Category: Procedural

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21 Months Later, No Progress In Police On Guard/ Children’s Health Defense Cases

It was reported back in July 2022 that 2 high profile anti-lockdown lawsuits in Canada hadn’t seemed to go anywhere in well over a year.

(a) bodily autonomy of police officers, organized by Police on Guard
(b) children’s rights and masks in Ontario schools, organized by Children’s Health Defense (Canada)

Both were filed in April 2021. After some initial hype in the alternative media, there were no updates to report. As we enter 2023, and approach the 2 year anniversary, it appears that there’s still nothing to write back about.

Even though (most) of the Respondents now are represented by lawyers, it looks like nothing has happened to the cases themselves. There have been no Motions, evidence sworn or hearings so far.

Interestingly, while no Motion to Strike has been brought, there was a Rule 2.1.01(6) request filed in May of 2021 for the CHDC case. That seems odd, as it isn’t really the best mechanism for getting such a case thrown out.

Both organizations are still asking for donations, and it’s implied that at least portions of those funds would be used towards these Court cases.

As is shown by the Court records, there are no previous Orders that have been handed down in either case. Nor are any hearings scheduled as of now.

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

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

Court file#: (plug in the file number)

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

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

It’s worth noting that the POG Application and the CHDC Applications are almost identical. It’s as if one was cut-and-pasted into the other, with the facts and names changed.

Why keep reporting on this? Because they are public cases, and public donations are — still — being solicited. People have a right to know what’s happening, and what’s not happening.

(1) https://www.ontario.ca/page/search-court-cases-online

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

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

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

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Vaccine Choice Canada Makes First Court Appearance, 2 1/2 Years Later

Many had been wondering what had happened to that high profile case with Vaccine Choice Canada. After a highly publicized launch in 2020, and a fundraising blitz, details were scant. There was no progress shared with people because there was nothing to report.

Above is what shows now. Below is what it showed until recently.

Vaccine Choice Canada is finally in Court for its July 6, 2020 lawsuit. This is the case that generated nationwide attention across the alternative media. 2 1/2 years after it was filed, they were finally before a Judge. This was January 17, 2023. Many had been asking what the delay was about.

That’s right: 2 1/2 years to make a first appearance.

Of course, there’s Vaccine Choice’s other lawsuit that was filed in October of 2019. That’s been dormant for about 3 years, and hasn’t gone past the pleadings stage.

It wasn’t difficult to look for this. Anyone can SEARCH ONLINE FOR FREE, by clicking the link 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.

Now for the bad news. This isn’t a Trial or anything. This wasn’t some major appearance, or famous international expert about to testify. It was an appearance to initiate a Motion to Strike (throw out) the pleadings as frivolous and vexatious.

For a more in-depth explanation of the pleading defects:
(a) Pleading Are Fatally Defective, Will Never Make It To Trial
(b) Was This Case Brought For Improper Purposes?
(c) Even More Errors In Vaccine Choice Canada Lawsuit

Why has this case sat dormant for years? That’s a great question, and something that the Plaintiffs have never given a meaningful answer to. They’ve never been able to explain any of the serious issues that are outlined above.

To be clear, this wasn’t the hearing that people might be expecting. Instead, this was a CPC (Civil Practice Court) session to set down dates. It took approximately 10 minutes. The real fun won’t happen for another year. There were 2 full days set aside: January 30 and February 1, 2024.

  • June 30, 2023 – Moving Party Motion Record
  • July 28, 2023 – Responding Motion Record
  • October 31, 2023 – Cross Examinations (if Affidavits submitted)
  • November 17, 2023 – Moving Party Factum (arguments)
  • December 8, 2023 – Responding Factum
  • December 22, 2023 – Reply Factum
  • January 30, February 1, 2024 – Hearing

In fairness, there may not be any cross examinations, since this Motion is supposed to just be questions of law. For these purposes, the allegations themselves may be largely irrelevant.

However, the sweeping accusations that fill the 191 page Claim may be a problem. Making such assertions without pleading a factual basis does tend to get cases struck. It was a major problem with Action4Canada.

On the topic of costs: when somebody sues a lot of people, often, a lot of lawyers will get involved. On January 17th, there were 5 of them representing various clients:

  1. Wajid Ahmed, Windsor-Essex County
  2. Nicola Mercer, County of Wellington-Dufferin-Guelph
  3. City of Toronto, John Tory, Eileen De Villa
  4. Ontario Defendants
  5. Federal Defendants

For clarity, there were 5 lawyers at this appearance. There are many, MANY more names of the other paperwork. When this Claim is eventually struck, expect a stiff costs award.

The Motion is based on Rules 21.01 and 25 of Civil Procedure for Ontario. Quite simply, the Defendants want to throw the case out on a preemptive challenge.

Where Available
.
To Any Party on a Question of Law
.
21.01 (1) A party may move before a judge,
.
(a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or
.
(b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defence,

Action Frivolous, Vexatious or Abuse of Process
.
21.01 (1)(d) the action is frivolous or vexatious or is otherwise an abuse of the process of the court

Striking out a Pleading or Other Document
.
25.11 The court may strike out or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document,
.
(a) may prejudice or delay the fair trial of the action;
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the court.

That’s what this Motion is about: to throw the case out so that it never reaches Trial. And again, why has it taken 2 1/2 years to get to this point?

One possible explanation for this absurd delay is that many Parties may not have been served at the time, if they ever were at all. Looking at the Statement of Claim:

Those are all the service addresses listed. However, that’s not nearly all the people who were listed as Defendants. In fact, CBC claims that it wasn’t served, but only that they “obtained an unredacted copy” of the Statement of Claim. Now, CBC could be lying about that, but who knows?

Another question that frequently came up was why no effort to force Default Judgement ever took place. If the Defendants don’t respond, the Court can issue a ruling against them. At a minimum, it would force them to file replies in order to avoid such a decision.

Vaccine Choice Canada answers this (sort of) by claiming that they have an “undisclosed litigation strategy”, and that it’s not in their interest to release it. That comes across as extremely suspicious, to say the least.

Since July 6, 2020, all that’s happened is that Nicola Mercer filed a Statement of Defense, and that CBC was dropped as a Defendant when they threatened to bring an anti-SLAPP Motion.

What’s the point of this anymore? Considering the overwhelming majority of the population has had the shots, and the damage of lockdowns is done, what’s to be accomplished?

Also, consider the ONTARIO LIMITATIONS ACT. Section 4 is the Basic Limitation Period. In short, people have 2 years to commence an Action, with some limited exceptions. Even if the Plaintiffs were to discontinue here, and file a new Claim — one that’s properly written — they may be barred by Statute. In short, they’ve run out the clock on themselves.

Let’s be blunt. The Vaccine Choice suits (actually, both of them) are so poorly drafted neither will ever get to Trial.

Remember Action4Canada, and their 391 page Notice of Civil Claim? It was struck in its entirety for not even following the basics of Civil Procedure in British Columbia. The same thing will happen here.

2 1/2 years, just to make a first appearance. Absurd.

Isn’t an explanation owed to members of the organization? What about to the various Plaintiffs? How about the donors who contributed in good faith?

(1) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(2) https://www.ontario.ca/page/search-court-cases-online
(3) https://www.canlii.org/en/on/laws/stat/so-2002-c-24-sch-b/latest/so-2002-c-24-sch-b.html

VACCINE CHOICE CANADA COURT DOCUMENTS:
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service
(5) VCC – Requisition For CPC Motion To Strike

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

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Ryan Imgrund, Former “Pandemic” Expert, To Face Second O.C.T. Hearing

Ryan Imgrund is back in the news again, and not in a good way.

He became somewhat of a household name in 2020/2021 making doomsday predictions about death waves of Covid-19. Of course, none of this ever materialized. But it didn’t stop major media outlets in Canada from regularly hosting him and treating him as some sort of expert. In reality, he’s a high school science teacher who moonlights as a biostatistician.

Or, at least he was a teacher, until the Summer of 2022.

The Ontario College of Teachers has filed another complaint against him for conduct unbecoming of a teacher. (See archive.) Specifically, it reads:

3. At all material times, Person A was an 18 year old family female whose family was friends with the Member’s family.
.
4. In or about August of 2005 the Member sent Person A, via MSN messenger, unsolicited photographs including:
(a) two photographs of himself standing naked and holding his penis in his hand;
(b) two photographs of himself lying naked on his back holding a beer bottle next to his penis.

It’s typical in these types of cases to redact the identities of the students, especially if there are under the age of majority.

Interestingly, this is supposed to have happened in the Summer of 2005, more than 17 years ago. This woman was 18, and Imgrund would have been in his 20s. It’s unclear why this is coming to light now. Was it only just reported now, or did the College of Teachers know about it a long time ago?

Imgrund still has another complaint pending (see archive) before the College, and no hearing date has yet been set. That one alleges at least 5 victims, all minors, and claims of psychological and mental abuse. There is also an allegation of sexual abuse against 1 of them.

Now, if there is merit to these complaints, it’s unclear why the police weren’t immediately involved.

As with the previous complaint, these are still considered to be just allegations. Neither claim has yet been proven, and Imgrund denies the accusations.

Imgrund had been covered on this site before, primarily because of his role in facilitating mass panic.

Since March 2020, he listed his work history as “Biostatistician / Corporate Consultant” and doing this as a form of self employment. Apparently, he earned a living “discovering, analyzing and interpreting scientific, mathematical, economic and retail trends”. All of that said, he was most well know for making doomsday predictions around virus infections.

But something else about his biography never made sense. His LinkedIn page states he was working at PHAC, the Public Health Agency of Canada, from 2000 until 2009. (See archive). This doesn’t seem plausible, as he would have been a university junior at that time, and presumably very busy.

It also doesn’t add up since PHAC didn’t come into existence until 2004. It was done by Order in Council, and extensively outlined here. This is far more than simple resume padding.

In any event, Imgrund’s side gig as a television expert seems to have come to an end. He hasn’t appeared since news of the suspension broke earlier this year. We’ll have to see how events unfold.

Now, it’s uncertain how true the O.C.T. accusations are — as again, nothing has yet been proven. But Imgrund’s high profile media presence in the last few years has ensured a continued interest in his activities. Even the mainstream press has picked it up. A less prominent person wouldn’t have attracted the same attention.

OCT COMPLAINTS
(1) https://oct.ca/NOHStream.pdf?documentType=NOH&id=1102&lang=E
(2) Imgrund Discipline Second Hearing Notice
(3) https://www.thestar.com/politics/provincial/2022/09/13/former-york-region-teacher-in-misconduct-probe-says-he-had-zero-inappropriate-relationships.html
(4) https://oct.ca/NOHStream.pdf?documentType=NOH&id=1077&lang=E
(5) Imgrund Discipline First Hearing Notice
(6) https://oct.ca/members/complaints-and-discipline/disciplinary-hearing-details?RegistrationId=463065
(7) https://apps.oct.ca/FindATeacher/memberdetail?id=463065

IMGRUND AS AN EXPERT
(8) https://twitter.com/imgrund
(9) https://www.linkedin.com/in/ryan-imgrund-aa944b85/
(10) https://archive.ph/OkkFr
(11) https://www.canada.ca/en/public-health/corporate/mandate/about-agency/history.html
(12) https://www.raptorsrepublic.com/2020/10/06/the-interview-ryan-imgrund-biostatistician-imgrund/
(13) https://www.cbc.ca/news/canada/ottawa/statistician-worried-back-to-school-plan-risky-1.5671012
(14) https://www.sickkids.ca/siteassets/about/about-sickkids/sickkids-annual-report-2019-2020.pdf
(15) Sick Kids Hospital Major Donors
(16) https://canucklaw.ca/cv-29-the-financial-ties-between-sick-kids-hospital-and-the-gates-foundation/
(17) https://www.newmarkettoday.ca/coronavirus-covid-19-local-news/how-a-newmarket-biostatistician-is-using-rt-to-track-the-impact-of-reopening-2515509 for them.
(18) https://southlake.ca/foundation/about/your-investment-in-southlake/

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Byram Bridle Lawsuit Unlikely To Ever Get Anywhere

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

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

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

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

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

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

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

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

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

Why Bridle lawsuit will never go anywhere

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

Here are some recent ones:

  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Her Majesty the Queen, et.al. (and others) Ontario Superior Court #CV-00629810-0000. Filed October 2019. No movement since pleadings closed in March 2020.
  • Vaccine Choice Canada (VCC), et. Al. (and others) v. Justin Trudeau, et.al. (and others) Ontario Superior Court #CV-20-00643451-0000. Filed July 2020. Single Statement of Defense in August 2022.
  • Gill & Lamba v. MacIver et al. Ontario Superior Court #CV-20-00652918-0000. Filed November 2020. Dismissed as a SLAPP, or strategic lawsuit against public participation. Appealed, but status unknown.
  • Gill v. Attaran & University of Ottawa, Ontario Superior Court #CV-21-00658784-0000. Filed March 2021. A Notice of Intent to Defend (not an actual Statement of Defense) was filed in July 2021. No movement since then.
  • Sgt. Julie Evans, et al v. AG of Ontario, et al Ontario Superior Court #CV-21-00661200-000. Filed April 2021. No movement since Notice of Application filed.
  • M.A. and L.A., et al vs. Eileen De Villa, et al Ontario Superior Court #CV-21-00661284-0000. Filed April 2021. No movement since Notice of Application filed.
  • Action4Canada, et al vs. Dr. Bonnie Henry, Justin Trudeau, Premier Horgan, et al British Columbia Superior Court # VLC-S-S-217586. Filed August 2021. Struck in its entirety.
  • Adelberg et al. v. Attorney General et al. Federal Court #T-1089-22. Filed May 2022. Motion to Strike commenced November 2022.

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

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

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

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

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

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

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

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

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

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

Finally movement with Vaccine Choice Canada case?

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

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

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

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

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

BRIDLE LAWSUIT
(1) Byram Bridle Statement Of Claim

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

ACTION4CANADA COURT DOCUMENTS:
(1) A4C Notice of Civil Claim
(2) A4C Response October 14
(3) A4C Legal Action Update, October 14th 2021 Action4Canada
(4) A4C Notice of Application January 12
(5) A4C Notice of Application January 17
(6) A4C Affidavit Of Rebecca Hill
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19
(9) https://action4canada.com/wp-content/uploads/Application-Record-VLC-S-S217586.pdf
(10) https://drive.google.com/file/d/1BfS_MyxA9J11WeYZmk8256G7GsWEFZ62/view
(11) Notice_of_Discontinuance_Federico_Fuoco_Fire_Productions
(12) Notice_of_Discontinuance__Amy_Muranetz_
(13) A4C Notice Of Appeal September 28 2022
(14) A4C Dismissal Order As Entered By BCSC

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

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

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

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

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

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

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

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

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

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

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

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

Article posted by Canadian Nurses Association, September 9, 2021

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

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

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

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

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

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

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

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

Statements of Defense laid groundwork for anti-SLAPP Motion

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

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

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

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

Lawsuits like this actually harm freedom movement

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

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

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

Appeal is already being promised

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

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

COURT DOCUMENTS
(1) CFLN Statement Of Claim
(2) CFLN Statement Of Defense CDN Nurses Association
(3) CFLN Statement Of Defense Together News/Comox Valley
(4) CFLN Responding Motion Record Of Plaintiffs
(5) CFLN Cross Examinations Volume 1
(6) CFLN Cross Examinations Volume 2
(7) CFLN Cross Examinations Volume 3
(8) CFLN Supplementary Motion Record Of Plaintiffs
(9) CFLN Freedom Rally Documentation
(10) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.html
(11) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc7280/2022onsc7280.pdf

OTHER LINKS
(1) https://www.canadianfrontlinenurses.ca
(2) https://www.canadianfrontlinenurses.ca/donate
(3) https://t.me/NursesAgainstLockdowns/2229
(4) https://www.cbc.ca/news/canada/london/anti-vaxx-nurse-libel-suit-ontario-1.6698686
(5) https://www.cna-aiic.ca/en/blogs/cn-content/2021/09/09/enough-is-enough-professional-nurses-stand-for-sci
(6) https://comoxvalley.news/quack-quack-these-pro-virus-nurses-have-dangerous-ideas/

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CSASPP Class Action Certification Hearing Videos Now Available Online

An interesting development is taking place in British Columbia. The Canadian Society For The Advancement Of Science In Public Policy (CSASPP) had a weeklong hearing to determine — among other issues — if their class action would be certified. This took place all week, and was to challenge the various dictates of BCPHO Bonnie Henry, and her political handlers.

For their part, the Defense is attempting to get the case struck (thrown out) at least in part. They’ve alleged that it does not disclose a reasonable cause of action, among other things.

This isn’t the trial, to be clear. It’s a series of procedural issues in order to get to trial. The decision is reserved, and expected in the new year.

If certification is successful, the class action trial would begin in April 2023.

A few questions to be determined here:

  • Should the claim be certified as a class action?
  • Can additional Plaintiffs be added to the original claim?
  • Should the claim be struck, in all or in part?

As per an earlier ruling, the proceedings for certification could be posted online.

The videos (for December 12th to 15th) are now available here:

https://www.covidconstitutionalchallengebc.ca/hearing-videos

The December 16th video should be up soon.

Surprisingly, there was real contention at the beginning as to what kind of site should be hosting the videos. While YouTube was suggested, there were concerns that the Terms Of Service would make it too easy to redistribute. Ultimately, they ended up on Vimeo.

However, please do take heed of the warning. Although the hearings are being made public, the usual rules against redistribution and rebroadcasting still apply. Screenshotting, and otherwise generating new copies would breach the order. We more of this type of content available, not less.

This is a recording of judicial proceedings which may not be further broadcast, rebroadcast, transmitted, reproduced, communicated to the public by telecommunication, or otherwise made available in whole or in part in any form or by any means, electronic or otherwise, or stored in whole or in part in any information storage and retrieval system, without the prior written authorization of the Supreme Court of British Columbia.

Any unauthorized use of this recording in breach of the Order of the Supreme Court of British Columbia shall expose the person doing so to legal proceedings for contempt of court.

For the purposes of this pretrial application, the facts alleged in the plaintiff’s Amended Notice of Civil Claim are assumed to be true for the sake of argument. If this matter proceeds to trial, those allegations will be contested and may in the end be found to be false.

It’s worth noting that Action4Canada got an honourable mention on December 14th. The section is from 2h:18m:34s until 2h:19m:20s. The stellar work of their legal experts needed to be showcased.

The CSASPP provides a page for their status updates, which is in reverse chronological order. If the court documents themselves are a bit overwhelming, this will provide a “Coles Notes” version.

Below are a significant portion of those documents. It’s not exhaustive, but should provide readers with much needed background information. These can be saved or duplicated at will.

DOCUMENTS AVAILABLE FROM CASE
(A) CSASPP 20210126 Notice of Civil Claim
(B) CSASPP 20210321 Request for Assignment of Judge
(C) CSASPP 20210331 Response to Civil Claim
(D) CSASPP 20210531 Cease and Desist Letter to Regulators
(E) CSASPP 20210621 CSASPPs Case Plan Proposal
(F) CSASPP 20210621 Dr Bonnie Henrys availability requested
(G) CSASPP 20210731 Defendants Case Plan Proposal
(H) CSASPP 20210813 Requisition for JMC for 1 October 2021
(I) CSASPP 20210817 Demand for Particulars
(J) CSASPP 20210821 Plaintiffs Response to Demand for Particulars
(K) CSASPP 20210913 Oral Reasons for Judgment Short Leave Application Seeking Stay
(L) CSASPP 20210915 Amended Notice of Civil Claim
(M) CSASPP 20211025 Affidavit No 2 of CSASPP Executive Director
(N) CSASPP 20211028 Proceedings in Chambers Defendants Application for Further Particulars
(O) CSASPP 20221101 Affidavit No 3 of Redacted Deponent Redacted
(P) CSASPP 20221102 Dr Henry and HMTKs Application Response for Webcast Application
(Q) CSASPP 20221115 Respondents Requisition Seeking 16 Nov 2022 CPC to Be Held by MS Teams

(1) https://justice.gov.bc.ca/cso/index.do
(2) https://www.covidconstitutionalchallengebc.ca/court-documents
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.covidconstitutionalchallengebc.ca/faq
(5) https://www.covidconstitutionalchallengebc.ca/transparency
(6) https://www.covidconstitutionalchallengebc.ca/hearing-videos
(7) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc2108/2022bcsc2108.html