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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
