Category: *SOLUTIONS*

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A Beginner’s Guide To Pleading Charter Claims (If You Must)

Let’s do something different today.

For people who have been wronged by some level of Government, what is your recourse? Well, suing is an option, of course. But what would Statement of Claim or Notice of Application look like? How would it be presented?

While there’s no perfect way to draft documents, it’s important to understand that very specific information needs to be included. This is especially true when making allegations that Charter Rights have been violated.

The goal here is to get people thinking about what they have to submit when making constitutional challenges, as well as what to avoid. This list is not exhaustive, but includes some common torts. Even Ottawa published an interesting guide on the Charter.

***Note: Many have made the argument over the years that the Charter is worthless, especially in light of the Bill of Rights. This is not meant to address that. Instead, it’s to highlight what information is required to provide in order to bring such cases. As usual, this is INFORMATION, not advice.

With that in mind, let’s begin.

Pleading Facts And Providing Particulars Necessary

JURISDICTION PLEAD FACTS PLEAD PARTICULARS
Federal Court Rule 174 Rule 181
Alberta Rule 13.6 Rule 13.7
British Columbia Rule 3-1(2)(a) Rule 3-7(17)
Manitoba Rule 25.06(1) Rule 25.06(11)
Nova Scotia Rule 38.02(2) and (3) Rule 38.03(3)
Ontario Rule 25.06(1) Rule 25.06(8)

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.

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.

Pleading facts: This means laying out the sequence of events, and giving the who, what, where, when, etc… of what happened. Who said what? Who did what? In the case of alleged Charter breaches, it’s not meant to be a legal argument, or to cite case law.

Pleading particulars: Depending on the nature of the allegations, there’s an extra requirement to spell out the bad behaviour. Again, it’s not meant to devolve into argument. Admittedly though, it can be tricky to argue state of mind at the onset, but something needs to be included.

The above quotes are from the Ontario Rules of Civil Procedure. However, it’s virtually identical across jurisdictions. These apply regardless of whether or not there’s a Constitutional challenge.

Beyond that, Courts have explicitly ruled on what needs to be pleaded in order to bring Charter related cases. The necessary information is very specific.

Here are some common Charter torts that are brought up.

Facts Required For Section 2a (Religion) Pleading

In the above section, it’s explained that it’s necessary to plead a “concise statement of material facts”. Sounds great, but what do these facts need to cover? Well, for major Charter issues, the Courts have long ago ruled on what’s required. There’s no excuse for professional lawyers not to know better.

(1) that he or she sincerely believes in a practice or belief that has a nexus with religion, and
(2) that the impugned state conduct interferes, in a manner that is non‑trivial or not insubstantial, with his or her ability to act in accordance with that practice or belief

https://www.canlii.org/en/ca/fct/doc/2017/2017fc1092/2017fc1092.html#22
https://www.canlii.org/en/ca/scc/doc/2017/2017scc54/2017scc54.html#par68

It’s not nearly enough to say “muh religion”, and leave it at that. To bring such a case, litigants must: (a) explain in detail what those beliefs are; and (b) explain how someone else’s actions or demands have imposed on those beliefs in a serious way.

Facts Required For Section 2d (Association) Pleading

This is a complicated one, although a good guide is available. While there’s much caselaw in the context of collective bargaining (unionization), association is protected under a few grounds.

The purpose of the freedom of association encompasses the protection of
(1) individuals joining with others to form associations (the constitutive approach)
(2) collective activity in support of other constitutional rights (the derivative approach), and
(3) collective activity that enables “those who would otherwise be vulnerable and ineffective to meet on more equal terms the power and strength of those with whom their interests interact and, perhaps, conflict”.

https://www.canlii.org/en/ca/scc/doc/2015/2015scc1/2015scc1.html#par54

Essentially, litigants would have to plead that their association was somehow obstructed or prevented. It’s worth pointing out that Section 2(d) protects the right of association itself, not necessarily the activities for which people are associated.

Facts Required For Section 6 (Mobility) Pleading

For Section 6(1), Canadian citizens have the right: (a) to enter; (b) remain in; and (c) leave Canada. Litigants would have to prove that at least one of these was violated.

For Section 6(2), citizens and permanent residents have interprovincial mobility rights to obtain a livelihood in any Province they wish. They would have to claim that discrimination comes from where they reside.

(a) The principle: The right to pursue the gaining of a livelihood in any province;
(b) The exception: This right is subject to any laws or practices of a general application in force in that province;
(c) The exception to the exception: Except if these laws discriminate among persons primarily on the basis of the province of residence.

https://www.canlii.org/en/ca/scc/doc/2013/2013scc47/2013scc47.html#par18
https://www.canlii.org/en/ca/scc/doc/1997/1997canlii17020/1997canlii17020.html#par51

Facts Required For Section 7 (Security) Pleading

(1) plaintiff must plead facts to establish a deprivation of their right to life, right to liberty or right to security of the person.
(2)The claim must then set out facts to show that any deprivation of these rights was effected in a manner contrary to the principles of fundamental justice.

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2732/2022onsc2732.html#par69
https://www.canlii.org/en/on/onsc/doc/2017/2017onsc2312/2017onsc2312.html#par30

Interestingly, Section 7 “does not describe any right of a corporation or the purely economic interest of a natural person, nor does it guarantee the right to unrestrained business activity or to practice a particular profession or occupation.” This was settled decades ago, but lawyers still take clients’ money to argue these cases.

https://www.canlii.org/en/on/onsc/doc/1990/1990canlii6753/1990canlii6753.html

Facts Required For Section 12 (Cruel/Unusual) Pleading

(1) plaintiff must show that the action involves some treatment or punishment by the state, and
(2) that such treatment is cruel and unusual

https://www.canlii.org/en/ca/fct/doc/2005/2005fc442/2005fc442.html#par27

It’s also noted that: “A mere prohibition on certain conduct, even if it results in cruel and unusual effects, does not qualify as treatment under s. 12. Punishment means a sanction imposed by the state as a corrective measure for the commission of a particular offence.”

Facts Required For Section 15 (Equality) Pleading

Despite common perceptions, the Charter doesn’t really protect equality at all. Instead, it covers a limited number of grounds, and even that is subject to the politics involved.

Enumerated grounds: explicitly stated in the Charter
Analogous grounds: other ones Courts have endorsed over the years.

ENUMERATED GROUND ANALOGOUS GROUND
Explicitly In Charter Recognized By Courts
Race Sexual Orientation
National/Ethnic Origin Marital Status
Colour Off-Reserve Band Member
Religion Citizenship
Sex –
Age –
Mental/Physical Disability –

(1) on its face or in its impact, the state action creates a distinction based on a prohibited ground (either enumerated or analogous); and
(2) the state action imposes burdens or denies a benefit in a manner that has the effect of reinforcing, perpetuating or exacerbating disadvantage

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2732/2022onsc2732.html#par80
https://www.canlii.org/en/on/onca/doc/2021/2021onca534/2021onca534.html#par133

This is why “vaccination status”, and similar arguments have failed in recent years. It’s not covered under the existing lists, and few have tried to add it as an analogous ground. This is why they fail.

Facts Required For Malfeasance Of Public Office Pleading

(1) the tortfeasor engaged in deliberate and unlawful conduct in his or her capacity as a public official; and,
(2) the tortfeasor knew his or her conduct was unlawful and that their conduct was likely to injure the plaintiff.

https://www.canlii.org/en/ca/fct/doc/2021/2021fc1112/2021fc1112.html#par27
https://www.canlii.org/en/ca/scc/doc/2003/2003scc69/2003scc69.html#par23

Although not a Charter issue, malfeasance is worth mentioning, as it’s commonly argued. The necessary elements are easy enough to find. Of course, particulars would have to be included as well. The elements for other torts such as conspiracy or intimidation are easy enough to look up.

Clients Routinely Screwed Over By Inadequate Pleadings

As has been demonstrated, across jurisdictions, there’s a requirement to “plead material facts” when filing a case. It’s easy enough to find out what those facts must include.

Because so many lawsuits involve malice, breach of trust, malfeasance, or a “conspiracy”, there’s an added burden to spell out what’s been going on.

But what happens when clients pay top dollar for counsel who either doesn’t know this, or who can’t be bothered to do it properly? Here are some recent examples.

The above 7 cases have a total of well over 2,000 Plaintiffs, but comprise just 228 pages. That being said, if the: Style of Cause (party names), service addresses and cover pages are removed, it’s much less than 228. So, how do you adequately plead Charter violations in a single line, or 2?

You don’t.

All of these cases demand money for Charter breaches, but don’t plead facts for any of them, for any client. And while alleging all kinds of conspiracies, none are really spelled out.

It’s disheartening that various Law Societies allow incompetent morons to practice. This is done to detriment of clients, the profession, and to society as a whole. They should all be disbarred, as there’s no benefit to letting them keep their licences.

Should prospective litigants be considering Court action, it’s necessary to think about what must be pleaded in a Statement of Claim, or Notice of Application. The Rules of Civil Procedure are available publicly, requiring facts and particulars. Similarly, specific elements of Charter torts have been established long ago.

These claims are a good way to screen out prospective lawyers. If they think such a filing is “okay”, or is “pretty good”, then you’re about to get taken advantage of. Disgust and shock are the reactions they should have.

Understanding the information above will put self-reps in a better position than many “professionals”.

***Once more, this is INFORMATION, not legal ADVICE. Please take everything here with a grain of salt, and do your own research.

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The Gleason Directive: Is It Time To Start Filing Malpractice Lawsuits?

This is a follow-up to the military vaccine passport case of some 330 soldiers. See parts 1, 2, 3, 4 and 5 for background on the litigation.

In the last article, Catherine Christensen was scolded by Justice Locke at the Federal Court of Appeal. She pulled the “improper and high handed” stunt of filing a Notice of Discontinuance on behalf of about 50 clients, without their knowledge or consent. Supposedly, this was over unpaid fees. This was instead of the accepted method of filing a Motion to withdraw. One Appellant, Mark Lolacher, filed a Motion on his own behalf for reinstatement, and was successful.

Rather than simply take the loss, Christensen attempted to file a Notice of Appeal to the same Court. There was also a half hearted attempt to file a Motion to withdraw.

Since the Notice of Appeal was never actually filed, it’s impossible for the average citizen to pull it, or the Motion materials. Nonetheless, we can still deduce a lot from the notes, and the ruling.

Instead of simply complaining, let’s explore a practical solution at the end.

True, the overall Appeal is still ongoing. That being said, it’s beyond obvious at this point the case will never get to Trial. Heck, the first Notice of Appeal doesn’t even challenge Justice Manson’s decision to refuse an extension of time.

Christensen Has Been A Trainwreck Since Day One

(1) Associate Justice Coughlan: Struck the case originally because the pleadings fell far, FAR below what was necessary to make out a case. Even worse, the Federal Court had no jurisdiction because s.29 of the National Defence Act mandated a grievance scheme for everyone to follow.

(2) Justice Manson: Refused an extension of time for a Rule 51 Appeal. The 10 day time limit to file was missed, with no explanation of why. The Motion to extend time also failed to explain, or even hint at, what such an Appeal would look like anyway. The rulings states that, “The interests of justice do not justify the Court allowing poorly prosecuted litigation to proceed forward when there is no likelihood of success.”

(3) Justice Rennie: Had to unnecessarily respond to a Motion to determine the contents of the Appeal Book. Christensen tried to improperly include content that the previous Judge (Manson) had not see. This is generally not allowed, and the parties should have been able to agree on their own.

(4) Justice Locke: Chewed out Christensen for unilaterally filing a Notice of Discontinuance with respect to dozens of her (ex?)-clients, rather than following protocol. Normally, counsel is supposed to file a Motion to Withdraw. Worse, she even opposed a subsequent Motion from Mark Lolacher to be reinstated.

(5) Justice Gleason: Refused attempts to both, (a) file a Notice of Appeal within the same Court, and (b) file a Motion to Withdraw that doesn’t name appropriate parties. The materials weren’t served to everyone anyway, which is another violation of procedure.

Christensen knew in advance that this lawsuit would be (or was at least very likely to be) thrown out due to lack of jurisdiction. The Neri ruling of December, 2021 explained the requirement to follow the grievance scheme, and to not simply sue.

Christensen also knew in advance that failure to abide by the Statute of Limitations would likely see the Rule 51 Appeal being time barred. September, 2024, another of her cases, Tondreau, was tossed for commencing an Application well after the deadline.

Justice Gleason Rules NONE Of The Material Can Be Filed

The amended appeal book may be filed and will replace the appeal book originally filed. The appellants’ memorandum of fact and law and proofs of service, submitted May 30, 2025 may also be filed.

The Registry has also sought direction pursuant to Rule 72 of the Federal Courts Rules, S.O.R./98-106 (the Rules) regarding a Notice of Appeal submitted on behalf of the appellants and Ms. Christensen, counsel of record for the appellants, which names the appellant, Mark Andrew Lolacher, as a respondent. This document has not been filed. The Notice of Appeal purports to appeal to this Court the Order of the Court issued by Justice Locke on May 7, 2025. In the Notice of Appeal, the appellants also seek an order removing Ms. Christensen as counsel of record for 51 of the appellants. The Notice of Appeal was signed by another solicitor, Bath-Shéba van den Berg of the firm Ergonomy Law.

The Notice of Appeal may not be filed. It is wholly irregular because this Court has no jurisdiction to sit in appeal from one of its orders. An appeal lies from an order of this Court, with leave, only to the Supreme Court of Canada. The Notice of Appeal is also irregular in that it substitutes someone else as solicitor of record, names one of the appellants, Mark Andrew Lolacher, as a respondent and counsel of record as an appellant without any order from the Court changing the style of cause or replacing counsel of record.

As was noted in the Reasons for this Court’s Order of May 7, 2025, the proper procedure when counsel wishes to get off the record is for the solicitor to bring a motion under Rule 125 of the Rules. Counsel other than the counsel of record may act on behalf of the counsel of record in such a motion. Indeed, Rule 82 of the Rules provides that a solicitor shall not depose an affidavit and present arguments to the Court in respect of their affidavit, except with leave. Thus, if Ms. Christensen wishes to bring a motion under Rule 125 and files an affidavit in support of the motion, she should either be represented by another solicitor, such as Bath-Shéba van den Berg, or seek leave of the Court under Rule 82 to file the affidavit and present the motion. Her motion record in support of any such motion must be served on all parties for whom she formerly acted, as provided in Rule 125(2). In addition, in accordance with Rule 369.2(1), such motion should be brought in writing or request an oral hearing in accordance with Rule 369.2(2).

As also noted in the Reasons for this Court’s Order of May 7, 2025, Mr. Lolacher, on his own volition, may take steps to no longer be represented in this appeal by Ms. Christensen. He may either file a notice under Rule 124 to appoint a new solicitor (using Form 124A) if he hires new counsel or a notice to act in person (using Form 124C). These steps may also be taken by any of the appellants.

The Registry has also sought direction regarding several documents submitted subsequent to the Notice of Appeal, none of which have been filed.

The first of these is a motion record submitted on behalf of Ms. Christensen by Bath-Shéba van den Berg to remove Ms. Christensen as counsel of record on behalf of 51 of the appellants, to set aside and stay this Court’s Order of May 7, 2025, and to “sever” the appellant, Mark Andrew Lolacher, from the other appellants. It is unclear who the respondents and appellants are on this motion as the style of cause in the Notice of Motion lists only one appellant and respondent and then uses “et al.”. It appears from the affidavit of service that this motion record was served only on counsel from the Department of Justice (who appeared on behalf of the governmental respondents) and Mr. Lolacher, but not on the other 50 appellants for whom Ms. Christensen no longer acts. This motion record may not be filed as it is wholly irregular. To the extent it seeks to appeal this Court’s Order of May 7, 2025, as noted, this Court has no jurisdiction to hear an appeal from one of its orders. To the extent it seeks an order removing Ms. Christensen as counsel of record for Mr. Lolacher and 51 other respondents, the motion record has not been properly served. The stay application appears to be ancillary to the other relief sought.

The remaining documents in respect of which the Registry seeks direction were submitted in response to the foregoing motion or in reply to the responding motion records. None of them may be filed as there is nothing to respond or reply to given that the motion record discussed in the preceding paragraph cannot be filed.

So long as this appeal is outstanding, unless and until a motion is properly brought under Rule 125 and the Court removes Ms. Christensen as counsel of record for some of the appellants or until, one, some or all of them file notice(s) under Rule 124, Ms. Christensen continues to be the solicitor of record for all the above listed appellants unless she or they die, she is appointed to public office, incompatible with the solicitor’s profession, or is suspended or disbarred as a solicitor. To the extent that Mr. Lolacher wishes to make a complaint about Ms. Christensen, his remedy lies with the Law Society of Alberta and not with this Court. Indeed, all the foregoing should have been abundantly clear from the Reasons for this Court’s Order of May 7, 2025.

***Note: one exception is that the Court did permit an amended Appeal Book, for the overall proceeding, to be filed. Everything else was disallowed.

According to Justice Gleason, the Notice of Appeal cannot be filed because it lacks jurisdiction. The Federal Court of Appeal cannot hear an Appeal from one of its own decisions. The only path forward is the Supreme Court of Canada, and Leave (permission) is needed for that. It’s stunning that neither Christensen, nor her “counsel” know this.

The Notice of Appeal also names new counsel, and has new parties, and the Court has signed off on NONE of this.

Christensen has apparently tried to file a Motion to withdraw as counsel for some 50 or so clients. However, she needed to include everyone as named parties, and had to serve everyone. Again, shocking that these basics are not followed.

Justice Gleason was also critical of Mark Lolacher for continuing to complain about Christensen’s conduct. She says that the proper venue about misconduct is the Law Society of Alberta. While true, the LSA isn’t going to handle a complaint when the underlying litigation is still open.

A Practical Solution: Look Into Malpractice Lawsuits

While it may seem daunting, suing former counsel for professional malpractice is an option. It’s not necessary to establish any malice or dishonesty, which makes it easier. This site covered recent examples, here and here, including a Class Action. Here are a few ideas.

TORT OF NEGLIGENCE:

  • Establish duty of care exists between the parties
  • Establish that the duty of care has been breached
  • Establish that the breach of the duty of care resulted in damages

TORT OF BREACH OF FIDUCIARY DUTY:

  • Establish a fiduciary duty (obligation) exists between the parties
  • Establish that the fiduciary duty has been breached
  • Establish that the breach of fiduciary duty resulted in damages

TORT OF BREACH OF CONTRACT:

  • Establish the existence of a valid contract
  • Establish that the contract has been breached
  • Establish that the breach of contract resulted in damages

As is pretty obvious, although these torts are framed differently, the requirements are much the same. The first element can be established by filing the retainer agreements, or other contracts. The second element can be proven with the assistance of the various rulings, showing unprofessional conduct. Lastly, Plaintiffs would have to give some evidence of damages, whether financial, or otherwise.

Neri and Tondreau happened prior to the mistakes here, meaning that Christensen should have been well aware of what was going on. Whether this is intentional, or just incompetence and negligence, Plaintiffs have been let down every step of the way.

Lawyers are required to have insurance to practice. However, that doesn’t mean that the money is there to pay out victims. Commonly, money is used to hire lawyers to fight against justice. Still, it can be overcome, if there is a strong enough case.

If there is a path to justice, it’s through Christensen’s insurance money.

FEDERAL COURT/CLAIM STRUCK:
(1) Qualizza Statement Of Claim (June 2023)
(2) Qualizza Amended Statement Of Claim (July 2023)
(3) Qualizza Statement Of Defence (September 2023
(4) Qualizza Reply To Statement Of Defence (September 2023)
(5) Qualizza Defendants Motion To Dismiss Claim (July 2024)
(6) Qualizza Plaintiff Motion To Strike Written Submissions (August 2024)
(7) Qualizza Order Striking Statement Of Claim Without Leave (November 2024)

FEDERAL COURT/RULE 8 MOTION TO EXTEND TIME/RULE 51 APPEAL:
(1) Qualizza Plaintiffs Motion To Extend Time To Appeal (December 2024)
(2) Qualizza Defendants Respond To Motion To Extend Time To Appeal (December 2024)
(3) Qualizza Order Denying Extension Of Time (January 2025)
(4) Qualizza Federal Court Notes

FEDERAL COURT OF APPEAL/CONTENTS OF APPEAL BOOK:
(1) Qualizza Notice Of Appeal (January 2025)
(2) Qualizza Motion Record Contents Of Appeal Book (February 2025)
(3) Qualizza Responding Motion Record Contents Of Appeal Book (March 2025)
(4) Qualizza Order Contents Of Appeal Book (April 2025)

FEDERAL COURT OF APPEAL/MARK LOLACHER REINSTATEMENT:
(1) Qualizza Notice Of Discontinuance (January 2025)
(2) Qualizza Lolacher Motion Record (March 2025)
(3) Qualizza Lolacher A.G. Responding Motion Record (March 2025)
(4) Qualizza Lolacher Christensen Responding Motion Record (March 2025)
(5) Qualizza Lolacher Order For Reinstatement (May 2025)
(6) Qualizza Lolacher Reasons For Reinstatement (May 2025)

FEDERAL COURT OF APPEAL/VENDETTA AGAINST LOLACHER:
(1) Qualizza Lolacher Letter To Court (May 2025)
(2) Qualizza Federal Court Notes FCA
(3) Qualizza Order Justice Gleason Refusing Filing Of Materials (June, 2025)

SUPREME COURT OF CANADA, APPLICATION FOR LEAVE:
(1) Qualizza SCC Notice Of Application For Leave To Appeal
(2) Qualizza SCC Application For Leave To Appeal
(3) Qualizza SCC Certificate File Access
(4) Qualizza SCC Response From AG Opposing Application
(5) Qualizza SCC Responding Certificate

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A Beginner’s Guide To Finding A Lawyer (If You Must)

Characters such as Lionel Hutz may be a meme at this point, but they are certainly based on reality.

To clarify, lawyers aren’t hard to find. They’re everywhere. But what does matter is finding a good quality one who will actually protect your interests, and not bankrupt you. Alternatively, if you don’t need one, then it’s nice to know before wasting huge amounts of time and money.

Note: everything presented here is just for the purpose of INFORMATION, and not advice. As always, take everything with a grain of salt and research on your own. This is just a mix of opinion, common sense, and experience thrown in.

If it’s someone close to you, there may be a high level of trust already. Still, questions should be asked ahead of time, to avoid things getting complicated.

Another disclaimer should also be included. If you have nearly unlimited amounts of money, or are covered by insurance, it may not seem to be a big deal. Still, it’s wise to put effort into what can be a major financial or life altering decision.

1. Avoid Getting Into Such Situations In The First Place

There’s the old expression that “an ounce of prevention is better than a pound of a cure”. Certainly, there’s logic to that. It’s (usually) better to avoid problems rather than have to fix them later. Ask whether or not this headache is even worthwhile.

2. Alternative Dispute Resolution Options

A problem doesn’t always have to result in going to court. Other options such as mediation (voluntary) and arbitration (binding) are now much more common. True, lawyers are often involved, but they don’t have to be.

3. Self-Representing May Be An Option

A lot has changed in recent years. In the internet era, information is more accessible than ever before. Court forms are readily available to download. Electronic filing (largely) makes physical visits unnecessary, and hearings routinely take place virtually. Search sites such as CanLII allow anyone to look up relevant and related decisions.

Although clerks are prohibited from giving advice, they’re often very helpful in ensuring that the correct paperwork is submitted. Asking is for free.

If you’re aware of a resolved case with related issues, consider ordering (purchase, if needed) some of the filings. Getting ahold of the written arguments will be helpful in understanding what points keep coming up. And if need be, perhaps they can be incorporated into your case.

Also consider if you are self-representing, while the other side is not. This means they’ll be paying lawyer fees every step of the way, racking up expenses. In the long term, it can lead to attrition.

4. Low Cost Representation (i.e. Paralegals) May Be Available

This varies by Province, but lawyers are not always the only game in town. For example, Ontario and B.C. allow paralegals to take some types of cases that used to be more restricted. They charge a fraction of the cost, and can provide the same service. For less urgent matters, it’s worth considering.

Rates vary, but it may be only 10% to 30% of what a lawyer would bill.

An astute observer will realize that everything listed so far has focused on AVOIDING the use of a lawyer. This is not accidental. Circumstances vary, of course. However, sometimes the easiest and cheapest path forward doesn’t involve them.

5. Seeking Free (Or Low Cost) Consultations

Depending on what the situation is, the lawyer may recommend, or at least suggest options #2 to #4. This can actually be a good sign. If the person talks about ways to resolve your problem quickly and cheaply, it’s a clue that they may have your best interests in mind.

With this is mind, it might be better to pay a few hundred dollars for a serious talk. Ask about this type of case, common pathways, documents filed, issues raised at trial, etc….

But if you do end up hiring a lawyer to take your case, there’s much more to do. The more you can learn about this type of law ahead of time, the less likely a prospective hire will try to screw with you.

6. Conduct Background Check On Prospective Contractor

Think for a moment that you are an employer. You’re looking to hire an employee, or perhaps an independent contractor. If the job is serious, or involves a lot of money, then it would certainly be worth the effort to screen them.

Here are a few things to consider before handing over large amounts of money:

(A) Verify who they are: This should go without saying, but make sure the people representing themselves as lawyers are in fact who they claim to be. Checking their Law Society will be helpful. There may not be a photo, but check to see that the name and contact information match up, and that the licence is active.

(B) Search for history of bad conduct: While the respective Law Societies are notoriously bad for holding lawyers accountable, it’s still worth a look. Have they ever been reprimanded or suspended? Are there any active complaints? And do an online search of their name. Have they been involved in anything shady?

(C) Credit check the prospective contractor: This doesn’t mean contacting Transunion or Equifax. In this context, look at the office. Is it extravagantly furnished, or more practical? If the office (or building) appears to be very expensive, then they may promise anything in order to secure more clients. Likewise, seeing luxury cars may be a sign or debt, or overbilling.

(D) Check their portfolio: In this context, research earlier decisions made involving this lawyer. What kind of results are they getting? While it’s true that cases are typically settled, any lawyer who’s been around for a while will have at least some kind of history on CanLII. Look into it. Also, if you know of any (related) cases they’ve been involved with, ask the court for documents, and see what they file.

(E) Reference check for prospective contractor: This can be tricky, since many people aren’t sure what to look for. Is there a trustworthy friend or family member who has used this person with good results? Has anyone been burned by them? While general reputation may matter, finding someone who has dealt with this specific person adds context.

(F) Interview the prospective contractor: That initial meeting isn’t just about whether the lawyer will take your case. It’s also about whether you believe they are suitable to work on your problem. The best way to do this is ro prepare ahead of time. Have some idea who this lawyer is, they work they do, and what kind of litigation they focus on?

Here’s something that anyone who has ever held a managerial role, and hired people, will tell you. A person may present in a very appealing way initially, in order to get hired, but then change afterwards. In other words, they were just putting on an act. Your prospective counsel may be doing the same thing.

Fees may be: (a) hourly; (b) contingency; (c) flat rate; or (d) some combination thereof. It’s always important to get it in writing. If the lawyer refuses to put it in writing, walk away immediately.

All of this may sound excessive. And for cases involving low amounts of money, or other consequences, it is. But if your case involves hundreds of thousands — or millions — then it’s worth putting the effort in to screen out potential disasters.

7. The Critical Question: “Have You Done This Before”?

This one question had interesting results on a personal level.

Lawyers will often “sell” their abilities to handle a certain area of law. They’ll tell you that the subject is very complex, and that they can help get you through. The usual pitch is that this is too much for the typical person to deal with, but without getting into specifics.

Then, ask the lawyer: “Have you ever done this before?”

This has actually led to admissions that it would be a first time. Retaining such a lawyer would amount to paying them to learn how to do such a thing. Maybe it’s preferable for some or most people. But why not save the money and teach yourself?

Now, should the lawyer say yes, it’s good to follow up with requesting if the result is available on CanLII, or some other site. If there’s hesitation or unease about this, it’s a likely sign that you’ve caught out a grifter lying about their abilities.

Here’s the TL, DR (too long, didn’t read) summary. Depending on the circumstances, it may be worthwhile to avoid lawyers altogether. Many people are capable of learning things themselves. But if you must hire one, view it the way you would hiring an employee or contractor.

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Class Action Malpractice Lawsuit Against Rocco Galati: New Clients Being Sought

Westpoint Law Group is now accepting applications for potential new clients. This involves a (Proposed) Class Action suit filed in Edmonton, Alberta.

“Canada’s Top Constitutional Lawyer” faces a multi-million dollar malpractice lawsuit for how he has conducted anti-lockdown litigation going back to 2020. The basic allegation is that his work falls far below any level of professionalism that should be expected. Details include:

(a) Missing critical deadlines and being time barred
(b) Having cases thrown out for lack of jurisdiction
(c) Recycling pleadings in subsequent cases
(d) Drafting cases which are too convoluted to be addressed
(e) Not following basic rules of procedure
(f) Not properly advising clients of risks involved
(g) Encouraging unionized workers not to formally grieve
(h) Undisclosed conflicts of interest
(i) Seeking relief unavailable in Civil Court (i.e. criminal remedies, Nuremberg, Helsinki, International Criminal Court, crimes against humanity, etc…)
(j) Not advancing his cases in a timely manner
(k) Not seeking Injunctions that were promised
(l) Unnecessarily driving up costs
(m) Appealing decisions when amending was available

The claim contains essentially the same allegations which have been addressed on this website for several years. Nice that something is finally being done about it.

The suit names: (1) Galati personally; (2) his law firm; and (3) the Constitutional Rights Centre. The CRC is the organization which receives donation money. There are in fact 2 separate corporations sued.

There are 2 subclasses as well. The first group is for those who were represented by Galati in any of these cases. The second is for anyone who donated, thinking these claims were legitimate.

Worth noting: Kulvinder Gill and Ashvinder Lamba, both former clients of Galati’s, filed malpractice suits of $2,000,000 and $600,000 respectively. According to the Toronto Registry, both cases are still open. Since insurance money is limited, will we see Plaintiffs fighting over the same pot of money?

125(b). an accounting and disgorgement of revenue obtained by each of the Galati Defendants to draft each Pleading and to pursue each appeal;

Paragraph 125(b) of the Statement of Claim asks for “accounting and disgorgement”. What this means is that an attempt will be made to seize all money taken in for these cases.

Tamara Ugolini of Rebel News covered this as well. (See video)

Which Are The 6 Defective Cases Being Referenced?

There have been so many bogus and defective cases brought in recent years, it may be difficult to keep track of them. For reference, these are the 6 listed in the Statement of Claim.

  1. Vaccine Choice Canada: ONSC CV-20-00643451-0000 (the “2020 Ontario Action”)
  2. Sgt. Julie Evans (Police On Guard):ONSC CV-21-00661200-0000 (“2021 Ontario Action”)
  3. Dorceus: ONSC CV-22-00685694-0000 (the “2022 Ontario Action”)
  4. Katanik: ONSC CV-23-00695518-0000 (the “2023 Ontario Action”)
  5. Action4Canada: BCSC S217586 (the “BC Action”)
  6. Adelberg: Federal Court T-1089-22 (the “Federal Court Action”)

3 of them have been dropped: (a) Vaccine Choice Canada; (b) Evans; and (c) Katanik
3 have been struck at least once: (a) Dorceus; (b) Action4Canada; and (c) Adelberg

While the ones that were struck are officially still “open” cases, let’s be realistic. None of them will ever get to Trial on the merits.

Galati Called Out For REPEATEDLY Wasting Court Resources

(1) British Columbia Supreme Court (Justice Ross)
Action4Canada v British Columbia (Attorney General), 2022 BCSC 1507 (CanLII)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html

(2) British Columbia Court of Appeal (Justices Marchand, Dickson, Voith)
Action4Canada v. British Columbia (Attorney General), 2024 BCCA 59 (CanLII)
https://www.canlii.org/en/bc/bcca/doc/2024/2024bcca59/2024bcca59.html

(3) Federal Court of Canada (Justice Fothergill)
Adelberg v. Canada, 2023 FC 252 (CanLII)
https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html

(4) Federal Court of Appeal (Justices Gleason, Boivin, LeBlanc)
Adelberg v. Canada, 2024 FCA 106 (CanLII)
https://www.canlii.org/en/ca/fca/doc/2024/2024fca106/2024fca106.html

(5) Ontario Superior Court of Justice (Justice Koehnen)
Dorceus v. Ontario et al., 2024 ONSC 7087 (CanLII)
https://www.canlii.org/en/on/onsc/doc/2024/2024onsc7087/2024onsc7087.html

The BCSC and BCCA rulings are the Action4Canada case.
The FC and FCA findings are Adelberg.
The ONSC decision is from Dorceus.

Of course, the comments from Justice Chalmers in the CSASPP defamation case are very telling. He was quite blunt about how he viewed the VCC and A4C pleadings.

[75] In the e-mail to Mr. Dicks, Mr. Gandhi states that lawyers who reviewed the Ontario claim, “said it was very poorly drafted” and “will most likely get struck”. I am of the view that there is justification for this comment. The Ontario pleading is prolix and argumentative. The claim advances pseudo-legal concepts and conspiracy theories that the pandemic was pre-planned and executed by the WHO, Bill Gates, the World Economic Forum and unnamed billionaires and oligarchs. The similarly drafted A4C claim was struck by Justice Ross. In doing so, he described the pleading as “bad beyond argument”.

Dorceus and the CSASPP defamation cases were appealed. Dorceus has yet to be heard, while CSASPP is currently under reserve. It seems extremely unlikely that either will be even partially overturned.

Given that many, MANY Judges have already issued scathing reviews of Galati’s work, it’s difficult to see how this can be overcome.

How Easy Would It Be To Prove The Torts Here?

This lawsuit cites a few different torts, such as breach of contract, breach of fiduciary duty, and negligence. That said, the requirements are much the same for each.

(a) Establish a contract, obligation, or duty to another person or group
(b) Prove that the contract, obligation, or duty has been breached
(c) Prove that damages have resulted from the breach

The first part of the test can be established with almost any documentation, such as a retainer agreement, or receipts showing donations.

The second part should be straightforward, given the various Court rulings cited above. Lawyers have an obligation to take on cases in a professional and diligent manner. This clearly hasn’t been happening. Plaintiffs can of course give evidence of issues not addressed elsewhere.

The third part will involve showing that any breach resulted in harm or financial loss.

When SUING Your Critics Just Isn’t Enough

Not content with simply suing (and threatening to sue) his critics, Galati has also made threats to involve the RCMP. This would be considered “swatting” by most people. The included letter is from September 2021, and addressed to the Law Society of Ontario, or LSO. While framed as “harassment”, the true purpose is to silence the very legitimate criticism of his defective cases.

And as usual, the LSO did nothing.

They don’t protect the public in any meaningful way.

COURT DOCUMENTS:
(1) Rocco Class Action Statement Of Claim February 2025

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Canada Post Employees Appeal Dismissal Over Arbitration Requirements, Faulty Pleadings

Employees at Canada Post (a.k.a. the “Posties”) are trying to appeal a March 2024 ruling that saw their lawsuit struck, without an opportunity to amend. Rule 51 of the Federal Courts Rules allows for findings of Associate Judges to be reviewed by way of Motion. However, it wasn’t the Court that screwed them over, but their counsel.

They should have been advised from the beginning that filing the lawsuit in the first place was a dead end, with no chance of success. Or perhaps they were….

Backstory Of What’s Been Going On

For context: back in the Spring of 2022, an Canada Post Arbitration Ruling Redacted ruled against employees at Canada Post. The Union had challenged the new policy requirements for injections that the Federal Government had brought in. Understandably, many workers weren’t happy about it.

The Canadian Union of Postal Workers, or CUPW, is the group representing employees. There is, of course, a collective bargaining agreement that everyone is expected to follow. Article 9 specifies the grievance resolution process, and binding arbitration is the end. Arbitration is considered to be final, as it’s an alternative to going to Court. Although the CUPW did fight for its workers, they still lost. Arbitrator Thomas Jolliffe ruled against them.

However, if the process is unfair, there’s often a way to have it looked at. This is done by an Application for Judicial Review. It’s analogous to appealing an unfavourable ruling, if not handled properly. But that’s not what ended up happening.

Leighton Grey, an Alberta lawyer, apparently convinced a few hundred employees to ignore the decision of Arbitator Jolliffe, and the grievance process altogether. June 2022, he filed an 18 page Statement of Claim. Yes, he sued Canada Post, instead of asking the earlier decision to be reviewed.

The Claim itself was very poorly written, and lacked much of the necessary information to proceed. It pleaded no facts whatsoever about individual Plaintiffs — remember, it was only 18 pages — and didn’t provide the necessary particulars to support allegations of bad faith and malice. There was also the problem that while Canada Post was a Crown Corporation, legally, it was considered separate from the Government.

For the next year, the file was largely inactive. The Claim was later amended, and not for the better. Eventually, the Court ordered the case to advance, so the Defendants moved to have the case thrown out.

And the case was eventually struck, without Leave to Amend. Plaintiffs weren’t allowed to sue, just because they were unhappy with the Arbitration results. Moreover, the Claim wasn’t pleaded anywhere close to properly.

At least some of those clients now have a new lawyer, Jason Gratl. He’s now seeking an extension of time to file a Rule 51 Motion for Reconsideration. An included Affidavit also alleges Grey didn’t file Notice of Motion as expected.

Timeline Of Events Leading To This Point

This is a follow up to a March 2024 article on the Canada Post lawsuit. Even more background information is here, to help understand the chain of events. It’s important to note that the CUPW went through the full arbitration process — as required — prior to this lawsuit commencing.

Leighton Grey Implies Federal Court “Rigged” Outcome

In a post on Twitter, Grey comments about a case involving over 300 military veterans being struck. That too was struck for the 2 main reasons: (a) not following prescribed grievance scheme/lack of jurisdiction; and (b) failure to properly plead the Statement of Claim.

“Same judge”
“Same judgment”
“Same reasons”
“Same comments”
“Even the same costs”
“Is anyone else seeing a pattern?”

Yes, there obviously is a pattern. 2 grossly inept and incompetent lawyers — Grey and Catherine Christensen — filed claims when there was no jurisdiction to do so. Neither of them pleaded their cases with anywhere near the detail necessary to advance a suit anyway.

There’s also the issue raised that Canada Post, a Crown Corporation, is considered separate from the Government. While pedantic to many, it was raised at the hearing.

However, in the way this is presented, it looks as though Grey implies Associate Judge Coughlan has been maliciously fixing her decisions. Although careful not to state it directly, it’s the impression that his audience would be left with. He suggests that she, and perhaps the entire Federal Court, is corrupt.

Should lawyers be actively working to undermine trust and confidence in the Judiciary? That’s what it looks like Grey is intentionally doing.

Valour Legal Action Centre, the firm Christensen runs, tweeted out similar comments, implying that Associate Judge Coughlan fixed that one as well. These are very risky things to say, especially in light of the serious and legitimate errors raised in the respective cases.

Accusing the Federal Court, and Associate Judge Coughlan, of “hiding behind the grievance system”, amounts to an allegation of corruption. Is this wise to post on Twitter?

Grievance/Arbitration Requirement Bars Court Action

Canada Post is a unionized workplace, and there are systems in place to handle grievances. This is spelled out in Article 9 of the collective bargaining agreement. Most relevant is the requirement to seek arbitration if other, lesser methods fail. An Arbitrator’s ruling is to be considered final. There is no inherent right to sue.

As for the Canadian Government itself, legally, it’s distinct and separate from the Crown Corporations — yes, unfair — despite Canada Post obeying its orders to force injection mandates.

Arbitration didn’t go the way the workers wanted, so Grey sued the company anyway. Having the case struck for lack of jurisdiction was entirely predictable. However, he implies that the Federal Court had predetermined the outcome.

Grey also filed lawsuits against: (a) Canadian National Railway; and (b) Purolator in recent years. He’s well aware of this issue, as counsel in those cases have raised it as well.

As for the new lawyer, Jason Gratl, he’ll have a difficult time with his Rule 51 Motion, assuming he gets the time extension. In theory, a competent lawyer could plead a new Statement of Claim properly. That said, the lack of jurisdiction is fatal. No amount of pleading facts or detail will get around this, which makes one wonder why he’s doing this at all.

Rule 51 Motions are meant to correct errors made by the Associate Judge. They’re not a way to fix a mess created by incompetent counsel.

Statement Of Claim Not Pleaded Properly, Once Again

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

Regular readers on this site will have heard of Rules 174 and 181 of the Federal Court Rules. Similar provisions exist in all Provincial Courts as well.

However, Grey doesn’t do this at all. The Statement of Claim is just 18 pages, and there’s no information pleaded about any specific Plaintiff. “Facts” are supposed to include the who, what, where, when and how of events unfolding. There has to be enough detail about each Plaintiff that the Defendants can respond.

Grey doesn’t plead any facts that would establish any Charter breaches either. There are specific requirements that have to be met for each tort that each Plaintiff is raising.

Facts Required For Section 2a (Religion) To Be Considered

(1) that he or she sincerely believes in a practice or belief that has a nexus with religion, and
(2) that the impugned state conduct interferes, in a manner that is non‑trivial or not insubstantial, with his or her ability to act in accordance with that practice or belief

https://www.canlii.org/en/ca/fct/doc/2017/2017fc1092/2017fc1092.html#22

Facts Required For Section 7 (Security) To Be Considered

(1) plaintiff must plead facts to establish a deprivation of their right to life, right to liberty or right to security of the person.
(2)The claim must then set out facts to show that any deprivation of these rights was effected in a manner contrary to the principles of fundamental justice.

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2732/2022onsc2732.html#par69

Facts Required For Section 15 (Equality) To Be Considered

(1) on its face or in its impact, the state action creates a distinction based on a prohibited ground (either enumerated or analogous); and
(2) the state action imposes burdens or denies a benefit in a manner that has the effect of reinforcing, perpetuating or exacerbating disadvantage

ENUMERATED GROUND ANALOGOUS GROUND
Explicitly In Charter Recognized By Courts
Race Sexual Orientation
National/Ethnic Origin Marital Status
Colour Off-Reserve Band Member
Religion Citizenship
Sex –
Age –
Mental/Physical Disability –

However, “vaccination status” has never been recognized as an analogous ground.

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2732/2022onsc2732.html#par80

General Formula For Charter Damages Under Section 24

(i) establish whether there has been a Charter breach;
(ii) show why damages are a just and appropriate remedy, having regard to the related functions of compensation, vindication of the right (in question), and/or deterrence of future breaches;
(iii) if the plaintiff is successful in meeting these two steps, the state then has the opportunity to demonstrate that damages are inappropriate or unjust; and
(iv) if the state is unsuccessful, assess the quantum of damages

https://www.canlii.org/en/mb/mbca/doc/2012/2012mbca64/2012mbca64.html#11

And again, Grey would have to plead sufficient facts about each Plaintiff who was invoking these rights. However, there’s no information provided about any of them. No wonder the case was struck. It’s impossible to establish there’s been a Charter breach (part i), when there are no facts pled to even theoretically support such a claim.

As for “pleading particulars”, Rule 181 of Federal Court Rules, Grey makes all kinds of allegations of malice, conspiracy, and malfeasance of public office. He needs to explain the who, what, where, when and how that all of this happened.

Grey includes allegations such as Criminal Code violations — which would get the Claim immediately struck — because a Civil Court has no jurisdiction to hear them.

In fact, there’s no shortages of torts listed, but there are no facts or particulars included that would support a claim for any of them, in favour of any Plaintiff. It’s “Mr. Bad Beyond Argument 2.0”.

A proper Statement of Claim with this many Plaintiffs would be hundreds of pages long. It’s not something that Grey — or this new lawyer — can fix with amendments.

What Happens Now?

The Plaintiffs seeking to have the decision reviewed — which is not all of them — first need to convince the Court to grant an extension of time to have their main Motion heard. The first is a procedural Motion, and in theory, is doable.

Then, they need to be persuasive that Associate Judge Coughlan shouldn’t have thrown the case out completely, that she should have at least given Leave to Amend. This will be difficult, especially with: (a) Court not having proper jurisdiction; and (b) the Statement of Claim being so deficient of necessary information. It seems extremely unlikely for a review to be successful.

Arbitator Jolliffe’s ruling is considered binding.

To be honest, Jason Gratl would have far better luck suing Grey for incompetence, negligence, and malpractice. His performance falls far short of what one should expect from a senior lawyer. At least his clients would get some of their money back.

We’ll have to see how this plays out.

LITIGATION:
(1) Canada Post Statement Of Claim (July 2022)
(2) Canada Post Amended Statement Of Claim (June 7, 2023)
(3) Canada Post Order Timetable (July, 2023)
(4) Canada Post Defendants Motion Record (October, 2023)
(5) Canada Post Plaintiff Responding Motion Record (January, 2024)
(6) Canada Post Plaintiff Responding Motion Record CP (February, 2024)
(7) Canada Post Further Amended Statement Of Claim (February, 2024)
(8) Canada Post Decision Striking Amended Pleading
(9) Canada Post Notice Of Change Of Solicitor (November, 2024)
(10) Canada Post Affidavit of Karine Solakian (November, 2024)
(11) Canada Post Notice Of Motion (November, 2024)

TWITTER:
(1) https://x.com/GreyMatterConvo/status/1858612823900770492
(2) https://x.com/GreyMatterConvo/status/1858635451839508580
(3) https://x.com/GreyMatterConvo/status/1858635720052584917
(4) https://x.com/ValourLegal/status/1858178030369186289

ARBITRATION:
(1) https://www.cupw.ca/sites/default/files/urb-ja-31-2022-ca-en.pdf
(2) Canada Post Collective Bargaining Agreement 2022
(3) Canada Post Arbitration update, February 2022 (removed)
(4) Wayback Machine Archive
(5) CUPW On Some Updates On Arbitration
(6) Wayback Machine Archive On Arbitration Updates
(7) https://www.cupw.ca/en/last-days-arbitration-vaccination-practice-grievance
(8) Wayback Machine Archive Of April 1st, 2022 Update
(9) https://www.cupw.ca/en/arbitrator-dismisses-grievance-against-canada-post%E2%80%99s-mandatory-vaccination-practice
(10) Arbitration Decision (Removed)
(11) Canada Post Arbitration Ruling, Redacted Version
(12) Wayback Machine Archive Of Arbitration Decision
(13) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont

OTHER LAWS AND DECISIONS
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html#par52
(2) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html#par51
(3) https://www.canlii.org/en/ca/fca/doc/2015/2015fca20/2015fca20.html
(4) https://www.canlii.org/en/ca/fct/doc/2017/2017fc786/2017fc786.html#par32
(5) https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/index.html
(6) https://laws-lois.justice.gc.ca/eng/acts/F-7/FullText.html
(7) https://laws-lois.justice.gc.ca/eng/acts/P-33.3/

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Action4Canada Case Remains In 2024 LSBC Professional Legal Training Course

The Law Society of British Columbia (LSBC) has released the 2024 edition of their Professional Legal Training Course (PLTC). The infamous Action4Canada suit, led by “Mr. Bad Beyond Argument”, makes another appearance. The Notice of Civil Claim, NOCC, had been struck in its entirety. This was in the 2023, and was kept in this edition as an “educational exercise”.

Instead of rewriting the NOCC, as was permitted, the case was appealed. Recently, the B.C. Court of Appeal laughed Action4Canada out of there, stating they didn’t understand what was being challenged.

For more background information, here’s the earlier piece. In short, the LSBC is responsible for licensing lawyers (both new and old) in this Province. One of the requirements is that prospective lawyers — articling students — demonstrate a minimum competency in the law.

There are reasons for doing this. It’s in the public’s benefit that members of a “regulated profession” prove themselves to be intelligent and competent in their field. It hurts clients when they retain lawyers or paralegals who have no clue what’s going on. It also can clog the Courts when countless Appeals are launched on the basis of “ineffective assistance of counsel”.

Here’s a brief timeline of events in the Action4Canada case

(1) Despite fundraising since the Summer of 2020, nothing was actually filed until August 2021, nearly a year later. What finally came was a 391 page convoluted mess.

(2) August 2021: This critique was published. It quoted Rules 3-1, 3-7 and 9-5 of Civil Procedure for British Columbia. In short, it failed to meet even the basic requirements of a pleading. The site was sued a week later over it, after it allegedly caused donations to plummet.

(3) October 2021: The Defendants start issuing responses to the 391 page Claim.

(4) January 2022: Defendants being filing Applications to Strike the Claim, given how incoherent it is, and impossible to follow. This wasn’t a determination on the merits, just the quality of the writing. The reasons cited include many that the Canuck Law article had published.

(5) May 2022: The Application to Strike is finally heard. It’s worth hearing what it was about. The Claim was so long, confusing and convoluted, that it was impossible to respond to it in any meaningful way.

(6) August 2022: The Claim was struck as “bad beyond argument”. It was officially struck for being prolix and confusing, although many errors were outlined. However, Justice Ross did allow it to be rewritten, saying there was a prospect that a valid Claim could be filed.

(7) September 2022: Even though the decision was a humiliation, Gaw took to the alternative media to proclaim that it was “really a win”, and that Justice Ross had accepted the case as valid. This was a gross distortion of reality.

(8) September 2022: Instead of simply rewriting an amended Notice of Civil Claim, the case was appealed. No real explanation of that was ever given.

(9) February 2023: The Law Society of British Columbia includes the Action4Canada pleading in their Professional Legal Training Course (PLTC). This is one of the courses that prospective lawyers are required to take before letting licensed. This case is actually used as a teaching exercise in how not to draft documents.

(10) February 2023: The Federal (Adelberg) case is struck as “bad beyond argument”. Justice Fothergill references the Action4Canada case, and concludes it has many of the same defects.

(11) October 2023: No serious attempt had been made to book the actual hearing, which is why the Appeal became classified as “inactive”. If the date isn’t booked within 12 months after filing the Notice of Appeal, this is done automatically.

(12) October 2023: Just days after bring criticized for the lack of a hearing, A4C books the date for February. It seems that public scrutiny forced them to move ahead. Perhaps the goal was to just let the Appeal get thrown out as “abandoned”.

(13) February 2024: The LSBC posts their latest edition of the Professional Legal Training Course (PLTC), and the Action4Canada case is still in it. The overall text has been updated (from 140 pages to 147), but the editors still thought it was worth keeping in.

(14) February 2024: The Action4Canada Appeal is heard, and promptly dismissed.

(15) February 2024: Despite being laughed out of the Court of Appeal, Action4Canada insists that it was really a win, and that things are moving along.

On their website, Action4Canada called it a victory, being able to rewrite the NOCC. It didn’t seem to matter that the Claim had been struck in its entirety.

The Appeal was also thrown out, which was called a “successful outcome”.

This is some pretty delusional stuff.

What does the Professional Legal Training Course say about this?

If pleadings are inadequate the matter will typically not get as far as trial. In a recent example of wholly inadequate pleadings, the plaintiff filed a 391-page notice of civil claim that was struck (see §2.06(3) below on striking pleadings) as being “prolix” and “bad beyond argument.” In Action4Canada v. British Columbia (Attorney General), 2022 BCSC 1507, the plaintiffs sued a host of politicians and crown corporations over pandemic-related measures they said were not based in science, exceeded the defendants’ authority, and breached Charter rights. The notice of civil claim was struck in its entirety. The judge said (at para. 51) it is counsel’s job to draft pleadings that do not offend the Rules. The judge also said the claim was too prolix for the defendants to be able to respond, and it was not the court’s job to interpret the claim:

To put those points another way, I have indicated above that the prolix nature of the NOCC makes it impossible for the defendants to respond to it. For the same reason, I am not able to parse the 391 pages of the improperly drafted NOCC and indicate whether paragraphs, categories or claims should remain in, or should be struck. That is not the proper role of this court. It is counsel’s obligation to draft pleadings that do not offend the mandatory requirements of the Rules.

On those few pages, starting at #15, the Law Society not only roasts Action4Canada, but goes on to explain how pleadings should be drafted. Again, this is written for articling students working towards a license. It’s not designed for 30+ year veterans of the profession.

Bonnie Henry, John Horgan, David Eby, Adrian Dix, and all the others are not scared by this lawsuit. In fact, if any of them are aware of it, they’re probably having a good laugh. How could anyone be gullible enough to donate, or to be a client?

5. Pleading the Facts
Plead a “concise statement of the material facts giving rise to the claim”: SCCR 3-1(2)(a).

The “material facts” are those facts that are essential to forming a complete cause of action or defence, as the case may be: Young v. Borzoni, 2007 BCCA 16 at para. 20. The evidence that tends to prove those facts should not be pleaded (SCCR3-7(1)). Suppose the issue is whether X has authority to make a certain contract on behalf of the defendant. It is sufficient for the plaintiff to plead that “the defendant employed X as agent to make the contract on his behalf” or that “the defendant held out X as having authority to make the contract on his behalf.” It will be unnecessary and improper to plead that “X has been employed by the defendant for many years to execute contracts of this type on his behalf” or that “the defendant informed the plaintiff that X was the defendant’s agent.”

The material facts part of the pleadings should not include matters of law. However, if a particular statute is relied upon as the foundation of a claim or defence, you must plead the facts necessary to bring the case within the statute.

When pleading the material facts, be clear and brief. There should be no ambiguity in the allegations. Set out each separate allegation of fact in a separate paragraph, so that the defence, in responding to the pleading, will admit or deny each fact separately. The danger in combining facts in a larger paragraph is that defence counsel, in seeking to deny any part of that paragraph, would deny it all. That would put plaintiff’s counsel to the burden of proving facts that might not really be in dispute.

In drafting allegations of fact, avoid colouring them, as that might force the other side to deny what would otherwise be basic facts. For example, in a motor vehicle action, it is good practice for the plaintiff’s counsel to set out the fact of a collision (which likely will be admitted) and then in a separate paragraph set out the allegations of negligence of the defendant (which will be denied). Avoid, for example, combining the facts and allegations of lawful right or fault. If the pleadings state, for example, that the plaintiff was “driving in a lawful manner south on Granville Street,” then defence counsel will deny the entire allegation.

When drafting pleadings, it is often helpful to refer to a precedent as a guideline. However, never follow a precedent blindly. You should know what context it was created for, and how you should adapt or modify it. For example, some plaintiffs’ counsel make it their practice to allege in every case that the defendant driver’s ability to drive was impaired by alcohol or a drug. If the plaintiff is a passenger in the defendant’s motor vehicle, such a pleading opens the door to the defence to plead that the plaintiff was contributory negligent or accepted the risk of riding with an impaired driver. Furthermore, if the defendant was impaired, that fact might affect their insurance coverage. You should consider precedents carefully and modify them as needed.

6. Pleading the Relief Sought
The plaintiff must set out the relief sought against each named defendant: SCCR 3-1(2)(b). Tell the court what your client wants: for example, an injunction, a declaration, or damages.

Consider carefully any declarations you may be able to obtain from the court. When a court makes a declaration, it “declares” what the law or a fact is. It is not making an order. Declarations can establish a party’s standing and legal rights, which can significantly determine the outcome of a proceeding.

Having a role in this book both in 2023 and 2024 is hardly something to be proud of. This is an educational book for articling students, who haven’t even passed the bar. It’s not just the the NOCC was bad, it’s that the LSBC thinks it’s worth using as an example.

The Action4Canada case could have been so much better if this section had been observed when drafting the NOCC.

  • There should have been short, concise paragraphs, each alleging a single fact. Instead, many paragraphs were between a half and full page each, containing many unrelated allegations. This made it simpler for Defendants to simply deny everything.
  • By not having clear and concise facts — many of which may have been admitted — the Plaintiffs would now be put through the time and expense of having to prove everything.
  • The allegations weren’t clear and ambiguous at all. The who, what, where, when, why and how were typically missing, or contained in hundreds of footnotes.
  • Counsel didn’t make the allegations plain and neutral. There were all kinds of inflammatory accusations thrown in, but without the specific detail to back them up.
  • Legal arguments should not be made within the facts being pleaded. While it’s true that enough facts have to be alleged to support the law being cited, this is not the place for argument.
  • It wasn’t clear what relief was sought. That section was 45 pages, and very repetitive.
  • Despite being 45 pages, it wasn’t clear which Defendants were being asked to pay what money to which Plaintiffs. People should not be left guessing.

Will Action4Canada Appeal be in the 2025 edition?

The PLTC doesn’t really get into Appeals in great detail. However, there are 2 parts about the A4C Appeal that make it a good contender for another honourable mention.

(1) Page 101 addresses in a fair amount of detail the concept of costs. These are to partially compensate successful parties. They’re also almost entirely discretionary, and an Appellate Court will typically not interfere with them.

(2) Page 99 does briefly address some of the principles in appealing. It’s possible that the LSBC will find it necessary to explain the difference between “orders” and “reasons”. Hopefully, this means that other lawyers don’t waste time filing frivolous Appeals.

Once again, these books are aimed at aspiring lawyers, not established veterans with decades of experience.

It’s comical that at least 2 defamation lawsuits were filed for criticizing the quality of such work. The people responsible for those also make far worse accusations about being “paid agitators”. Will any more of these cases follow?

LSBC TRAINING MANUAL
(1) https://www.lawsociety.bc.ca/becoming-a-lawyer-in-bc/admission-program/professional-legal-training-course/
(2) https://www.lawsociety.bc.ca/becoming-a-lawyer-in-bc/admission-program/professional-legal-training-course/faq-pltc/
(3) LSBC Civil Instruction Manual 2023
(4) LSBC Civil Instruction Manual 2024

ACTION4CANADA APPEAL DOCUMENTS:
(1) A4C Notice Of Appeal September 28 2022
(2) A4C Appeal – Notice Of Appearance – VIHA
(3) A4C Appeal – Notice Of Appearance – BC Defendants
(4) A4C Appeal – Notice Of Appearance – Attorney General of Canada
(5) A4C Appeal – Notice Of Appearance – Peter Kwok, Translink
(6) A4C Appeal – Notice Of Appearance – BC Ferries, Brittney Sylvester
(7) A4C Appeal – Appeal Book – Appellant
(8) A4C Appeal – Appeal Book – Respondent VIH And PHC
(9) A4C Appeal – Appeal Record – Stand Alone Respondents VIHA
(10) A4C Appeal – Appeal Record – Stand Alone
(11) A4C Appeal – Factum – Appellant
(12) A4C Appeal – Factum – Respondent Attorney General Of Canada
(13) A4C Appeal – Factum – Respondent BC Ferries and Brittney Sylvester
(14) A4C Appeal – Factum – Respondent HMK -Provincial Defendants
(15) A4C Appeal – Factum – Respondent Peter Kwok and Translink
(16) A4C Appeal – Factum – Respondent VIHA and Providence Health
(17) A4C Appeal – Consent Order – Factum, Time Limits
(18) A4C Appeal – Change In Representation – BC Defendants
(19) A4C Appeal – Notice Of Hearing February 2024
(20) CanLII Decision In Action4Canada Appeal

ACTION4CANADA BCSC DOCUMENTS:
(1) A4C BCSC – Notice Of Civil Claim
(2) A4C BCSC – Response to Civil Claim (Health Authority Defendants)
(3) A4C BCSC – Response to Civil Claim (Provincial Defendants)
(4) A4C BCSC – Affidavit No 1 of Rebecca Hill
(5) A4C BCSC – Notice of Application (AG and RCMP applies to strike)
(6) A4C BCSC – Notice of Application (Provincial Defendants applies to strike)
(7) A4C BCSC – Notice of Application (Translink applies to strike)
(8) A4C BCSC – Application Response (Health Authority Defendants consent to strike)
(9) A4C BCSC – Application Response (BC Ferries consents to strike)
(10) A4C BCSC – Application Response (AG and RCMP consent to Prov. strike application)
(11) A4C BCSC – Application Response (Translink consents to HA Defendants strike application)
(12) A4C BCSC – Application Response (Translink consents to Prov. strike application)
(13) A4C BCSC – Affidavit No 2 of Rebecca Hill
(14) A4C BCSC – Application Record (to strike)
(15) A4C BCSC – Application Response (all plaintiffs)
(16) A4C BCSC – Amended Application Response (all plaintiffs)
(17) A4C BCSC – Transcript Application To Strike
(18) A4C BCSC – Reasons For Striking NOCC In Its Entirety
(19) A4C BCSC – Order striking pleadings
(20) A4C BCSC – Order striking pleading in its entirety with costs payable forthwith
(21) A4C BCSC – Appointment to assess bill of costs for Kwok and Translink
(22) A4C BCSC – Notice of Discontinuance (Kimberly Woolman & Estate of Jaqueline Woolman)
(23) A4C BCSC – Notice of Discontinuance (Amy Muranetz)
(24) A4C BCSC – Notice of Discontinuance (Federico Fuoco & Fire Productions Ltd.)

OTHER:
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(2) https://www.lawsociety.bc.ca/Website/media/Shared/docs/becoming/material/civil.pdf
(3) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/168_2009_01#rule3-1
(4) https://justice.gov.bc.ca/cso/index.do
(5) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2022a#division_d0e3656
(6) https://www.canlii.org/en/bc/bcca/doc/2022/2022bcca450/2022bcca450.html#par10

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