pushing. And like the POG case, this is terribly written.

Where does the $150,000 figure come from? There are about 100 clients, all of whom have paid a $1,500 retainer in order to be part of this case.

Even though injection passes became a reality in Summer/Fall of 2021, this suit wasn’t filed until March 1, 2023, about a year and a half later. Clearly, it’s not urgent. And even if these people were to find a real lawyer who could get them into court, the Statute of Limitations has likely expired.

Another serious problem will be the lack of jurisdiction. Since most or all of the Plaintiffs are members of a Government and/or belong to a union, they likely don’t have the right to sue. They can grieve — but apparently didn’t — though there’s probably no access to the Court.

This document was leaked in late November. If authentic, it may be a way to engineer an excuse to discontinue the case. Plaintiffs have already paid $1,500 each for a case that took 18 months to file. They’re not going to hand over another $4,500 per person.

(1) Ontario EMS Statement Of Claim
(2) Ontario EMS Amended Statement Of Claim
(3) Ontario EMS Requisition To Amend
(4) Ontario EMS Notice Of Intent To Defend
(5) Ontario EMS Demand For More Money

7. Vaccine Choice Canada (2019)

Few people remember this, but Vaccine Choice Canada actually has 2 separate lawsuits pending in Ontario Superior Court. The first was filed in October 2019, supposedly to challenge the vaccination requirements of Ontario students. However, that was over 4 years ago, and it doesn’t look like it’s ever been in Court.

(1) VCC – Statement Of Claim, October 2019 Lawsuit
(2) VCC – Statement Of Defence, October 2019 Lawsuit
(3) VCC – October 2019 Press Release

8. Vaccine Choice Canada (2020)

This high profile case was filed on July 6, 2020, when there were still high hopes that a legal solution existed. After it was launched, Vaccine Choice went on a media blitz trying to raise support and donations.

Problem is: nothing ever came of it. It sat idly from July 2020 until January 2023, where there was a Court appearance to set down dates for a Motion to Strike. That’s right, there was no meaningful activity of any kind for 2 1/2 years.

(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Discontinuance Against CBC With Cover Letter
(4) VCC – Mercer Statement Of Defense
(5) VCC – Mercer Affidavit Of Service
(6) VCC – Requisition For CPC Motion To Strike
(7) VCC – Notice Of Motion To Strike
(8) VCC – Factum WEC Wajid Ahmed
(9) VCC – Factum Nicola Mercer
(10) VCC – Factum Federal Defendants

9. Police On Guard

Although Police On Guard is not a client or party, they pushed this April 2021 Application very hard, on behalf of Ontario police officers who were unhappy with their new roles. There was never any hearing though. It likely wouldn’t matter anyway, since cops are usually bound by collective bargaining agreements and can’t sue their employer.

However, their counsel has since confirmed that the case is no longer being pursued, and that the matter is considered “moot”. Apparently, it was rolled over into what is now the Take Action Canada case.

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

POLICE ON GUARD CORPORATE DOCUMENTS:
(1) Police On Guard Incorporation
(2) Police On Guard Registered Office & Directors
(3) Police On Guard Directors
(4) Police On Guard Bylaws
(5) Police On Guard Directors Later

10. Children’s Health Defense (Canada)

This was another Application from April 2021, that also isn’t being pursued, since it’s supposedly “moot”. Never been in Court either. Okay, how much was raised, and has any of the money been returned? Worth noting that the POG and CHDC Applications are almost identical, with just minor edits.

Some would view it as a conflict of interest to be a Director of CHDC, at the same being paid as counsel to represent them in litigation. Just a thought.

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

11. Privacy Is Your Right

A group operating under the name “Privacy Is Your Right” solicited money from the public in a March 27, 2023 Zoom hearing, in order to take the CPSO to Court. In short, the doctor involved didn’t want to turn over records to the medical regulator, and several patients sought standing to challenge the demand, citing privacy.

The case was heard on March 30, and thrown out the same day. Leave was sought to go to the Ontario Court of Appeals. While the sudden verdict seemed odd, reading the decision cleared things up.

[13] In Kilian, at para. 44, this Court confirmed that patients have no private interest standing in the circumstances where the CPSO has initiated an investigation into a member’s conduct, stating as follows:
.
The Patient Applicants do not have a personal legal interest in the ICRC’s decisions to authorize an investigation of Dr. Kilian’s conduct or to place restrictions on her certificate. They have concerns that their medical records will be disclosed to College investigators, but that does not justify a grant of private interest standing, given the purpose of the regulatory regime and the subject matter of the judicial review proceeding.

[14] In Kilian, at para. 45, this Court held that a finding of private interest standing would be contrary to the statutory purpose, which is to regulate physicians’ conduct in the public interest. A finding of private interest standing would “disrupt” professional regulation because it would entitle thousands of patients to standing at the investigation stage: Kilian, at para. 47. This Court also noted that the Code grants patients standing in certain limited circumstances, further demonstrating the legislature’s intention to circumscribe patient participation in the regulatory process.

[15] Moreover, in Kilian, this Court went on to find that the patients have no direct interest in the decisions under review, which involve the regulator and the member. Similarly, the restrictions on the physician’s certificate in that case did not affect the patients’ legal interests: Kilian, at paras. 49-50. We see no reason to depart from the thorough and persuasive analysis conducted by this Court in Kilian.

Are Dr. Kustka’s Applications for Judicial Review Premature?
.
[29] As this Court recently confirmed in Kilian, judicial review applications challenging decisions to initiate investigations under s. 75(1)(a) of the Code are generally dismissed as premature: Berge v. College of Audiologists and Speech-Language Pathologists of Ontario, 2022 ONSC 1220, at para. 7. Challenges to the appointment of investigators, including the College’s compliance with any statutory requirements, can and should be made before the Discipline Committee, if the matter proceeds to that stage.

In short, the exact same issues had already been argued (and decided) by the Courts. The ONCA has also weighed in on the matter. It was premature to sue to prevent the CPSO from instigating proceedings against a doctor. It had also been decided that patients can’t claim private interest standing to prevent such a thing from happening. All of this was previously treaded ground.

Of course, this hadn’t been disclosed at the Zoom call. It wasn’t mentioned that all of the issues being argued had already been settled. Would people still have donated if they knew? And how did they rake in?

12. Kulvinder Gill Defamation #1

Kulvinder Gill and Ashvinder Lamba (well, mostly Gill) made headlines in December 2020 by filing a $12.75 million defamation lawsuit against 23 people and media outlets. While it mainly had to do with spats on Twitter, portions of the suit related to issues with the CPSO investigations.

It’s unclear what Gill and Lamba paid for legal representation, but the other side claimed well over $1 million in costs. They were awarded them on a full indemnity (100%) basis.

The ruling was appealed, and it’s long been suspected that this was “leverage” in order to bargain for more favourable settlement terms.

Yes, the Defendants had said some rude things on Twitter, but filing this suit just makes Gill and Lamba come across as unhinged and vindictive. One would think that the “freedom movement” would disavow such loonies.

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

13. Kulvinder Gill Defamation #2

This isn’t Gill’s only trip through the “gag proceedings” rodeo. March 2021, she sued the University of Ottawa, and one of its professors, Amir Attaran, for calling her an idiot on Twitter. She demanded $7 million in damages.

At the moment, the University has initiated an anti-SLAPP Motion against her. Unclear how much this will cost either side, but it really is a nonsense lawsuit.

(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent

14. Byram Bridle, University Of Guelph

It’s a bit hard to describe this case. Although it’s cloaked as protecting the speech and expression of a freedom fighter, the claim is filled with petty drama.

Given the parties involved — staff at the University of Guelph — the Court is likely to gut the case, at least regarding some Defendants. Guelph has it’s own collective bargaining agreement, so there will likely be a lack of jurisdiction for at least some of them.

Considering the allegations around speech and expression, the case is also vulnerable to an anti-SLAPP Motion, which would grind everything to a halt.

Seems like a waste of money all around.

(1) https://canucklaw.ca/wp-content/uploads/Byram-Bridle-Statement-Of-Claim.pdf
(2) https://canucklaw.ca/wp-content/uploads/Byram-Bridle-Statement-Of-Defence.pdf
(3) https://canucklaw.ca/byram-bridle-lawsuit-unlikely-to-ever-get-anywhere/

15. CPSO Challenges

There have been several challenges of medical doctors going to Court in order to avoid potential discipline hearings, or to prevent disclosure of documents. These have never gone anywhere, since the Courts find it “premature” to wade into matters involving a regulator until things are settled.

The rationale is that if a doctor — or any regulated professional — could simply file a lawsuit when threatened, it would render the governing body helpless. While these challenges may be noble, they’re destined to fail.

Stay of related tribunal proceeding
.
137.4 (1) If the responding party has begun a proceeding before a tribunal, within the meaning of the Statutory Powers Procedure Act, and the moving party believes that the proceeding relates to the same matter of public interest that the moving party alleges is the basis of the proceeding that is the subject of his or her motion under section 137.1, the moving party may file with the tribunal a copy of the notice of the motion that was filed with the court and, on its filing, the tribunal proceeding is deemed to have been stayed by the tribunal. 2015, c. 23, s. 3.

That being said, there is an exception. For the “freedom doctors” who object to the CPSO shutting down their free speech, s.137.4(1) of the Courts of Justice Act, or anti-SLAPP laws, allow such matters to be removed from the regulatory body, at least in Ontario. It’s baffling why none of them ever seem to use it.

16. Some final thoughts

This has been an attempt to document at least some of the money paid to lawyers in the last few years. Clearly, not all categories have dollar amounts attached, so the actual figures are much larger. While $3,350,000 can be tracked, it wouldn’t be surprising if it were closer to $10 million, or higher.

Pretty lucrative, isn’t it? And all for cases that were never pursued in any meaningful way. One would think that more donors and clients would be demanding refunds.

How much money did Vaccine Choice Canada receive for 2 lawsuits they aren’t advancing? How much did the case pushed by Police On Guard raise? Children’s Health Defense Canada?

This is likely why the Toews lawsuit happened back in June 2022. She had requested that the Law Society of Ontario investigate what had happened to her donations, as neither the Vaccine Choice nor Action4Canada cases seemed to be moving. Unlike with most complaints, the LSO demanded a response this time, which could easily have triggered an audit into the case financings. Suing her was a way to buy time, and to derail the investigation. Justice Chalmers (rightly) found that this was an act of intimidation.

Suing the Law Society itself, both in 2022 and 2023, was also likely done to buy time. The first one is under reserve on a Motion to Strike, with the second idle for the time being.

And covering these suits was the reason this website was sued in September 2021. Apparently, we can’t have the public asking too many questions about the quality of the work from the “freedom lawyers”.

Why keep pursuing this area?

If it can be destroyed by the truth, then it deserves to be destroyed by the truth.