Subversion Archives - Canuck Law

November 13, 2024November 13, 2024

Review Of Canadian National Railway Case, Dropped in 2023

It’s time to review a case that slipped under the radar in 2022 and 2023. This is the CNR, or Canadian National Railway case and their injection mandate (vaccine passport) lawsuit. Yes, it’s considered old, but the information here should be worth it.

To their credit, Rebel News did cover the initial filing, but there doesn’t seem to have been any follow up. Of course, there wasn’t much to report.

The criticism that’s coming may sound like another Galati case, but it’s not. Yes, the errors are virtually identical, so it’s easy to make that mistake.

The lawyer is Leighton Grey, of the firm Grey Wowk Spencer LLP.

For some of Grey’s other work, consider his “Posties” case. He represented employees and former employees of Canada Post. They were faced with job losses in 2021/2022 as a result of the injection mandates. Now, the company has a collective bargaining agreement, which mandates arbitration as opposed to litigation to resolve disputes.

Arbitration did in fact happen, with different counsel, but it went unfavourably towards the workers. Rather than filing for a review, Grey decided to sue Canada Post instead. Quite predictably, the case was thrown out on a Motion to Strike, as there was no jurisdiction for the Courts. There was also the problem that Grey didn’t plead his case properly, and it would have been struck anyway.

Grey had another lawsuit on behalf of Purolator workers, but the same problems arose. He didn’t have jurisdiction to file the case — as arbitration was mandatory — and it wasn’t pleaded properly. It was eventually dropped. That will be covered in the future.

These are at least 3 cases: (a) Canada Post; (b) Purolator; and (c) Canadian National Railway, where a lawsuit was filed by Grey when there was no jurisdiction. These suits were doomed from the start.

As for the O.G., or Original Gangsta “Mr. Bad Beyond Argument”, his work includes: (a) Adelberg; (b) Dorceus; (c) Katanik; and (d) several cases with the CPSO. The Court had jurisdiction over none of them.

It’s still amazing that lawyers always get paid, regardless of how completely, or how often, they screw up their cases. It’s the clients who lose out.

Hundreds of clients are out of luck because counsel failed to follow the Rules of Civil Procedure, and he didn’t follow basic employment law.

What Specific Errors Were Made With CNR Case?

Failure to plead necessary material facts
Failure to keep evidence out of the Claim
Failure to properly plead necessary particulars
Failure to properly plead Charter violations
Seeking Relief a CIVIL Court cannot grant
Failure to understand labour law and jurisdiction

Worth noting: #6 is fatal to the case. Because of the collective bargaining agreements, the Plaintiffs lack jurisdiction to sue. In theory, they could plead that they exhausted all avenues and that the employer wasn’t acting in good faith. A Judge might agree that this is the only available venue, but there are no gurantees.

In any event, lack of jurisdiction wasn’t the only serious problem.

1. Failure To Plead Necessary Material Facts

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.

By “material facts”, this means the lawyer has to plead specific information and background about everyone involved. The Statement of Claim is only 14 pages because it doesn’t plead any facts about anyone.

Their length of time with the company
Their role or position within the company
Their specific objection for refusing the injections (religious, health, conscience, etc…)
What discipline was taken, or if they quit
The specific steps they took to resolve it internally
Which union, if any, each Plaintiff belongs to
Who was working remotely, and who was physically present
Who applied for EI, who was denied, and what reason(s) given
What, if anything happened with regard to grievances and arbitration

These are just a few of the details that must be pleaded for each Plaintiff. It’s not optional. A properly written Claim would have been a few hundred pages. Especially with the question of jurisdiction, it must be listed in detail that these people were trying to follow the terms of their agreement, if they had one. Grey put NONE of this in the Claim.

Even if this were a Proposed Class Action (it wasn’t) the Representative Plaintiff(s) would still need to have adequate facts pleaded about their situation. Not a single person pleaded anything.

One of the more ridiculous statements from Grey is that some Plaintiffs are part of a Union — 4 are listed — but that others are not. No Plaintiffs are matched with any, nor are any of the grievance procedures outlined.

2. Failure To Keep Evidence Out Of The Claim

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.

The other part of Federal Court Rule 174 also applies. The Statement of Claim goes on at length about scientific declarations about health risks and treatment. Now, this may be appropriate expert evidence to give at a later date, but it doesn’t belong in the Claim itself. Does Grey not know this?

3. Failure To Properly Plead Necessary Particulars

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.

Rule 181 of the Federal Court Rules specifics “pleading particulars”. What this means is that actions based on misrepresentation, fraud, breach of trust, etc…. must be spelled out. Procedurally, Defendants cannot be left guessing what they have to respond to.

Grey openly accuses Government officials of conspiring to harm the Plaintiffs, but he doesn’t give any of the detail needed to even theoretically support such allegations.

4. Failure To Properly Plead Charter Violations

Grey’s lawsuit contains “cookie cutter” allegations of Charter violations, such as:

Section 2(a) – Freedom of Conscience
Section 7 – Security of the Person
Section 8 – Freedom from Unreasonable Search and Seizure
Section 15 – Equality

However, none of it is pleaded properly. To bring allegations that one’s rights have been violated, each Plaintiff must plead facts that would support these claims. As mentioned earlier, there’s no specific information provided about any of them. The Court would need to know the details of who said and did what. To do this correctly, the Statement of Claim would have been a few hundred pages.

5. Seeking Relief A CIVIL Court Cannot Grant

This is downright embarrassing. At paragraph 1(d) of the Amended Claim, Grey asks the Court for Declaratory Relief that Criminal Code violations have taken place. Yes, he asks a Civil Court to make findings of a criminal nature. That alone is enough to get the case struck.

For reference, Action4Canada and Adelberg were struck as “bad beyond argument”, in part, because they asked for remedies a Civil Court had no jurisdiction over. Grey does the same thing here.

6. Failure To Understand Labour Law And Jurisdiction

The case was dropped ultimately because the Defendants tried to bring a Motion to Strike. This Order from February, 2023 makes it clear what it was about. CNR knew full well that the Court had no jurisdiction, at least for many workers, so the obvious first step was to bring such a challenge.

Although Grey tried to argue a litany of torts, this case was essentially “constructive dismissal”. Since the terms and conditions of employment had been retroactively changed, it amounted to a repudiation of the contract by the employer. This is exactly the kind of issue that unions grieve over.

Most likely, Grey tried to dress it up to get around the lack jurisdiction.

Timeline Of Major Events In This Case

March 4th, 2022: Grey files the Statement of Claim against CNR and the Federal Government. Despite representing over 200 Plaintiffs, the entire document is just 14 pages long.

September 7th, 2022: case management is held to bring a Motion to Strike.

October 11th, 2022: Statement of Claim is amended.

October 28, 2022: first Notice of Discontinuance is filed. Several Plaintiffs want out.

February 1st, 2023: Statement of Claim is again amended.

February 7th, 2023: Order from the Court regarding how to proceed with the Motion to Strike the case.

May 8th, 2023: Most Plaintiffs discontinue.

May 17th, 2023: Grey files a Motion to remove himself as solicitor for the few remaining clients. This appears to be the most work he has actually performed in the case.

June 20th, 2023: Last client discontinues case.

So, what actually happened in this case? The Statement of Claim was amended a few times, and there was some activity on a Motion to Strike. Then the suit was dropped without anything happening. None of the Plaintiffs ever got their day in Court. But their lawyer probably got his money.

(1) CNR T-553-22 Statement Of Claim (March 4, 2022)
(2) CNR T-553-22 Case Management September 7 2022
(3) CNR T-553-22 Amended Statement Of Claim (October 11, 2022)
(4) CNR T-553-22 Notice Of Discontinuance October 28, 2022
(5) CNR T-553-22 Amended Amended Statement Of Claim (February 1, 2023)
(6) CNR T-553-22 Order Regarding Motion To Strike February 7 2023
(7) CNR T-553-22 Notice Of Discontinuance May 8, 2023
(8) CNR T-553-22 Motion For Removal Of Solicitor (May 17, 2023)
(9) CNR T-553-22 Notice Of Discontinuance June 20, 2023

October 30, 2024October 30, 2024

Stale Dated: Vaccine Choice Canada’s 2019 Lawsuit Passes 5 Year Mark, Still At Pleadings

Back in May 2024, Vaccine Choice Canada discontinued their 191 page claim filed in June 2020. While a Motion to Strike had been postponed, the end result was inevitable. The pleading was so poorly drafted that it would be thrown out by the first Judge to look at it.

But what about their earlier one? Hadn’t there been one filed in October 2019? Yes there was, supposedly under the pretense of challenging mandatory immunization of Ontario students. It has effectively been abandoned. This is what the above video addresses.

No Trial ever took place
No Trial date set down
No Depositions taken
No hearings
No Motions brought
No evidence sworn
No case management

Under Rule 48.14 of Civil Procedure for Ontario, the Court is to dismiss a case that hasn’t been set down for Trial within 5 years. True, it would almost certainly be extended if there was significant progress being made, but that’s not the case here. VCC’s case hasn’t proceeded past the pleadings in 5 years.

What do the Rules of Court Procedure have to say about this?

Rule 48.14 outlines the situation, and what can be done about it.

Dismissal of Action for Delay
48.14(1) Unless the court orders otherwise, the registrar shall dismiss an action for delay in either of the following circumstances, subject to subrules (4) to (8):
.
1. The action has not been set down for trial or terminated by any means by the fifth anniversary of the commencement of the action.
.
2. The action was struck off a trial list and has not been restored to a trial list or otherwise terminated by any means by the second anniversary of being struck off.

Status Hearing
48.14(5) If the parties do not consent to a timetable under subrule (4), any party may, before the expiry of the applicable period referred to in subrule (1), bring a motion for a status hearing

48.14(6) For the purposes of subrule (5), the hearing of the motion shall be convened as a status hearing.

48.14(7) At a status hearing, the plaintiff shall show cause why the action should not be dismissed for delay, and the court may,
(a) dismiss the action for delay; or
.
(b) if the court is satisfied that the action should proceed,
.
(i) set deadlines for the completion of the remaining steps necessary to have the action set down for trial or restored to a trial list, as the case may be, and order that it be set down for trial or restored to a trial list within a specified time,
(ii) adjourn the status hearing on such terms as are just,
(iii) if Rule 77 may apply to the action, assign the action for case management under that Rule, subject to the direction of the regional senior judge, or
(iv) make such other order as is just

In theory, a Motion could be brought for an extension of time, but there doesn’t seem to be any arguments that would support this.

It’s also interesting to wonder why the Ontario Government never brought any Motion to Strike this whole time. Given how poorly drafted it is, why not at least try? Perhaps there was collusion between the parties. This would allow the case to remain open, but not advance.

This method allows VCC and their counsel to appear to be challenging Doug Ford, while ensuring nothing ever happens.

So what happened? It’s quite simple.

Vaccine Choice Canada brought a high profile lawsuit in October 2019 that they never intended to advance. They never planned to do anything to fight for medical autonomy in Ontario schools. The organization, and their counsel, have been lying to donors the entire time.

Neither the 2019 or 2020 cases ever went anywhere, and that was intentional.

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

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

Remember, by checking this link, anyone can SEARCH ONLINE FOR FREE to see what’s happening with various cases. Don’t accept the word of anyone here, but check it out for yourselves. Call the Court, or visit in person if that’s a feasible option.

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

Court file# CV-19-00629810-0000
Court file# CV-20-00643451-0000

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

September 23, 2024September 23, 2024

Bills C-398/C-399: The “Right” Of Homeless Encampments, And Immigration “Equity”

Just before Parliament took its Summer recess in 2024, NDP Member of Parliament, Jenny Kwan, introduced 2 Private Member’s Bills: C-398 and C-399.

Both are in the introductory stage in the House of Commons. While Private Bills don’t commonly become law, there’s always the possibility they will. There’s also the prospect that the contents will simply be incorporated into a larger, Government Bill.

Starting with Bill C-398, it would create the “right” to set up homeless encampments on Federal land. It would amend the National Housing Strategy Act in several places. Authorities would be prevented from blocking them, or shutting them down. And for reference:

Homeless encampment means an outdoor settlement of one or more temporary structures, such as tents, vehicles or other structures that are not designed or intended for permanent human habitation but that one or more persons experiencing homelessness use as their residence.‍ (campement d’itinérants).

(e) establish measures to prevent the removal of homeless encampments on federal land and to identify alternatives to homeless encampments following meaningful engagement with their residents; and

(f) provide for processes to ensure that Indigenous peoples are actively involved and supported in determining and developing culturally appropriate housing-related programs and that responses to homeless encampments respect their rights.

Bill C-398 does talk about “identifying alternatives to homeless encampments”. Presumably this means providing people with low or no-cost housing. Interestingly, there’s nothing in the legislation that says it will only apply to Canadian citizens, or permanent residents, or landed immigrants.

Logically, anyone who entered the country illegally, who who overstayed their visa, would be entitled to the same protections.

Mandate
10 (1) The mandate of the Ombud is to examine the practices of the Department of Citizenship and Immigration to ensure that they are fair, equitable, unbiased, non-racist and non-discriminatory, and to conduct investigations if the Ombud has reasonable grounds to believe that a person or group of persons has been the victim of unfairness, inequity, bias, racism or discrimination — including systemic racism and systemic discrimination — in the Department’s decision-making process.

Duties and functions
(2) The Ombud’s duties and functions include
(a) reviewing the Department of Citizenship and Immigration’s policies, programs, initiatives, training procedures and processing standards to identify fairness or equity problems in the Department’s administration of the Citizenship Act and the Immigration and Refugee Protection Act, including those resulting from biases and discrimination — including systemic racism and systemic discrimination;
(b) receiving and, if appropriate, investigating complaints, including complaints about the problems referred to in paragraph (a);
(c) monitoring trends and patterns in complaints in order to identify the problems referred to in paragraph (a); and
(d) making recommendations to the Minister regarding any unfairness, inequity, bias or discrimination — including systemic racism and systemic discrimination — that the Ombud identifies.

Kwan wants to create an ombudsman to ensure that “equitable” policies and practices are being implemented by the Ministry of Citizenship and Immigration. She also wants that ombudsman to make recommendations to the Minister in order to help this along.

Now, while the connection may seem tenuous, consider this:

The New Democrats and experts agree that the problem on orderly crossings is the safe third country agreement. For over a year now, I have been calling on the government to invoke article 10 of the safe third country agreement and to provide written notice to the United States that we are suspending the agreement.

If the safe third country agreement is suspended, asylum seekers can make safe, orderly crossings at designated ports of entry. This will protect the rights of the asylum seekers, provide safety and stability to Canada’s border communities most impacted by this influx, and allow for the government agencies, such as the RCMP, CBSA, IRCC, and the IRB, to strategically deploy personnel and resources necessary to establish border infrastructure instead of this ad hoc approach. This is the rational, reasonable response to this situation.

Back in April 2018, Kwan posted on her website that she had been calling on the Trudeau Government to suspend the Safe Third Country Agreement. The reason for doing this is so that people entering from the United States — to claim asylum — could simply stroll into any official port of entry.

In November 2018, Kwan called for the Safe Third Country Agreement to be suspended, claiming that the U.S. (under Donald Trump) wasn’t a “safe country”.

In March 2020, she wrote to Trudeau and Freeland, protesting that illegals trying to cross from the U.S. were being turned back.

Taken together, what does this all mean?

It means that Kwan, who is pro-open borders, supports having illegals come in from the U.S., and presumably elsewhere as well. On one hand, she introduces Bill C-398, which entrenches the “right” of people to set up encampments on Federal land. On the other, she has Bill C-399, which creates and ombudsman to ensure that “equitable” immigration policies are enforced, and to make recommendations to the Minister.

Will taxpayer funded “housing for illegals” become a human right?

(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-398
(2) https://www.ourcommons.ca/Members/en/jenny-kwan(89346)
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-398/first-reading
(4) https://laws-lois.justice.gc.ca/eng/acts/n-11.2/FullText.html
(5) https://www.parl.ca/LegisInfo/en/bill/44-1/C-399
(6) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-399/first-reading
(7) https://www.jennykwanndp.ca/on_irregular_border_crossings
(8) https://www.jennykwanndp.ca/emergency_study_on_irregular_border_crossings
(9) https://www.jennykwanndp.ca/open_letter_to_deputy_prime_minister_on_border_restriction

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(18) Bill S-243: Climate Related Finance Act, Banking Acts
(19) Bill S-248: Removing Final Consent For Euthanasia
(20) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(21) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

September 17, 2024September 17, 2024

CSASPP Defamation Appeal To Be Heard In January 2025

A high profile defamation Appeal is now scheduled to be heard in the new year. The Court of Appeal for Ontario will hear arguments on January 13th, 2025, to determine whether or not Justice Chalmers should have thrown out a lawsuit in late 2023 under anti-SLAPP laws. There’s also a challenge to the $132,000 cost award that was handed down.

This is the $1.1 million “intimidation lawsuit” brought against CSASPP, the Canadian Society for the Advancement of Science in Public Policy, and one of their donors. For more background, see the decision and the cost award. They provide the necessary information to understanding how events played out.

Supposedly, it was over a “defamatory” email to Dan Dicks of Press for Truth, and a posting on CSASPP’s FAQ page. In reality, the suit was filed to derail the Law Society of Ontario (LSO) complaint filed by Donna Toews.

[89] With respect to the claim against Ms. Toews, I am of the view that “what is really going on” is an attempt to intimidate members of the public who may be considering making a complaint about the Plaintiff to the LSO. The effect of the action against Ms. Toews would be to obstruct the regulatory process. The harm this would cause in the LSO’s ability to receive and process complaints about lawyers is, in my view significant.

[98] For the reasons set out above, I find that the Plaintiff brought this action for the improper purpose of stifling debate with respect to his handling of a proposed class action that is being funded by public donations. I also note that the Claim was brought one day before the Plaintiff submitted a response to the LSO with respect to Ms. Toews complaint. I find that the Claim was brought for the improper purpose of limiting the LSO investigation, and to intimidate others from making any LSO complaints about him.

Justice Chalmers made it clear in paragraphs 89 and 98 of his decision that this was an intimidation lawsuit, designed at least in part to stop others from filing complaints with the LSO.

And it didn’t stop there. The LSO itself was sued in 2022, and again, in 2023, to further bury the Toews complaint. The earlier one was struck for failing to state a Cause of Action (ask for something the Court can actually provide). No amended Statement of Claim has been filed, and the other case appears inactive.

Included are the Factums of both sides, which are the arguments submitted. For reference, the Appellant(s) are the ones who commence the proceedings, while the Respondents are the ones who have to answer. There is an Appeal Record of several thousand pages, but it’s primarily a compilation of documents previously submitted.

Anyhow, here are some points to note.

Appeal Attempts To Reargue Entire Motion

The Appellant’s Factum attempts to reargue the Motion which led to Justice Chalmers throwing the case out. Instead, he should have been outlining the errors the Judge (allegedly) made.

When asking to have a Decision reviewed, there are only a few options.

TYPE OF ERROR	STANDARD FOR REVIEW
Error of Fact	Overriding, Palpable Error
Error of Pure Law	Correctness
Mixed Fact & Law	Spectrum, Leaning To Overriding, Palpable Error
Discretionary Orders	Overriding, Palpable Error

The correctness standard in law is meant to ensure that litigants are treated fairly, and held to the same standards. If a Lower Court hasn’t done this, then the Higher Court is able to step in.

The overriding, palpable error standard reflects that Judges are often in the best position to oversee the case, and that their decision making ability is owed a deal of deference. This applies to factual findings, and discretionary orders, such as costs and damages. Nonetheless, clear errors can still be fixed.

This is what should have been done: spell out the errors (if any) made by Justice Chalmers. The standard is Housen v. Nikolaisen, set over 20 years ago. Instead, it comes across as a demand to have the original matter reheard. This isn’t the role of the Appellate Courts, and he should know better.

The Respondents’ Factum addresses this quite well.

Appellant’s Ridiculous Demands Regarding Costs

One amusing thing of note is the Relief sought. In fairness, litigants are free to ask for whatever they want, but this is comical. The Appellant asks for costs both for this Appeal, and for the original Motion that he lost. In the alternative, he wants costs waived altogether. Doesn’t work like that.

Repeatedly Implying Justice Chalmers Rigged Decision

31. The Appellant states that not only did Justice Chalmers not apply this binding case from the Ontario Court of Appeal to the facts and evidence before him, Justice Chalmers completely ignored it, and thus erred in law.

41. …. The Plaintiff states that is clearly present in the within action. Justice Chalmers ignored the Supreme Court of Canada jurisprudence in applying the test.

42. …. In the within case there is “grounds to believe”, and “reasonably capable of belief”, that the Plaintiff can succeed on at least one of the “stings”, which he clearly can based on the statements, and law. Again, Justice Chalmers ignored the binding Supreme Court of Canada jurisprudence. Justice Chalmers finding that the assertions were backed up by hyperlinks, makes a final determination that they are “true”. They are not. They are not even “partial truths” and Justice Chalmers does not deal with the Plaintiffs evidence in this respect.

43. …. Again, which is applicable to the within action, more than a single basis exists. Justice
Chalmers ignored this evidence and jurisprudence

44. …. The Plaintiff states that not only did the Society’s website “FAQ” exceed this privilege but coupled with the email to Mr. Dicks, the Defendants went out their way to depict the Plaintiff as incompetent, unprofessional, and dishonest and a fraud. The Defendants’ assertion that they were responding to queries as to the connection between them as the Plaintiff rings false. They could have simply stated that there was no connection between them and the Plaintiff and left it there. Furthermore, their assertions of being flooded with queries and complaints about the Plaintiff also rings false as they could only produce one (1) such query/complaint on cross-examination. Justice Chalmers ignored this binding jurisprudence.

45. …. The Plaintiff states that this also applies to the within action, and that Justice Chalmers ignored this jurisprudence and did NOT deal with an[y] of the above, which was before him and argued by the Plaintiff.

46. …. It is worth noting that, in the within action, all the facts on the findings by the Supreme Court of Canada Bent v. Platnick are more than present here in the within action. The Defendants, engaged in reckless statements and innuendo, without sober investigation, in a singularly distorted and targeted exercise of painting the Plaintiff as generally incompetent, unprofessional, dishonest, and a “fraud”. Any defence of qualified privilege, on fair comment, or responsible publication is therefore defeated. Justice Chalmers does not deal with this argument nor the evidence to support it.

50. …. The Appellant states that the evidence is that, as a result of the defamatory publications the Plaintiff was subject to hostile and viscous reaction from the public at large, including threats to bodily harm, as well as an obliteration of donations to the Constitutional Rights Centre (CRC) as set out in the affidavit evidence. This evidence was not only ignored by Justice Chalmers, but stated not to exist, which is a palatable and blatant error

55. Justice Chalmers further ignores and does not address the Plaintiff’s submissions, and evidence supporting those submissions, on the conspiracy tort pleaded.

56. Justice Chalmers further ignores and does not address the Plaintiff’s submissions and evidence supporting those submissions, contained in paragraphs 59 to 73 of the Plaintiffs factum before the Court.

These quotes are from the Appellant’s Factum. He repeatedly claims that Justice Chalmers “ignored” the information that was put in front of him. One can interpret this as an allegation that the Motion was rigged. Elsewhere in the Factum, it’s implied that he was grossly incompetent.

This really isn’t a good look, if one wants the Ontario Court of Appeal to take this case seriously.

Although not part of the Appeal, the Court probably won’t be amused by this either. At a virtual press conference back on March 27, 2023, he claimed that Judges “are pretending they weren’t pointed to the jurisprudence”. In other words, it’s an accusation that the judicial system is corrupt. Should lawyers be saying such things?

Repeatedly Citing (Largely Irrelevant) Case: Bent V. Platnick

The 2020 Supreme Court of Canada case, Bent v. Platnick, was repeatedly quoted in the original Motion, and again in the Appeal. It was another defamation case, but the allegations made there were far worse than anything CSASPP had published. The levels are so different that it’s actually quite unhelpful.

Appeal Nearly Dismissed For Unnecessary Delay

Once an Appellant files all of their major “books”, there’s a final document called the Certificate of Perfection that needs to be included. Aside from the extra fee, it tells the Court that everything has been done, and that a hearing date should be set.

Apparently, it wasn’t done here properly. It was only after a Motion to Dismiss had been brought, that it was filed. Now, it could be sloppiness, but CSASPP believes it to be intentional delay.

Champerty And Maintenance: VCC Donors Paying For Appeal?

Both Ted Kuntz and Tanya Gaw submitted Affidavits in support of the original claim.

On Exhibit #C, page 21 of Kuntz’s Affidavit, there are remarks indicating that Vaccine Choice Canada had used donor money to finance defamation actions on behalf of doctors on social media. Presumably, this refers to Kulvinder Gill and Ashvinder Lamba.

Now the obvious question: are donors paying for this as well?

Overall, the Appeal comes across as a delay tactic. This is partly to avoid paying the $132,000 in costs that are owed, and partly to avoid the consequences of commencing a lawsuit to sabotage the Toews LSO complaint. But in the end, this Appeal will be dismissed as well.

Ontario’s anti-SLAPP laws (Section 137.1 of the Courts of Justice Act) have “full indemnity” as a default position for costs. This means that if a Defendant is successful in getting such a lawsuit tossed, they are presumptively entitled to 100% of their costs back. This makes defamation suits very risky to pursue.

Of course, a competent lawyer should know that.

CSASPP/RG DOCUMENTS (June 2022)
(1) CSASPP RG Statement Of Claim
(2) CSASPP RG Moving Party Motion Record Volume 1
(3) CSASPP RG Moving Party Motion Record Volume 2
(4) CSASPP RG Moving Party Motion Record Volume 3
(5) CSASPP RG Responding Motion Record Volume 1
(6) CSASPP RG Responding Motion Record Volume 2
(7) CSASPP RG Responding Motion Record Volume 3
(8) CSASPP RG Moving Party Supplemental Motion Record
(9) CSASPP RG Moving Party Record Motion To Strike
(10) CSASPP RG Plaintiffs Responding Record Motion To Strike
(11) CSASPP RG Transcript Brief
(12) CSASPP RG Moving Party Factum (Arguments)
(13) CSASPP RG Responding Plaintiff Factum
(14) CSASPP RG Moving Parties Reply Factum
(15) CSASPP RG Reasons For Judgement
(16) CanLII Posting Of Decision

CSASPP/RG APPEAL DOCUMENTS (2024)
(1) CSASPP Defamation Appellant Factum
(2) CSASPP Defamation Respondent Factum
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.scribd.com/document/768627727/2024-09-12-Notice-of-Merit-Hearing-13-January-2025
(5) https://www.scribd.com/document/758138683/2024-08-06-Defendant-Respondents-Motion-Record-to-Dismiss-for-Delay

1ST LAW SOCIETY OF ONTARIO CLAIM (July 2022)
(1) Law Society Of Ontario Statement Of Claim
(2) Law Society Of Ontario Intent To Defend
(3) Law Society Of Ontario Amended Statement Of Claim
(4) Law Society Of Ontario Requisition For Amended Claim
(5) Law Society Of Ontario Motion Record, To Strike
(6) Law Society Of Ontario Moving Party Factum To Strike
(7) Law Society Of Ontario Plaintiff Responding Factum

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

September 14, 2024September 28, 2024

HateGate, Part 4: A Look At Hategan’s Book “Race Traitor”

This continues the series on “HateGate”. This is the fake scandal which supposedly showed that the Emergencies Act was invoked because of a meme. More broadly, this ongoing series covers Diagolon, the fed honeypot used as an intelligence gathering operation.

Parts 1, 2, 3, 4 and 5 of the Schill gun grab are here.
Parts 1, 2 and 3 of the HateGate scam are available as well.

Followers of this cult repeat the talking point that the group was “vindicated” by the HateGate Report. This was the 85 page document from Caryma Sa’d and Elisa Hategan. The short version is that the RCMP, CSIS and Government relied on speculative reporting (such as from the Canadian Anti-Hate Network), and wrongly sounded the alarm.

Aside from the fact that the “smoking gun” 1,082 page FOIPIP package doesn’t support this, there’s a lot of background information missing about the story.

Turns out that Hategan, one of the co-authors of the HateGate Report wrote a book years back called Race Traitor. She’s also posted about her desire to lock up “racists“. It’s a little bizarre that she would work to clear people who despise her for being Jewish and a lesbian.

Hategan talks at length about her time with “Heritage Front”, which was a prominent neo-Nazi group back in the 1980’s and 1990’s. She was involved with it as a teenager, even committing illegal acts. She also writes about how one of the co-founders, Grant Bristow, in fact worked for CSIS. As it turns out, CSIS was largely responsible for creating, financing and growing it.

And why? To act as a honeypot to identify and gain intelligence about whites concerned about demographic changes.

The parallels between Heritage Front and Diagolon are striking. Despite this, Sa’d and Hategan go out of their way to avoid asking the obvious question: is Diagolon just another operation?

Summary Of Hategan’s Book: Race Traitor

Hategan’s book is available online. Unsurprisingly, it’s a biography, told in first person. To avoid any frivolous claims of copyright infringement, the text won’t be included. However, here are some of the more interesting sections, with page numbers.

(Page 5) The Prologue starts. Hategan is quite open and upfront that Heritage Front was in fact created and partially funded by CSIS, and that Grant Bristow was a CSIS agent. She also testified in Court about several of the members.

(Page 48) Hategan gets into details about recruitment of Heritage Front, and about how its goals included preventing what was already underway in Europe with illegals invading.

(Page 92) Hategan has discussions about the books: (a) The Turner Diaries; and (b) Day of the Rope. Incidently, those books are also promoted by Jeremy MacKenzie and Diagolon.

(Page 110) Hategan talks about going to rallies with Heritage Front. She also acknowledges that media attention helped make the group a household name. Didn’t the same thing happen with MacKenzie and Diagolon?

(Page 124) Hategan talks about efforts to infiltrate the Reform Party, led by Preston Manning at the time. Interestingly, the same claim is made today about Poilievre and Bernier’s organizations. Hategan admits that had Bristow been charged then, a lot of people wouldn’t have been harassed.

(Page 131) Hategan goes into detail about surveillance and intelligence gathering methods used by Heritage Front. These included:

Cracking answering machine passwords
Using phone books and pretext phone calls to get addresses
Impersonating the targets
Impersonating journalists
Attending rallies in disguise
Using utility records and voting registries to get addresses
General stalking

Now, considering Diagolon’s “Road Rage Terror Tour” over the summer, can one see how it might be used to gather information on supporters?

(Page 161) Hategan talks about a complaint filed with the Human Rights Commission, which was designed to shut down the “Heritage Hotline” that had been in operation.

(Page 191) Hategan talks about the names and addresses of members that she’d handed over to authorities. She also laments that she picked up an additional criminal charge — s.319 (inciting hate). While rich “Nazis” would be able to delay Court matters for years, she’d have to answer for it.

(Page 210) Hategan was now gathering intelligence on international “hate groups”, all of which she would be turning over to authorities.

(Page 248) Hategan talks about being the star witness for the Canadian Human Rights Commission in their case against Heritage Front.

(Page 306) Hategan claims that the Government essentially whitewashed the operation, including the full scale of what Grant Bristow had been involved with. Bristow’s conduct amounted to harassment, intimidation, threatening and stalking of activists. He wasn’t charged with any of it.

There’s also a lot of personal backstory included, some of it relevant.

This is by no means the complete book, just some of the highlights. Hategan also comes across as very bitter that Bristow was placed in witness protection, while she was not. She reasons that her testimony directly led to people being locked up, while he didn’t.

In any event, this took up years of Hategan’s life. It’s inconceivable that she wasn’t aware (or at least very suspicious) of the rise of MacKenzie and Diagolon. There are simply too many parallels.

While it’s true that “podcast culture” wasn’t a thing in the 1990’s, the tactics used then eerily resemble what’s been going on today.

They All Had To Have Known Ahead Of Time

Back in January 2021, Hategan posted on Twitter some biographical information. An even earlier post (2017) has her bragging about “sending racists to jail”.

Even further back, in 2020, Hategan posted on Twitter that she had directly caused 3 white supremacists to go to jail. She also published that she had produced some 30 Affidavits for the police (actually, the Ontario Provincial Police) to help them with gun related crime.

Hategan had a “continuous relationship with law enforcement”.

Isn’t that what Jeremy MacKenzie stated he was interested in having?

So, why were there no questions about the HateGate Report that she co-authored? In fact, she’s claimed several times to have been the main author of it. Why then, would Diagolon members be celebrating the work of a police informant who would have them locked up for their views?

As an aside, Hategan threatened to sue Derek (Rants) Harrison over him including her in his (satire?) book called “Meme Kampf”. One would think that this would cause him to look a bit deeper into the people who supposedly “cleared” his organization. But apparently not. It takes effort to be this uninterested in the truth.

When the Report was released in September 2023, Hategan posted this online. While promoting this book, she quite openly stated that CSIS played a large role in creating Heritage Front.

One then has to ask the obvious question: why downplay or minimize the obvious connection that Diagolon could also be a Government honeypot? If it was done once, who says it couldn’t be again?

Misrepresenting Content Of 1,082 Page FOIPIP

Ever wonder why this “smoking gun” FOIPIP package is never released? Hategan bragged about how this was real investigative journalism. This was supposed to be the proof of gross police incompetence and coverup, remember?

Most likely, it’s because the full package doesn’t support their conclusions. Instead, a few cherry-picked emails are used as the basis of this conspiracy.

The FOIPIP request didn’t act for all records related “to the invocation of the Emergencies Act”. It just asked for records on Diagolon itself. From there, Sa’d and Hategan made the assumption that this was a complete record of everything that transpired.

So-called alternative media such as Viva Frei and Harrison Faulkner apparently never bothered to do any digging into the story. If they had, they’d have uncovered all kinds of holes. But it’s not just the mainstream press that can’t be trusted.

Questions for “Diagolon” members:

(1) Does it concern you at all that the primary author of the HateGate Report was a law enforcement asset? She cooperated with police over a long period of time.

(2) Does it concern you she was working for a CSIS honeypot?

(3) Are you at concerned about the reliability of your HateGate Report, considering Hategan has publicly stated that she wants to see racists jailed? And by “racists”, she means the kind of people who tune in to see the Raging Dissident.

(4) Does it concern you that Hategan would write a book outlining all this information, and people either never knew, or never cared?

(5) Do any of the parallels between Heritage Front and Diagolon alarm you?

August 26, 2024September 28, 2024

HateGate, Part 3: Why The Final Report Is Misleading

This continues the series on “Diagolon”. This is a so-called “meme” organization that shows the signs of being a honeypot run by either law enforcement or intelligence. Even if the members themselves aren’t connected directly, they function as “useful idiots” for the Government.

Parts 1, 2, 3, 4 and 5 of the Schill gun grab are here.
Parts 1 and 2 of the HateGate Scam are available as well.

Back in the Fall of 2023, this 85 page document was written by Caryma Sa’d and Elisa Hategan, and released by Crier Media. It supposedly proved the Emergencies Act had been invoked because of shoddy intelligence and poor research. Authorities engaged in a clownish series of acts and panicked over an edgy podcast.

This is in no way an attempt to justify the loss of freedoms that had been going on since 2020. That said, there are questions to ask about this report.

The strongest evidence is said to be the 1,802 page FOIPIP document. It’s comprised of emails, letters and memos between Government officials and law enforcement.

Interestingly, the massive FOIPIP released from the RCMP is quoted, but never linked. Nor was it included by any of the “media” outlets who covered the expose. Was was this receipt left out?

Here are just a few points to consider:

What Data Did FOIPIP Request Actually Ask For?

Any and All records, files (etc), documents, memos, e-mails, communication records, and reports on the subject of “Diagolon” or in relation or reference to the subject of Diagolon. Search term: Diagolon Also referred to as the Diagolon Network or Diagolon Militia.
Timeframe: January 01 2021 to August 15 2022

From this, Sa’d and Hategan went on to draw the conclusion that police are taking their information primarily from the media. After that, the police would feed this data — primarily from the Canadian Anti-Hate Network — to politicians, who (among other things) invoked the Emergencies Act. They apparently all fed off of each other, which was referred to many times as the “circle jerk”.

However, Sa’d and Hategan — in their FOIPIP request — didn’t ask for all “records, files (etc), documents, memos, e-mails, communication records, and reports” that resulted in the EA being invoked. Instead, the request was specific to the group, Diagolon. They then decided that these records were sufficient. It’s worth noting that the FOIPIP didn’t inquire about any other (alleged) extremists.

Nor did the FOIPIP request to obtain any “records, files (etc), documents, memos, e-mails, communication records, and reports” about how so-called violent extremists groups are defined, surveilled and dealt with.

Nor did the FOIPIP request to obtain any “records, files (etc), documents, memos, e-mails, communication records, and reports” about what information and evidence had been gathered on Diagolon. They didn’t ask to see anything from law enforcement directly. Granted, this would likely have been withheld, if investigations were ongoing.

The documents included here do have significant redactions, so there’s a lot of information that’s being withheld. Nonetheless, Sa’d and Hategan can apparently still piece together what was going on.

Point is, a lot of conclusions were drawn on a very incomplete record.

Authors Interviewed No Witnesses To Draw Conclusions

Pages 57 to 62 of the HateGate report quote some emails between various law enforcement and Government. From this, the authors conclude that the RCMP was working blindly to fulfill demands to dig up dirt on various extremist groups.

Problem is: going through their report, it doesn’t look like they interviewed a single witness, or even attempted to. Since the FOIPIP only asked about “Diagolon”, most likely there are many other emails not included. Given the gaps in the record (see previous section), one would think they would try to contact at least a few of the officers involved. After all, their email addresses were listed.

This isn’t to justify — in any way — the heavy handed approach that was used on peaceful protesters. Far from it. But these are very serious allegations to make, and it’s very speculative.

RCMP Expressed Doubt About Reliability Of CAHN Articles

Pages 16 through 26 of the 2nd FOIPIP package are worth a read. The RCMP does discuss Diagolon at length, and admits that a lot of the information they get came from CAHN. However, they also admit that it’s almost impossible to verify any of it, and that it’s unclear how CAHN can make these assertions with any level of confidence.

The RCMP also expresses doubts about a University of New Brunswick Professor named David Hofmann. They don’t know how he can state that Diagolon is an “American-style militia movement”.

They conclude that “operational information” would be needed to build any profile, since none of the open source claims can be verified.

Is this self serving? Maybe, but these are the same FOIPIP documents that are being used to make them look incompetent and dishonest. Yes, the RCMP does monitor the content CAHN puts out — that’s obvious — but they have doubts about its reliability.

MacKenzie’s Stream From February 15th, 2022

Starting at page 47 of the 6th FOIPIP package, MacKenzie’s video is mentioned, along with several quotes. He refers to himself (presumably sarcastically) as the Neo-Nazi Militia Commander. He mentions the patches that were found in Coutts, but suggests they were planted. He also goes on about the “country” being a meme.

It’s baffling to understand what kind of idiot would post a video with such a title. If authorities aren’t understanding what’s satire v.s. reality, why give them this kind of bait? And it’s hardly the first time he’s done something like this.

MacKenzie either doesn’t know — or pretends not to know — that posting this content can have serious consequences. Hard to claim he’s being smeared by CAHN when this is how he describes himself.

There are also remarks in various streams about “hunting circs”, which police take to mean “hunting circulons”, or people who subscribe to different ideologies. While this is likely in jest, authorities take them at their word.

Part of the reason authorities had such difficulty understanding what Diagolon was likely had to do with the endless mixed messages. MacKenzie and his friends routinely said things that would be considered fed-posting, only to follow it up with “it’s all just a joke”. Comments about “gun or rope” and the like are also just jokes.

Yeah. The majority of the content was – especially considering the time, it was very anti-COVID, anti-vaccine, anti-government material. There was a lot of conspiracy theory material in that. There was a lot of what I would define as White nationalists, White supremacy ideology existing within that space. There was also a lot of what I would define as militia-type discussions. There was a lot of talk of acquiring weaponry, body armour, ammunition, planning meet-ups, organizing community events, and then also articulating the purpose of these events beyond simply….

Going back to the Schill gun grab of May 2024, Carmichael testified that there were meet-ups in person. There were also conversations around weapons, ammnition, and body armour.

He also testified that the in-person meetings were surveilled.

One has to wonder how long this has been going on for. How extensive it the information that has been gathered? This is another reason to think that more information should have been asked for with the FOIPIP request.

Are MacKenzie, Harrison, Vriend and the others completely oblivious to what’s being set in motion? All of this talk about being a militia, going shooting, etc… is being taken at face value. And now with the hard anti-immigration push, it looks even worse.

RCMP Has Their “Talking Points” Available For The Media

Back in April 2022, the RCMP had their “talking points” ready for media inquiries. This is from the beginning of the 1st FOIPIP package. In essence, there were scripts already prepared, including what to say if pressed further.

Page 31 of the 9th FOIPIP package has a similar script, dated February 20th, 2022. No specifics can be given, but there’s a “trust us” response.

Far from being unique, it seems likely that most (or all) press conferences are structured this way. There’s the set script, and then the “extra information” to be released if there’s any pushback.

Diagolon is mentioned in the context that body armour from Coutts, AB had their markings on it. Yes, it is labelled a “militia” in this memo. Can’t figure out why.

Authors Insert Themselves Greatly Into Report

The HateGate report is 85 pages, or less, if covers, table of contents, etc… are removed. Pages 10 and 11 are about Caryma Sa’d, and 31 to 44 are about Elisa Hategan. 16 pages, or approximately 20% of the report’s content is information on the authors and their experiences. There’s about as much detail on them as there is on MacKenzie. And that leads to another concern….

Other Agendas From The Authors?

As an aside, it’s comical how the “independent” media who broke HateGate never bothered to do the slightest bit of due diligence into the people writing the report.

Part 1 of this series covered Elisa Hategan, one of the co-authors. She had been involved with a group called Heritage Front back in the 1990’s. She later acted as an “asset” for the Ontario Provincial Police, helping to bring them down. Hategan’s story is widely available, and she even published a book titled: “Race Traitor”.

Heritage Front turned out to be a CSIS operation, quite literally. It was co-founded by Grant Bristow, who was at one point the second-in-command of the group. This means the group was created, at least in part, by CSIS. Who’s to say that Diagolon isn’t the next iteration?

Part 2 covered Hategan’s lawfare against Bernie Farber, and Elizabeth (Moore) Frederiksen. Justice Ferguson found that Hategan had engaged in doxing, stalking, harassment, and invading privacy. Not content to lose in Court, she kept it going in Appellate Court for another 2 years.

Hategan’s involvement in writing the HateGate report is suspicious because: (a) she glosses over the “honeypot” possibility; and (b) given her recent history with Farber, this looks like revenge.

Thoughts On The FOIPIP And HateGate Report?

The claim has been going around since September 2023 that this was “proof” that an intelligence failure around Diagolon and MacKenzie led to the EA being invoked. But the request only asks for information on Diagolon, and is structured in a way that ensures such proof won’t be included. It would have been far more productive to request all records related to the declaration of emergency in the first place.

Alternatively, multiple FOIPIP requests could have been made, even if there would be overlap in the disclosure.

While the FOIPIP package is over 1,000 pages, there’s very little in there. Many of the emails are chains, so the same content keeps coming up. A lot of pages have little to no content on them.

Sa’d and Hategan fill in the blanks with their own assumptions. Without talking to witnesses, they speculate and give their views about what was going on. If this was clearly explained to be opinion, that would be one thing, but people interpret this as fact.

Taking the FOIPIP documents at face value, it’s clear that the RCMP (and presumably CSIS too) do in fact monitor the news in general. They also have looked at what CAHN has said about others, including Diagolon. However, while these articles are quoted, and shared, there’s no hard proof that it led to anything, let alone the invocation of the Emergencies Act.

Yes, other countries (such as New Zealand) have been contacted about Diagolon. However, given the kinds of comments MacKenzie and his followers routinely make, this doesn’t seem outrageous.

The HateGate report comes across much more as an advocacy piece that something objective. MacKenzie’s take on things is always given deference. People like Bernie Farber are always pushing ideological agendas. The authors (in particular Hategan) use their own experiences as material and for reference points.

Overall, this is nowhere near the “breaking story” that had been portrayed.

It’s interesting, but that’s about it.

Again, this is in no way to justify the declaration of emergency, or the crackdown on protesters, or the freezing of bank accounts. None of that was called for.

SCHILL HEARING:
(1) https://www.canlii.org/en/on/oncj/doc/2024/2024oncj249/2024oncj249.html
(2) Evidence Of Officer Ernest Carmichael, Day 1
(3) Evidence Of Officer Ernest Carmichael, Day 2, Cross Examination

HATEGAN STALKING CIVIL CASE:
(1) https://www.canlii.org/en/on/onsc/doc/2021/2021onsc874/2021onsc874.html
(2) https://www.canlii.org/en/on/onca/doc/2022/2022onca217/2022onca217.html
(3) https://www.canlii.org/en/on/onca/doc/2022/2022onca715/2022onca715.html
(4) https://www.canlii.org/en/on/onca/doc/2023/2023onca57/2023onca57.html

Category: Subversion

Review Of Canadian National Railway Case, Dropped in 2023

What Specific Errors Were Made With CNR Case?

1. Failure To Plead Necessary Material Facts

2. Failure To Keep Evidence Out Of The Claim

3. Failure To Properly Plead Necessary Particulars

4. Failure To Properly Plead Charter Violations

5. Seeking Relief A CIVIL Court Cannot Grant

6. Failure To Understand Labour Law And Jurisdiction

Timeline Of Major Events In This Case

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