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?

(3) LSBC Civil Instruction Manual 2023
(4) LSBC Civil Instruction Manual 2024

(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

(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.)


A Little Discernment Can Go A Long Way….

Above is a photo from the International Federation of Library Associations and Institutions. This exact image is available at my local library, and probably many others across Canada as well. It’s meant as a rough guide for filtering out information.

While it presumably is targeted at books, the same guidelines are valid for podcasts, articles, videos and other content. And there are worthwhile things to ask.

  • Are there any supporting sources to make the claims?
  • Is the title “clickbait”, or does it accurately represent the content
  • Is it satire? If the claims made are overly dramatic, the author may be trying to create humourous work.
  • Who wrote it, and why? Are there any obvious conflicts of interest?
  • Who can a person check with to verify the information?
  • Will biases be an issue in judging it objectively
  • Is the information current or outdated?

No one needs to point out how badly “ask the experts” has gone lately. Nonetheless, it can be a starting point for getting information on a topic.

Note: This isn’t meant at a specific person or group. Rather, it’s a pattern that has become a lot more noticeable over the last few years.

While many people have become proficient at spotting Government deception and propaganda, they either overlook or ignore it in the alternative media spheres. Of course, the reverse is also true for the normies. And examples?

(1) Some who dismissed Government fear mongering around this so-called “pandemic” will not look carefully into topics such as microchipping vaccines, DNA modification, gain of function, lab leaks, or bioweapons. Any dramatic claims deserve skepticism, regardless of the source.

(2) On a related note: there have been some who (rightly) question whether CV tests are accurate based on current methods. However, they will just take for granted that other viruses can be tested for using that same technology. We want authors who are logically consistent.

(3) Some of the larger political alternative voices will do a great job researching candidates and parties they don’t like, while making excuses for those they support. If they have a dog in the fight, then they can never be fully trusted.

(4) In a world where views and advertising dollars matter, catching attention is important. However, that’s not always the best option if the content doesn’t warrant sensationalism.

(5) While Government plants within the media are often easy to spot, “alternative” voices come out of nowhere and instantly gain huge followings. Such individuals do so despite addressing topics that are normally censored, or while not offering anything insightful. Similarly, if the content frequently borders on, or engages in outright Fed-posting, be wary.

(6) Lack of curiosity should always be viewed as a red flag. If a piece touches on really important issues, but only at a surface level — with no follow up — one should ask why. Rabbit holes are a fun, albeit exhausting, way to shake strongly held views.

These are just a few things that have come up in the alt-media landscape, and not just the Canadian scene. All media should be scrutinized, regardless of whether it has the slant and leanings that are preferred.

A question that comes up is who should the public be following. The answer is no one. Ideally, the best populace is one that’s full of inquisitive and resourceful people. Yes, research is time consuming, but there’s no shortcut to becoming educated. The alternative is to sit back and hopefully trust the right outlet. That seems to be a poor plan.

True, there’s no way to not view published media at all, but just realize that there will be gaps in what’s presented. If nothing else, different perspectives can at least draw attention to flaws and errors.

A little discernment can go a long way….

A Beginner’s Guide: How A COMPETENT Lawyer Should Have Have Handled Federal Injection Pass Case

On Wednesday, November 8th, the Federal Court of Appeal heard a case of over 600 Plaintiffs that was struck for being “bad beyond argument“. This was the high profile case of Federal workers, and members of Federally regulated industries who objected to the CV injections being a new job requirement.

There was an additional complication, as the Federal workers were also barred by law from going to Court. The others could, in theory, still use litigation as an option. This effectively “split” the case.

The case is being handled by “Mr. Bad Beyond Argument” himself, Toronto lawyer Rocco Galati.

August 2021: Ottawa announces that “vaccine passport” will be required of all Federal workers, and members of Federally regulated industries in the next few months.

May 2022: Statement of Claim is filed on behalf of over 600 Plaintiffs.

January 2023: There’s a hearing in Federal Court to strike the Claim.

February 2023: Claim struck in its entirety without leave (no permission) to amend regarding the Federal employees. However, it’s struck with leave (permission) to refile for everyone else. The Judge also found that the quality of the writing was “bad beyond argument”.

March 2023: Notice of Appeal was filed.

April 2023: The Appeal Book is filed.

May 2023: The Appellants’ written arguments are filed.

June 2023: The Respondents’ written arguments are filed.

November 2023: The Federal Court of Appeal has hearing to review the case.

The case is on reserve, meaning that the 3 Justices haven’t yet made their findings. This is quite common, though it’s uncertain when it will be released.

Interestingly, the lawsuit wasn’t filed until May 2022, nearly a year after mandates were announced. To put it mildly, it was terribly written, and never stood a chance. That’s been covered in detail here, here, here, and here.

Instead, this is going to be a different focus. Rather than simply pointing out errors and faults with how the case has been handled, serious, constructive feedback will be offered. Here are some ways that the case could have been managed differently, and how it may have survived.

This article does not attempt to provide legal advice. Instead, it’s meant as constructive feedback and information with regards to the Adelberg v. HMTK Case. The handing, both at the Federal Court and Federal Court of Appeal was beyond inept and unprofessional. Nonetheless, do not rely on this for your own cases. If you have questions, please seek advice from a competent legal professional

Anyhow, let’s get started.

One of the first things that needs to be pointed out is that employees of the Federal Government — a.k.a. the “Core Public Administration” — don’t automatically have the right to sue. Sections 208 and 236 of the Federal Public Sector Labour Relations Act (FPSLRA) are quite clear about that.

Right of employee
208 (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved (a) by the interpretation or application, in respect of the employee, of
(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
(ii) a provision of a collective agreement or an arbitral award; or
(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

No Right of Action
Disputes relating to employment
236(1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute.

236(2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication.

Section 208 of the FPSLRA gives Federal employees the right to grieve, and that often ends in arbitration. This is similar to how workers in unionized environments, or ones with collective bargaining agreements. Section 236 is the prohibition on seeking remedies in the Courts via lawsuits. This is referred to as a lack of jurisdiction, or an “explicit ouster” from the Court.

With this in mind, Federal workers don’t automatically have the right to go to Court. In fact, they will have to demonstrate that the grievance options available to them are grossly inadequate and/or that the process is corrupted. This didn’t happen here. In fact, it doesn’t appear that any effort was made by anyone to go through the process, at least from reading the pleadings.

Approximately 2/3 of the 600+ Plaintiffs (about 400 in total) are/were members of the Federal Government. In order to sue, they’d have to demonstrate that existing options weren’t adequate.

There’s also the inter-related concern about just how poorly written the Claim is.

Anyhow, let’s offer some constructive feedback.

1. Plead Facts About How Grievance Process Is Unworkable Or Corrupt

The Statement of Claim (SoC) is 50 pages long. While this seems like a lot, the first 15 are just the Parties listed, and the other pages included in the template. The next several are the remedies sought. Then a few pages include some background information on the Parties (which is fine).

The “FACTS” start on Paragraph 22, which is about halfway through the SoC. It goes on from there until about Paragraph 30, approximately 1 page in total, explaining the allegations and pleading facts. Nearly everything else that follows is irrelevant to these proceedings.

Feedback: It would help the case immensely to plead facts about how various clients had attempted to resolve the injection mandates at their jobs. Providing details about what steps were taken (at least by some employees) to avoid this would have helped.

This certainly wouldn’t need to be all 600+ Plaintiffs, but pleading facts for about 20 or 30 of them using grievance options would have gone a long way. Or, considering that there aren’t many options available, perhaps lumping Plaintiffs together could work. For example:

-“Group A Plaintiffs” filed grievances with their union reps.
-“Group B Plaintiffs” contacted their HR Departments to seek alternatives.
-“Group C Plaintiffs” wrote to their employers, refusing, and asking for options.
-“Group D Plaintiffs” tried some combination of different methods.

This may be oversimplified, but remember, Sections 208 and 236 of the FPSLRA give Federal workers the right to grieve, but not to sue. To overcome this, they need to show that there were no options available. And to do that, they need to at least show that they tried some remedies.

Seriously, there were over 400 members and former members of the Federal Government here. Didn’t any of them attempt the grievance process? None of them plead anything of the sort.

2. Plead Facts About Clients Attempting Workarounds Or Exemptions

Paragraph 28(c) is the only mention of Plaintiffs seeking exemptions from these requirements. And only a handful of them are named. While nice to see a mention of it, this isn’t nearly enough.

Feedback: More than just a few Plaintiffs should have been named as seeking exemptions. Additionally, the SoC “should” have given more information on what types of exemptions were sought, and the responses.

Similar to the last point, Plaintiffs who sought exemptions could be grouped together to make things more organized.

-“Group A Plaintiffs” sought exemptions for religious reasons.
-“Group B Plaintiffs” sought exemptions for medical reasons.
-“Group C Plaintiffs” sought exemptions based on freedom of conscience beliefs.
-“Group D Plaintiffs” sought exemptions based on lack of current long term test data.
-“Group E Plaintiffs” sought exemptions for a variety of reasons.

Additionally, Plaintiffs could have tried to obtain various accommodations to allow them to continue working (such as remotely). Information on that could have been pleaded as well.

This could also be used to bolster the claim that the Plaintiffs sought alternative remedies, and only sued as a last resort. It would be an important point to make.

And back to Point #1: considering that by default, Federal workers don’t have the right to sue (they can grieve though), it would have been nice to see what, if any, steps were taken afterwards. But the SoC pleads none of this, and consequently, can’t overcome the s.236 FPSLRA prohibition.

Yes, it’s true that facts are presumed to be true at the initial stages, but they still need to be pleaded in the Statement of Claim.

3. Provide Evidence Of Unworkability In Motion To Strike

It’s true that in Motions to Strike (throw out), evidence is not normally allowed. This is because it’s a preliminary challenge, and the opposing side is trying to say that the suit is fatal flawed regardless.

However, there are a few exceptions to this. These are instances where it will lead to the case being thrown out without any possibility to refile. Jurisdiction is one such exception, and the Statute of Limitations is another. Galati appears to be unaware of this, at least according to Paragraph 3 of his Written Submissions.

Feedback: The first line of defence that the Government has is the “explicit ouster” of s.236 of the FPSLRA. Once again, this is the argument that the court lacks jurisdiction to hear (at least part) of the Claims. If this can not be overcome, then the case is dead in the water.

What should have been done here is have several Plaintiffs submit evidence that they tried to exercise their grievance options. True, this will involve collecting Affidavits. True, they can then be questioned, or cross-examined on this. But such evidence would have helped in demonstrating the unworkability of existing options for Federal workers.

Plaintiffs who file Affidavits could certainly attach as exhibits any documents that show they tried other methods. Emails, text messages, letters, transcripts of recordings, etc…. would all have shown that they attempted to resolve this internally. If enough litigants did this, that would be very powerful evidence.

None of the 400+ Government workers had any evidence to submit for the Motion?

Keep in mind, if people are suing for large sums of money, they’d likely have to testify under oath at some point. Therefore, being cross-examined on an Affidavit hardly seems excessive.

Back to Point #1: if facts had been pleaded about this in the SoC, then it would have been a lot easier. Yes, a Motion to Strike would still be likely, but the Plaintiffs would be in a much stronger position.

4. Allegations Need To Be Particularized (Spelled Out) Clearly

There’s a requirement in the Federal Court Rules to “give particulars” when making allegations of, among other things:

(a) Fraud
(b) Misrepresentation
(c) Breach of Trust
(d) Undue influence
(e) Malfeasance of Public Office

What this means is that there’s a duty for the Plaintiffs to spell out with additional clarity what the accusations are. Galati doesn’t do that here, or in any anti-lockdown cases.

Feedback: If litigants are going to be making accusations of this sort, then it needs to be outlined in much more detail. What specific actions were fraudulent or amount to misrepresentation? What specific actions or statements caused that breach of trust? Instead of just making such bare statements, the underlying information needs to be provided.

Remember, everyone is entitled to confront their accusers. This includes Government officials. How can they respond to allegations if there’s not enough information provided?

If there isn’t enough information available to allege such things, then it would probably be better to just leave them out. It doesn’t help the clients to have the case bogged down unnecessarily.

5. Plead Facts In Support Of Claims Charter Rights Were Breached

Setting aside the issues around jurisdiction, the Courts are generally the proper forum to raise allegations that Charter protections have been violated. And a number of them are raised here:

(a) Section 2, Fundamental Freedoms
(b) Section 6, Mobility Rights
(c) Section 7, Security of the Person
(d) Section 15, Equality Rights

The problem is: while these are listed, there’s little to no information in support of this. As a result, the Defendants are left to guess. While many people can imply the reasons, it still has to be written out in the pleadings.

Feedback: If someone is going to allege that their rights have been violated, it would be helpful to lay out the details of what has happened. How are groups of people being treated unequally? How are people unsecure in their bodies? What mobility rights have been taken away?

The Plaintiffs have suffered mental anguish? Loss of dignity? Okay, then we need more information (facts) about what has happened.

6. Remove Argument From Statement Of Claim

The Statement of Claim more closely resembles a Factum than it does a Claim. It tries to argue what the scientific consensus is, and what the motivations of people are. It also draws the same conclusions that the Court is being asked to do.

Feedback: Instead of trying to argue in a Claim, it would be more helpful to to simply plead what information is available. What events? What dates? Who said what? Making it unnecessarily convoluted may impress many, but confusing the Judge is not wise.

Moreover, arguing caselaw and evidence in the initial pleadings isn’t appropriate. That comes much later, and is pretty basic knowledge in civil procedure. This is (partly) why the Government lawyers are saying that there are no facts pled. They’re right, it’s almost entirely argument.

7. Remove Content That’s Inappropriate In A Civil Claim

This is a no brainer. Courts are limited to certain types of cases, and are not allowed to preside over issues outside of their jurisdiction. It was also part of the reason the Action4Canada case was struck.

(a) Allegations of criminal conduct
(b) Allegations of crimes against humanity
(c) Allegations of violations of the Nuremberg Code
(d) Allegations of violations of the Helsinki Declaration
(e) Allegations of involvement in eugenics schemes
(f) Seeking declarations about what the “scientific consensus” is

Feedback: Drop all of this, and related content from this — and other lawsuits. All it does is lead to Motions to Strike over jurisdiction. If the case is about workers having to take injections to keep their jobs, then don’t lose focus.

8. Name All Plaintiffs Instead Of “John Doe” And “Jane Doe”

Dozens of Plaintiffs in the Style of Cause (front pages) are simply listed as either “John Doe” or as “Jane Doe”, along with their employer.

Feedback: If the lawsuit were actually intended to go ahead, this would be pointless, as they’d all have to be identified at some point. It just wastes everyone’s time. Supposedly, this was done to prevent harassment and intimidation, but their identities could still be found out.

Considering that Government lawyers — supposedly — tried to find out who were anyway, it’s unclear what the point is. Despite what people think about Trudeau and his people, they still are entitled to know who is making the allegations. Think about it: how can one confront their accusers in Court, without knowing who they are?

9. Don’t Suggest Lower Court Judge Was Biased

The Notice of Appeal implies that Justice Fothergill was biased in how he wrote up the February 2023 Order which saw the SoC struck. This isn’t a good idea. The Judge correctly outlined many serious defects in the pleading.

Feedback: This is a dumb idea. Don’t do it. To even imply such a thing, there’d have to be some strong basis for it, or it could be considered contempt of Court.

Also, the comparison to Action4Canada was quite fitting. While the Federal suit was much shorter, it had essentially the same flaws and defects. There was the additional problem of the “explicit ouster” of s.236 FPSLRA.

Would the case have survived if the above recommendations had been implemented? It’s impossible to say for sure, but it would have been a lot more likely.

Again, this article is not meant to provide legal advice. This site in general does not provide advice. If you have questions in your own case, please seek professional input.

Pretty pathetic that this case has taken in over $1.2 million in fees and donations. How is this number arrived at?

(a) the donations solicited on the Constitutional Rights Centre website
(b) the Retainer Agreement demanded $1,000 from each Plaintiff (or $600,000+)
(c) the email to clients demanding another $1,000 from each (or $600,000+)

A lot of money has been wasted, and all for a lawsuit that never stood a chance. Now, hundreds of Plaintiffs — with valid problems — are going to find that they’re barred by the Statute of Limitations from trying again.

Meanwhile, a “moronic troll” online can break this case apart with little effort. Have to wonder what’s really going on here.

This article will likely lead to Galati suing the site again. Oh well. It’s not like the last one was well written, or even coherent.

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

(2) Federal Court Vaccine Mandate Challenge
(3) Federal Vaccine Passport Challenge Retainer Agreement
(4) Federal Court Vaccine Mandate Challenge Motion To Strike
(5) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(6) Federal Court Vaccine Mandate Challenge Responding Motion Record
(7) Federal Court Of Canada Rules
(8) Federal Court Decision On Motion To Strike (Archive)


(1) Letter to Federal Worker Plaintiffs
(2) Federal Workers Action Donation Link For PayPal
(3) Ontario First Responders Action Donation Link For PayPal
(4) School Action Donation Link For PayPal
(5) Police Officer Action Donation Link For PayPal
(7) Federal Workers Retainer Agreement
(8) Ontario First Responders Retainer Agreement
(9) Donate To Public Citizens Inquiry
(10) Donations For Supposed B.C. Doctors Action

Canadian Frontline Nurses Hit With $315,000 In Costs Over Failed Defamation Suit

In a recent decision that wasn’t very surprising, the activist group, Canadian Frontline Nurses (CFLN), has been hit with $315,000 in Court costs. This follows a December ruling that dismissed their million dollar defamation case as a SLAPP, over 2 publications. That is, of course, short for a “strategic lawsuit against public participation”.

Costs are as follows:

  • $250,000 to Canadian Nurses Association Defendants
  • $65,000 to Together News Inc. Defendants.

See previous article for more information and context.

SLAPPs are a form of weaponizing the legal system to shut down discourse over public interest issues. By filing such cases, Defendants are “chilled” into being removed from the discussion.

What’s particularly bad about this case is that the CFNL is a group that claims to have fought on behalf of the freedom of Canadians over the last few years. It seems that at least some have no issue with taking away the freedoms — specifically speech — of people they don’t like.

This differs little from Kulvinder Gill and Ashvinder Lamba, who are on the hook for $1.1 million over a failed defamation suit from December 2020. Actually, it’s mostly Gill.

To be clear, this isn’t about defending the principles or character of organizations like the Canadian Nurses Association, as they were all too willing to shill for lockdown measures. Instead, it’s about the right of everyone to say their piece, even if it’s downright awful. Silencing people because they’re not “on your side” is just downright wrong.

Seeing the replies to Paul Champ, one of the lawyers, was discouraging. So many in the “freedom movement” are showing disdain that the attempt at libel-chill had backfired. While they whine about their civil liberties being trampled on by Government, they cheer private citizens doing it.

Costs on dismissal
(7) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

Costs if motion to dismiss denied
(8) If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances.

(9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate.

Now, the group tried to avoid something called “full indemnity”, which is when the winning side of a lawsuit gets 100% of their costs back. In Ontario, the default is to grant this in cases where lawsuits are dismissed under anti-SLAPP laws. This is Section 137.1(7) of the Courts of Justice Act.

Interestingly, if an anti-SLAPP Motion fails, the Plaintiffs are not automatically entitled to costs.

Dismissing such a case doesn’t mean that the Judge endorses or accepts the views of the Defendants. Instead, it’s a finding that the lawsuit should never have been brought at all. In a (supposedly) free society, shutting down public discourse is rarely a good idea.

In any event, the CFLN attempted to cash in by suing, and it backfired. The result was predictably very expensive.

(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


600 Plaintiffs Appeal Federal “Bad Beyond Argument” Ruling: A Look Inside

It’s been a while, but nice to be back!

Back in February, Federal Court Justice Simon Fothergill struck a lawsuit brought by over 600 Plaintiffs. This was over a 2021 requirement to take the experimental injection (a.k.a. get the vaccine passport) in order to keep their jobs.

Now, the ruling (see official version) was interesting, to be blunt.

Part of the ruling differed because of who the Plaintiffs worked for. Approximately 2/3 of them were employed by the Federal Government, while the other 1/3 were part of Federally regulated industries. This caused a split in the ruling, and they were listed as Schedules “A” and “B”.

  • Schedule “A” Plaintiffs were ones who were part of the core public administration, or members of some branch of the Government
  • Schedule “B” Plaintiffs weren’t with the Government, but instead were parts of industries — like banking, the railways, or aviation — that were regulated by Ottawa

The Claim for all Plaintiffs was struck in its entirety because it was so poorly written. The pleading failed to follow even the basics of civil procedure, and failed to lay out a basis for the suit.

From the Federal Court Rules:

173 (1) Pleadings shall be divided into consecutively numbered paragraphs.
Allegations set out separately
(2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.

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.

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.

By “particulars”, this really means “specifics”. When pleading a document, the person must give enough specific and detailed information so that the other side is able to address the allegations.

Justice Fothergill found that the Statement of Claim was so poorly crafted that it was impossible for the Defendants to file any meaningful defence. It wasn’t thrown out on its merits. He even referenced the ruling against Action4Canada, which was also found to be “bad beyond argument”.

To clarify: neither the Federal case, nor the Action4Canada case in B.C. were struck on their merits. They were struck because they were confusing, convoluted, and impossible to decipher.

While the Federally regulated employees (Schedule “B”) at least had the chance to refile, former Government workers (Schedule “A”) were not so lucky. The Judge ruled that their claims were barred by a legislative requirement that they go through arbitration. Specifically, this is Section 236 of the FPSLRA, or Federal Public Service Labour Relations Act.

Now we get to the appeal.

The Notice of Appeal was filed in March. The Appeal Book (collection of documents) came next, followed by the Appellants‘ and Respondents‘ written arguments.

To sum up, there were 2 major areas to cover:

First, the decision to permanently bar the Schedule “A” Plaintiffs was challenged, on the grounds that their claims lay outside what arbitration and the grievance process could offer.

Second, it was claimed that it was inappropriate to rely on the precedent set by the Action4Canada case, and that they had nothing in common.

Anyhow, read the documents for yourselves.

In response, the Government replied that while there were opportunities to get around the grievance process, the Plaintiffs never explained why they had to, or what steps they took. Furthermore, while “malfeasance of public office” was alleged, the details were never laid out.

In other words, yes, this was at least a possibility, but the Claim didn’t address any of this.

As for the Action4Canada case, Justice Alan Ross laid out in great detail how the British Columbia case was a complete mess, incomprehensible, and sought a litany of remedies outside the jurisdiction of a Civil Court. There was also the problem that large sections were included about non-parties. While the Federal Claim was much shorter, the same problems persisted overall.

Justice Fothergill decided not to duplicate the entire ruling, but simply to refer to it.

A competent lawyer might be able to argue around the arbitration requirement. But in any event, the entire Statement of Claim would have to be rewritten anyway. This Appeal will likely go nowhere.

And the requests for money keep coming!

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

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

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

Curiously, both the Federal workers and Ontario first responders Plaintiffs were filling out retainer agreements ($1,000 and $1,500 respectively) while donations to finance the litigation were being sought online. The end results weren’t impressive.

People are being asked to donate to cases which clients are already paying a retainer?! That’s something, to say the least.

Then, we have this from the Federal case:

Hello everyone,  

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

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

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

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

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

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

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

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

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

Sincerely and most humbly,  

The Federal Employee Lawsuit Panel

Shortly after the decision, there was already a request for more money. Even though the Plaintiffs had paid $1,000 each (see agreement), more money was needed to appeal. See letter providing more details about the fees.

The above email was leaked by unhappy client(s), and it eventually made its way here. Unfortunately, it seems to be real.

Apparently, the Schedule “B” Plaintiffs who had their pleadings struck as “bad beyond argument” should consider that a win, because at least they are allowed a rewrite.

For reference: the email and the attachment were both sent here shortly after the February ruling. Fair to say, some are unhappy with the services they’ve received.

It’s worth asking why the this isn’t being done for free, given the shoddy drafting of the Statement of Claim to begin with. And budgeting for a Trial? Does anyone seriously think this will get that far?

The Federal Court of Appeals will throw this case out, just like the B.C. Court of Appeals will throw out Action4Canada’s. And Vaccine Choice’s suit will get tossed in early 2024.

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

(2) Federal Court Vaccine Mandate Challenge
(3) Federal Vaccine Passport Challenge Retainer Agreement
(4) Federal Court Vaccine Mandate Challenge Motion To Strike
(5) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(6) Federal Court Vaccine Mandate Challenge Responding Motion Record
(7) Federal Court Of Canada Rules
(8) Federal Court Decision On Motion To Strike (Archive)

(1) Letter to Federal Worker Plaintiffs
(2) Federal Workers Action Donation Link For PayPal
(3) Ontario First Responders Action Donation Link For PayPal
(4) School Action Donation Link For PayPal
(5) Police Officer Action Donation Link For PayPal
(7) Federal Workers Retainer Agreement
(8) Ontario First Responders Retainer Agreement
(9) Donate To Public Citizens Inquiry
(10) Donations For Supposed B.C. Doctors Action

A Look Into The Motion To Throw Out Vaccine Choice Canada’s July 2020 Lawsuit

The Ontario Government has filed its Notice of Motion, explaining exactly how and why it wants the July 6th, 2020 lawsuit thrown out. There are more papers to come, but here is the gist of it, according to the Attorney General:

  • The case is frivolous and vexatious
  • The Orders being challenged lapsed long ago
  • The pleadings are written so poorly, it’s impossible to respond to

For context, consider that the Claim was filed in July 2020, and then sat inactive for 2 1/2 years. The first Court appearance (of any kind) was on January 17th, 2023. This was a case conference to schedule dates for a Motion to Strike.

We are approaching the 3 year anniversary of the Statement of Claim being filed.

The case has been idle and inactive for so long that many of the issues it raises are moot, and no longer of relevance. This includes various emergency orders, which have long since expired. This site predicted last Summer that this would happen.

That’s right: the Government is trying to get the case tossed, at least in part, because the orders being challenged lapsed ages ago.

The Notice states that absent a new Declaration of Emergency, it’s impossible to issue more Orders such as under the Reopening Ontario Act.

The Statement of Claim, despite being 191 pages, is lacking in any details or specificity about the orders and regulations that are being challenged. In other words, it’s too vague for the Defendants to meaningfully respond to.

The Notice cites Rule 25.06(1) of Civil Procedure. This refers to the requirement that pleadings contain a concise set of material facts. The Claim certainly does not.

The Notice cites Rule 21.01(1)(b) of Civil Procedure, arguing that the Claim doesn’t disclose a reasonable Cause of Action. In other words, it’s not asking for things that the Ontario Superior Court (Civil) can realistically grant, even if the allegations were proven.

The Notice states: “The pleadings are replete with irrelevant, speculative and bare allegations,
including numerous allegations which are beyond belief or proof. The pleadings are filled with conspiracy theories, including allegations regarding Bill Gates, the World Health Organization, and “a declared agenda to impose global mandatory vaccination, ID chipping, testing and immunity certification on all citizens” that “has been in the works for decades.””

It’s worth mentioning that filling the Claim with non-justicible issues will very likely cause the pleadings to be struck for that reason alone. It happened with Action4Canada in August 2022, and with 600 Federal Plaintiffs in February 2023. In fact, it’s inevitable that those cases will be used as precedents here.

The Vaccine Choice lawsuit is similarly filled with issues that a Civil Court can’t preside over, and makes countless accusations against non-Parties.

Expect a Decision with the words “bad beyond argument” early in the new year.

As for sending a message to the CBC, that will never happen. The lawsuit was discontinued against them in July 2022, after they threatened to being an anti-SLAPP Motion.

Another ground for the Motion is that the Claim is scandalous (pleads evidence), frivolous and vexatious. The Government is claiming that the suit is a waste of everyone’s time, and is very poorly written. If only someone could have spoken up about that years ago.

The dates for various documents to be filed are outlined in this Requisition Form. It doesn’t appear that there will be any Affidavits or cross-examinations to be done, but those are listed anyway.

The undeniable reality is that there was never any attempt — serious or otherwise — to bring this case to Trial. This site has been warning about that since late 2020 and into 2021.

The Applications pushed by Police On Guard and Children’s Health Defense Canada are apparently “moot” as well, and not being advanced. However, neither group makes that clear, and both are still soliciting donations. More on that another time.

The leadership at Vaccine Choice doesn’t deny that nothing has happened with this case. Instead, they offer nonsense justifications about why it’s no longer necessary to pursue. Probably the most common example are claims that simply filing this lawsuit led to exemptions for masks. Even if this were true, what about everything else that was alleged in the papers?

Action4Canada boasts of similar achievements, such as its filing resulting in mask exemptions on B.C. Ferries. Of course, no evidence is ever submitted.

The Motion with Vaccine Choice is scheduled to take place over 1 1/2 to 2 days. Currently, January 30th and February 1st, 2024 have been set aside. Watching via Zoom should be an option.

*A small disclaimer: this appears to have been only filed by the Ontario Defendants. It’s possible that other Notices will be coming as well. They have until June 30th. However, the issues raised will be similar, if not virtually identical.

(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
(6) VCC – Notice Of Motion To Strike