Take Action Canada: The Million Dollar Grift Machine

A group called Take Action Canada was responsible for a $125 million lawsuit on behalf of approximately 100 so-called “first responders” in Ontario. It was filed March 1st, 2023, as a result of workers who had lost their jobs for refusing the injection mandates.

This was announced by CTV News at the time, Insauga, Bay Today, Waterloo Region Record, and more. The story was splashed across fairly mainstream outlets in Canada. The stage was set for it to be a big case, with major developments to come.

But here’s where the problems began.

None of the media that covered this, except Canuck Law, mentioned the fact that this pleading was a recycled case. The Statement of Claim was copied from the Action4Canada (BC) case, and the Adelberg (Federal) case. Both had been struck as “bad beyond argument”, by the same lawyer who drafted this one.

None of the major outlets who covered this filing mentioned the elephant in the room: because the Plaintiffs were mostly (if not all) covered by collective bargaining agreements, there wouldn’t be any jurisdiction to sue in Court. Nor did any of them mention how incomprehensible and unintelligible the pleadings were.

No one seemed to notice that while injection mandates were launched in the Summer and Fall of 2021, this lawsuit wasn’t filed until March 2023. That was about 18 months later.

By the end of 2023, this site had been tipped off that the lawyer in charge of the suit, “Mr. Bad Beyond Argument”, was threatening to discontinue the case. The Defendants were threatening to bring Motions to throw the case out, and money was needed for “security for costs”.

While the case promoted by Take Action Canada had been covered, the organization itself hadn’t been. And wow, it’s quite the rabbit hole. More than $1,000,000 has been collected for causes that will never pan out. Let’s get into it.

Retainer agreements of $1,500 per Plaintiff ($150,000 total) for mediocre work

This retainer agreement is still posted on the Take Action Canada website, although copies of it have been making their rounds. See archive.

This was sold as a “flat fee” retainer, meaning that all Plaintiffs would be contributing this amount, and it would cover everything, up to and including Trial. By itself, there’s nothing wrong with this.

However, this case would never get to Trial. This is because: (a) the Plaintiffs have bargaining agreements which mandate grievances and arbitration; and (b) the Statement of Claim was so poorly written. But it gets much worse.

Another $4,500 per Plaintiff ($450,000 total) demanded

November 24th, 2023, this letter was sent to Canuck Law, reportedly from one of the Plaintiffs. While the original retainer was $1,500 each, counsel now demanded another $4,500 from everyone. Considering the number of Plaintiffs, this would be approximately half a million more.

The “stated” reason was to ensure that money was available should a Motion for Summary Judgement. Presumably, the Defendants would be seeking this avenue since the Plaintiffs were all barred from litigation by their arbitration requirements.

This is quite the bait-and-switch. $1,500 each turned into $6,000 each very quickly. And this is because lawyers threatened to bring Motions to throw out the case.

This closely parallels the Adelberg case. The initial $1,000 retainer (per client) was supposed to cover everything. After the case was struck, another $1,000 from each was demanded in order to begin the appeal process.

For reference, Action4Canada was hit with about $13,000 in costs after their 391 page filing was struck. How did this merit an exponential increase? And if the case is dismissed or struck because of incompetent representation, shouldn’t the lawyer pay to fix this?

And while the letter references a January 24th, 2024 case conference, it did in fact happen, but was adjourned indefinitely. As of now, there are no appearances scheduled.

Take Action Canada runs survey to discontinue the case

While there were reasons to be skeptical of the above letter, this webpage changes everything. See archives here and here. Take Action Canada, the group that had organized the “Ontario First Responders” lawsuit, was now asking Plaintiffs if they wanted to either hand over more money, or bail out. The lawyer wasn’t even trying to fight for them.

The $1,500 retainer agreement turned out to be a giant bait-and-switch. Now, Plaintiffs would have to pay thousands more. It’s unclear how many of them actually did.

Would any of the 100 or so Plaintiffs have signed the original retainer agreement if they knew that they’d be paying an extra $4,500 just a few months later? Probably not. They’d either have hired different lawyers, or given up altogether.

Settle in, the grifting isn’t over yet.

Take Action Canada raising money using Adam Skelly’s name?

On their website, Take Action Canada claims to be fundraising for Adam Skelly, who made news back in late 2020. See archives here and here. They also have a promotional video posted.

A correction: The group lists some $431,000 already raised on his behalf, with the breakdown provided by the CCOC, Concerned Constituents of Canada. Previously, it was stated that T.A.C. raised the money itself, which doesn’t appear to be the case.

Another $100,000 is solicited, for a challenge filed in June 2022. See the Application, seeking declaratory relief over various provisions of the Reopening Ontario Act. There are several prospective expert witnesses who are offering evidence on Skelly’s behalf:

  • Dr. Byram Bridle
  • Dr. Harvey Risch
  • Dr. Douglas Allen
  • Dr. Gilbert Berdine
  • Dr. Joel Kettner
  • Dr. William Briggs
  • Dr. Mark Trozzi

The lawyer involved in this currently is Ian Perry. It seems that things didn’t work out with Michael Swinwood, Skelly’s previous counsel. In fact, Swinwood is being sued for professional negligence, given his handling of earlier cases.

Take Action Canada fundraising for non-existent class action lawsuit?

Take Action Canada also has a page soliciting money for a class action lawsuit against various school boards and the Government of Ontario. See archives here and here. It doesn’t appear that such a suit ever materialized. Or, if one has, they don’t bother promoting it.

Note: a “Class Action” is a very specific type of lawsuit, which has its own set of governing rules. It’s not simply a case with a lot of Plaintiffs.

There is a Go Get Funding page linked to this. So far, it’s raised $16,397, and is still open. See archives here and here. This is a very small amount, so hopefully people have seen through it.

There’s also this Go Get Funding set up for “Front Line Financial Relief Fund”. It currently has $6,600 raised.

Take Action Canada fundraising for non-existent hockey case

Take Action Canada was apparently running this initiative for hockey players with Children’s Health Defense Canada. See archives here and here. Since 2021, it doesn’t appear that any such lawsuit has materialized. Or, if one has, it’s not published here.

How much money was raised, and was it returned?

The page indicates that retainers of $1,000 to $1,500 would be sought. Of course, knowing how these things work, the eventual Statement of Claim would just be yet another rehash of the “bad beyond argument” work that’s been previously thrown out.

Take Action Canada financial assistance fund

Another initiative was the Financial Assistance Fund for emergency workers. See archives here and here. In theory, there’s nothing wrong with doing anything like this, and it’s noble. That being said, there doesn’t seem to be much in the way of transparency.

Some parting thoughts

This should serve as (yet another) reminder to be diligent about where money is spent. Even if the people involved say all the right words, it doesn’t mean they’ll follow through with it.

It’s hard to say how much Take Action Canada has raised, or gotten people to spend. But just from their own pages (first responders and Adam Skelly) it’s pushing a million dollars. It could easily be much more.

Just like Action4Canada and Vaccine Choice, this group has no problems taking shots at their critics. Nor does forcibly silencing them pose a dilemma. But fortunately, it gets a lot of people asking questions.

It brings no pleasure in having to repeatedly point out the underhanded nature of what’s going on in the so-called Freedom Movement. However, these harsh truths do need to be exposed, and questions need to be asked.

T.A.C. DOCUMENTS/LINKS TO LOOK AT
(1) https://takeactioncanada.ca/
(2) https://twitter.com/Takeactioncan
(3) Ontario EMS Retainer Agreement – $1,500 Each Plaintiff
(4) Ontario EMS Statement Of Claim
(5) Ontario EMS Amended Statement Of Claim
(6) Ontario EMS Requisition To Amend
(7) Ontario EMS Notice Of Intent To Defend
(8) Ontario EMS Demand For More Money

T.A.C. POSTS SURVEY ABOUT DISCONTINUING “FIRST RESPONDERS” LAWSUIT
(1) https://takeactioncanada.ca/tac911-legal-action-1st-responder-essential-workers-update-dec-survey/
(2) Take Action Canada — Legal Action 1st Responder Essential Workers Update Dec Survey
(3) Wayback Machine Archive
(4) https://canucklaw.ca/wp-content/uploads/Ontario-EMS-Demand-For-More-Money.pdf

RAISING MONEY UNDER GUISE OF ADAM SKELLY CASE?
(1) https://takeactioncanada.ca/stand-with-adam/
(2) Take Action Canada — Stand With Adam
(3) Wayback Machine Archive

RAISING MONEY FOR CLASS ACTION LAWSUIT?
(1) https://takeactioncanada.ca/classaction1/
(2) Take Action Canada — Class Action – School Boards and Government of Ontario
(3) https://gogetfunding.com/ontario-childrens-schools-legal-defense-fund/
(4) GoGetFunding — Ontario Children’s Schools Legal Defense Fund
(5) Wayback Machine Archive
(6) https://gogetfunding.com/front-line-financial-relief-fund/

RAISING MONEY FOR HOCKEY LAWSUIT?
(1) https://takeactioncanada.ca/nojabsinhockey/
(2) Take Action Canada — Hockey Families – Legal Action – No Jabs for Our Kids
(3) Wayback Machine Archive

TAKE ACTION CANADA FINANCIAL ASSISTANCE FUND
(1) https://takeactioncanada.ca/financial-assistance/
(2) Take Action Canada — 911 and First Responders Financial Assistance Fund
(3) https://web.archive.org/web/20240303114730/https://takeactioncanada.ca/financial-assistance/

MEDIA COVERING INITIAL FILING
(1) https://kitchener.ctvnews.ca/former-municipal-employees-launch-125m-lawsuit-over-vaccine-mandates-1.6298453
(2) https://www.insauga.com/ex-oakville-hamilton-municipal-workers-part-of-125m-lawsuit-filed-over-vaccine-mandates/
(3) https://www.baytoday.ca/local-news/126m-class-action-vaccine-mandate-lawsuit-launched-6656849
(4) https://www.therecord.com/news/waterloo-region/covid-19-lawsuit-seeks-125m-from-ontario-municipalities-including-cambridge-fire-department/article_f6ba19fb-7152-590d-9573-2fe81653efd5.html

Action4Canada Begging For More Money For “Mystery” Lawsuits

Action4Canada is soliciting more money for lawsuits they have yet to file. See archive. These cases haven’t been filed, and they refuse to provide any information, including who the Defendants are, estimated timelines, or even what they’re about. This is done apparently to “not alert the opposition”.

It’s hard to make the original text look worse than it is. Quoting it directly is probably the best option here.

I believe we can agree that Action4Canada is definitely on the right track and that Rocco’s expertise in drafting the NOCC and the content within it, is of great concern to the defendants who do not want to see Rocco have his day in court. We have top expert witnesses and their testimonies and affidavits are signed and ready to go. We are prayerful that when we get our day in court, justice will be served.

On February 7, 2024 Ted Kuntz from Vaccine Choice Canada joined Tanya Gaw, founder of Action4Canada, on the Empower Hour to provide a special investigative report that exposed individuals who claim to be part of the freedom movement but who have actually been working to get our lawyer disbarred, undermine our legal actions, and interfere with our financial support. One of the parties involved in these campaigns has reported ties to the World Economic Forum. Understandably, this has called into question their true motives, and raised concerns about whether they are secretly aligned with the government.

It has become apparent that the attacks against Rocco, A4C and VCC are all part of a deliberate, highly resourced and orchestrated smear campaign against individuals who have steadfastly sought to reveal the truth to Canadians. As more evidence of government corruption, negligence and conspiracy surfaces Canadians are looking for an explanation and people are demanding answers and accountability. The A4C and VCC cases are public documents that provide answers and explain the true motives and objectives of the COVID mandates, which in and of themselves are just a small piece of the bigger picture and a longer story. It is the bigger picture and story that the detractors don’t want Canadians to see or read.

Delusional doesn’t even begin to cover it.

The irony (or hypocrisy) is that this site was sued for exposing the truth about just how poorly written many of these anti-lockdown cases are.

Pursuing freedom was never the issue, and that was repeatedly made clear. Instead, the absurdly long delays, and incoherent pleadings were the subject of the criticisms. These are public interest litigation, not some private disputes.

It also doesn’t seem to register how bad it looks to call people “paid agitators” for critiquing their work, while making accusations which are arguably much more defamatory.

Nor does it occur to them that since these SLAPPs are still open cases, they could — in theory — be forced to testify. It’s not too bright to splash this kind of evidence around.

The British Columbia and Federal Governments don’t fear facing these people in Court. Instead, this would probably be viewed as comic relief.

Now, we get to the demands for more money:

We also want to request that you continue to financially partner with us. We are so thankful to everyone who helped raise the original funds for this Constitutional challenge and we hope that this recent win in court provides encouragement and reflects our integrity and commitment to the legal challenges and representing all Canadians. We would like to further inform you that Action4Canada is taking on additional legal challenges that are of equal importance and of public concern. However, we are not yet ready to disclose the details as we do not want to alert the opposition, but we can assure you that in our preliminary work we have already achieved very positive results.

Action4Canada wants more money to start additional lawsuits, but won’t say who they are against, or even what the objectives are. That sounds sketchy.

Even worse, the misrepresentation that the Court of Appeal gave them a “win” is used to bolster the requests for more money. It’s wasn’t a win at all. The Appeal was DISMISSED. In a similar vein, the original NOCC was STRUCK IN ITS ENTIRETY, not declared to be valid.

Assuming these new lawsuits ever materialize, what’s their purpose? Will it be used to fight Government overreach? Or will more of their critics be sued?

As for their main 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.

Now, despite what a clown show the case against Bonnie Henry has been, Action4Canada is asking for money for other legal actions, but refuses to specify any details.

Are there more cases in the works?

Against who?

Or, is this just another bottomless pit for gullible people to throw away their money? Guess we’ll have to see what becomes of it.

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

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

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

ACTION4CANADA FINANCIAL DOCS:
(A) A4C Docs Profits And Losses 2021-2022
(B) A4C Docs Balance Sheet 2021-2022
(C) A4C-Docs-General-Ledger-2021-2022

MORE PANHANDLING, “PAID AGITATORS”
() https://action4canada.com/legal-update-we-were-successful-in-the-court-of-appeal-and-are-moving-forward-with-filing-the-new-nocc/
() Wayback Machine Archive
() Legal Update_ We Were Successful in the Court of Appeal

B.C. Court Of Appeal Confirms “Bad Beyond Argument” Ruling In Action4Canada Case

In August 2022, Action4Canada had their Notice of Civil Claim (or NOCC) struck in its entirety by the B.C. Supreme Court. Justice Ross concluded that the 391 page document was such a convoluted mess, it was impossible to respond to. There were no determinations on the merits, just the quality of the writing. The Court of Appeal has just upheld that ruling

While the Lower Court’s written reasons outlined a number of potentially serious problems, Justice Ross avoided giving a definitive answer as to what content would be allowed. It seems that the Plaintiffs’ lawyer doesn’t understand how to interpret legal findings.

  • Reasons: background information that’s necessary to support findings
  • Order: what the Court actually rules on

And what was the Order?

[74] In summary:
a) I find that the NOCC, in its current form, is prolix and must be struck in its entirety;
b) I grant the plaintiffs liberty to amend the NOCC; and
c) This action is stayed pending the filing of a fresh pleading.

[75] On the issue of costs, I note that each plaintiff is pursuing this action seeking money damages from one or more defendant. In responding to those claims each defendant has been put to the expense of answering (if not filing a response) to the NOCC. In addition, the defendants have all been required to prepare for and conduct this application. None of those steps would have been necessary if the matter was properly pleaded.

[76] On that basis, I find it appropriate to award each defendant the costs for the necessary steps of “defending a proceeding”, and for preparing for and attending an application (opposed). Those costs are payable forthwith in any event of the cause.

For reasons that were never made clear, the decision was appealed. The Plaintiffs could simply have redrafted and refiled an amended version, but didn’t.

The B.C. Court of Appeal has now said exactly that. They couldn’t understand why they were even there. It was agreed that the Claim was prolix (too long) and confusing. Therefore, the obvious answer was to rewrite it, as Justice Ross allowed it.

The other issue in the Appeal was over costs. The argument was that because success was “divided”, there should have been no costs. Apparently, since a rewrite was allowed, this amounts to a partial win. However, costs are considered discretionary, and this was predictably rejected.

Here’s what the B.C. Court of Appeal had to say.

[1] Pleadings play a central role in the conduct of civil litigation and access to justice. Their purpose is to clearly, concisely and precisely define the issues of fact and law to be determined, inform the other side of the case to be met, determine the nature and scope of pre-trial procedures, and guide the trial process: The Owners, Strata Plan LMS3259 v. Sze Hang Holding Inc., 2012 BCCA 196 at para. 1; Sahyoun v. Ho, 2013 BCSC 1143 at paras. 16–19; Supreme Court Civil Rules, B.C. Reg. 168/2009, R. 3-1(2) [Rules].

[2] Prolix pleadings are improper. They lead to confusion, unfairness, delay and expense, and impede the litigation they are intended to facilitate: see e.g., Mercantile Office Systems Private Limited v. Worldwide Warranty Life Services Inc., 2021 BCCA 362 at paras. 22–23, 44, 58. They also occupy inordinate court resources, preventing other litigants from accessing the court services they require and deserve.

[3] Here, the appellants’ notice of civil claim is 391 pages long. Part 1 (“Statement of Facts”) is over 300 pages long, contains more than 1,000 paragraphs and sub-paragraphs, and includes hundreds of footnotes, some of which contain hyperlinks to various websites. Part 2 (“Relief Sought”) is over 40 pages long and seeks, among other things, over 200 declarations. Part 3 (“Legal Basis”) is almost 30 pages long.

[4] The notice of civil claim includes wide-ranging allegations of a global conspiracy, and challenges the scientific and constitutional foundation of the federal and provincial responses to the COVID-19 pandemic. To give a sense of the breadth and nature of the allegations, the appellants’ “summary” of the factual basis of their claims includes (at 310–311, para. 283(d) of the notice of civil claim) the allegation that the federal and provincial responses to the COVID-19 pandemic violated the appellants’ “statutory and constitutional rights” because:
.
… the “COVID-pandemic” was pre-planned, and executed, as a false pandemic, through the [World Health Organization], by Billionaire, Corporate, and Organizational Oligarchs the likes of Bill Gates, [Global Alliance for Vaccines and Immunization, now Gavi, the Vaccine Alliance], the [World Health Organization], and their former and current associates such as Theresa Tam and Bonnie Henry, the [World Economic Forum], and others, in order to install a New World (Economic) Order with:
.
(i) De facto elimination of small businesses;
(ii) Concentration of wealth and the power to control economic activity in large global corporations;
(iii) To disguise a massive bank and corporate bail-out;
(iv) To effect global, mandatory vaccination with chip technology, to effect total surveillance and testing of any and all citizens, including the Plaintiffs;
(v) To shift society, in all aspects into a virtual[] world at the control of these vaccine, pharmaceutical, technological, globalized oligarchs, whereby the Plaintiffs, and all others, cannot organize [or] congregate[; and]
(vi) To effectively immobilize resistance to the agenda by neutering Parliaments and the Courts, and by extension the Constitution and Constitutional Democracy and Sovereignty, in short to obtain “global governance”.
[Emphasis in original.]

[5] In reasons indexed at 2022 BCSC 1507 (“RFJ”), the chambers judge sensibly concluded that the notice of civil claim is prolix and cannot be properly answered: RFJ at paras. 45, 74. He also concluded that it is “bad beyond argument” and “cannot be mended”: RFJ at paras. 45, 47–48. He, therefore, granted the respondents’ applications to strike the pleading in its entirety: RFJ at paras. 48, 74.

[6] Next, the chambers judge considered whether to dismiss the appellants’ claim or grant them leave to amend it. He concluded that “there may be legitimate claims that a plaintiff could advance against one or more of the defendants”: RFJ at para. 50. He, therefore, granted the appellants leave to amend and stayed the action pending the filing of a fresh pleading: RFJ at para. 74.

[7] On the issue of costs, the judge noted that “each plaintiff is seeking money damages from one or more defendant”: RFJ at para. 75. Having put the defendants to the expense of unnecessarily answering an improper pleading, the judge awarded each defendant costs “payable forthwith in any event of the cause”: RFJ at paras. 75–76.

[8] In oral submissions, the appellants conceded that the notice of civil claim is prolix and must be redrafted. Although aware of the trite principle that appeals are taken from orders and not reasons, the appellants nevertheless advance the appeal to address various statements made by the judge regarding the propriety of various of their pleadings. In particular, the appellants take issue with the judge’s statements at paras. 52–58 of the reasons for judgment that certain claims “are improper in a civil action”, including claims seeking declarations relating to alleged criminal conduct and matters of science.

[9] The appellants point to para. 73 of the reasons for judgment where, after rejecting the defendants’ arguments that the entire action be dismissed as “an abuse of process or clearly frivolous and vexatious”, the judge held that “if the next iteration of [the notice of civil claim] contains the same, or similar, problems, then the defendants’ arguments on these issues will be strengthened.” The appellants contend that, in making these statements, the judge exceeded his jurisdiction and has effectively hamstrung them from advancing what they consider to be justiciable claims.

[10] I agree entirely with the respondents that the appellants have not identified a reviewable error. The passages at issue are clearly obiter. As I read the judge’s reasons, he transparently and helpfully identified a number of areas of concern within the notice of civil claim. He did not make binding determinations. In the absence of a proper pleading, how could he?

[11] It is up to the appellants to redraft their notice of civil claim within the well-known boundaries of proper pleadings established by the Rules and authorities. If they choose to pursue claims the judge identified as problematic and are faced with an application to strike or dismiss, they will have to satisfy the front-line decision-maker that they have pleaded justiciable claims. If they do not, they have had fair warning of the possible consequences.

[12] The appellants also appeal the judge’s costs order. They submit that success was divided in the sense that the judge declined to dismiss their claim. They also submit that costs are often not awarded in cases like this, which they assert to be a form of public interest litigation. In the alternative, they submit that costs should be awarded in the cause.

[13] Respectfully, the appellants have not identified a reviewable error in the judge’s handling of costs. Rather, they ask this Court to substitute its discretion for that of the chambers judge. This we cannot and will not do.

[14] For all of these reasons, I would dismiss the appeal.

This critique was published on the Canuck Law website on August 31, 2021. It outlined some of the ways that the Notice of Civil Claim failed to meet the basics of Civil Procedure in British Columbia.

Vaccine Choice was similarly criticized for their filing.

A week later, Gaw and Kuntz instigated a $7 million defamation lawsuit. They dispatched their “thug” to attempt to destroy this website. And for what? For truthfully pointing out that various anti-lockdown cases — including Vaccine Choice — weren’t properly written? For accurately predicting that none of these cases would ever get to Trial? For calling it all a waste of time and money? For suggesting that these shoddy cases can’t just be the result of sloppiness?

What has happened since then?

(1) The B.C. Supreme Court ruled that it was “bad beyond argument”, and drafted so poorly that it was impossible to respond to. Although leave (permission) was granted to amend, the Claim was never accepted as valid.

(2) The Law Society of B.C. put it in their training manual for new lawyers. This case is now a teaching exercise of “wholly inadequate pleadings”, and how to avoid them. See page 15. That’s right, the LSBC is using it to train new lawyers on how not to draft lawsuits.

(3) Now, the B.C. Court of Appeal ruled that the original Claim wasn’t drafted in accordance with the Rules of Civil Procedure. It was too long, confusing, and difficult to follow. They didn’t address the litany of other errors contained within.

Let’s not forget that both Vaccine Choice cases, from 2019 and 2020, have been allowed to sit idly for years. There’s no urgency whatsoever to advance either case.

Despite the Appeal being dismissed, it’s still being promoted as a “win”. Not surprising, considering the August 2022 striking of the Claim was also said to be a “win”. These people are delusional.

And for people who are so touchy about defamation, it seems that the new response is to refer to critics as “paid agitators”. See the February 7th and 21st Rumble videos. During the Zoom version on the 7th, moderators were apparently deleting comments from people asking questions about the cases.

Supposedly, an amended NOCC is ready to be filed for Action4Canada. The obvious question is why that wasn’t done back in 2022. Additionally, why was the original so poorly drafted? And if there really are all these Affidavits of evidence, why mess around for years with shoddy pleadings?

The Court of Appeal has found that the original NOCC wasn’t properly written, and that it has been a waste of time and money. Moreover, wasting judicial resources like this prevents litigants with valid claims from getting their day in Court.

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

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

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

ACTION4CANADA FINANCIAL DOCS:
(A) A4C Docs Profits And Losses 2021-2022
(B) A4C Docs Balance Sheet 2021-2022
(C) A4C-Docs-General-Ledger-2021-2022

Failed “Intimidation Lawsuit” Results In $132,268 Cost Award

December 11th, 2023, Justice Chalmers of the Ontario Superior Court threw out a $1.1 million defamation lawsuit brought against the anti-lockdown group, CSASPP. On February 3rd, he ordered $132,268.17 in costs to be paid within 30 days.

The lawsuit was filed June 28th, 2022 by “Mr. Bad Beyond Argument”, also known as the “King of the Struck Lawsuit”. For more on the CSASPP dismissal, background information is available here.

Justice Chalmers did more than just rule that this was done to stifle debate. He also said that this suit was brought to derail a Law Society complaint filed by Ms. Donna Toews, and to intimidate others from making complaints in the future. In short, this was a deliberate effort to sabotage the internal process of the LSO itself.

From the ruling of Justice Chalmers, dismissing the case

[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.

Suing someone to avoid a Law Society Complaint is grounds for disbarment. David Grant Isaac had his licence revoked in November 2022 over exactly this misconduct. But it’s not the only case here.

Multiple lawsuits filed in order to bury Toews complaint

It’s an oversimplification to just say that this is a defamation case. Ms. Toews apparently had the potential to do some real damage by contacting the LSO. It lead to 3 suits, so far. Who knows if more will be brought later?

Galati v. CSASPP et al.
Filed: June 28th, 2022
Case No.: CV-22-00683322-0000

Galati v. Law Society of Ontario et al.
Filed: July 12th, 2022
Case No.: CV-22-00683933-0000

Galati v. Law Society of Ontario et al.
Filed: July 31st, 2023
Case No.: CV-23-00703697-0000

Not only was Ms. Toews sued in order to subvert her LSO complaint, but the Law Society itself was sued itself, twice. And for what?

Taking her story at face value, she donated $1,000 to each of Action4Canada, and to Vaccine Choice Canada. Presumably, she wanted her money back, since neither was advancing an anti-lockdown case in any meaningful way. The value of her donations amounted to a mere $2,000. And it resulted in 3 overlapping lawsuits.

3 lawsuits were filed in order to bury the Toews complaint, over $2,000. Other than in Small Claims, who files a case over that amount? Who files 3 Claims over the same issue? One really has to wonder what people were afraid the LSO would have found during their investigation. What was really going on?

From Justice Chalmers regarding the costs

[7] The Defendants argue that there is no reason to depart from the presumption that the successful party is entitled to their full indemnity costs. The Defendants claim costs in the amount of $159,920.97 inclusive of counsel fee, disbursements, and H.S.T. They argue that the proceeding was complex. The evidence before the court consisted of more than 3,000 pages. The Plaintiff sued four Defendants and cross-examined the deponents of all affidavits tendered on the motion. The transcripts were over 500 pages. The Plaintiff also filed the affidavits of Lee Turner and Alicia Johnson that were subject to a preliminary objection by the Defendants. I found that the affidavits were irrelevant and inadmissible.

[14] I am not satisfied that the Plaintiff’s offer provides a basis for not awarding costs on a full indemnity basis. The offer requires the Defendants to retract and apologize for their comments made about the Plaintiff. In my reasons, I found that the Defendants’ speech was an expression in the public interest. I also found that the defences of justification and fair comment applied. Acceptance of the offer would have satisfied the Plaintiff’s objective in bringing this action, namely, to silence the Defendants from making an expression in the public interest. It is my view that the Defendants were justified in not accepting the Plaintiff’s offer.

[15] The Defendants were required to incur the costs of the motion to strike the action that I found was brought for an improper purpose. I am of the view that there is no reason to depart from the presumption that the moving party is entitled to its costs on the motion and the proceeding on a full indemnity basis.

[16] Although s. 137.1(7) provides that the presumption is that the successful moving party’s costs will be awarded on a full indemnity basis, the court must consider the fairness and reasonableness of the award having regard to the r. 57.01 factors.

[17] Here, the Plaintiff brought an action in which he seeks damages totalling $1,000,000. The s. 137.1 motion was complex and involved a significant number of documents. There had been cross examinations of 7 witnesses. There were over 3000 pages of documents on the motion, including 500 pages of transcripts. The issues involved expressions in the public interest and in particular comments with respect to the counsel retained to conduct public interest litigation. I am satisfied that the issues were of importance.

The case was a typical SLAPP, or strategic lawsuit against public participation. It was lawfare from the Plaintiff, using the legal system as a weapon in order to silence his critics. The case was unnecessary, and involved a huge amount of time and expense to deal with it.

Also, Justice Chalmers was not impressed by the “Settlement Offer”. He stated that it would have achieved the Plaintiff’s goal of forcibly silencing his critics.

Then there is this little gem:

[20] I find that the time spent by the Defendants’ lawyers was excessive. The total hours for the preparation of the motion record, including the review of the file and drafting affidavits was 45.8 hours for Mr. Gleason and 92.4 hours for Ms. Rauff. For the preparation of the reply record and preparing for and attending on the cross-examinations, and drafting the factum was 83 hours for Mr. Gleason and 121.3 for Ms. Rauff. From a review of the Costs Outline, it appears that there was an overlap of the work performed by Ms. Rauff and Mr. Gleason. Both docketed for each item of work. There does not appear to have been an efficient division of responsibility.

[22] It is my view that an appropriate counsel fee for the motions is $112,500. This is a reduction of approximately 25% of the Defendants’ lawyer’s actual counsel fee. With H.S.T. in the amount of $14,625 and disbursements of $5,143.17, the total costs are $132,268.17.

Gleason and Rauff may have been overbilling, but at least they won their case on the merits. The same cannot be said for the Nadon reference case. Gonzo logic!

As reported in the National Post, an Appeal of the CSASPP dismissal is already in the works. Appealing a SLAPP decision (unsuccessfully) is presumably on a full indemnity (100% of costs) basis. Can we expect another $50,000+ ruling to come as a result of this?

Who really funded these intimidation suits?

Now, we get to the interesting questions: who really financed the lawsuit against CSASPP? Who funded both of the suits against the Law Society?

Consider the following timeline:

October 11th, 2023: Justice Dow strikes the Claim against the Law Society (the first one), on the grounds that it doesn’t disclose a Cause of Action. He does permit a rewrite, which doesn’t appear to have happened. He also ordered $14,600 in costs to be paid to the LSO for legal costs.

December 11th, 2023: Justice Chalmers dismisses the Toews/CSASPP suit under Ontario’s anti-SLAPP laws, ruling that it was brought for improper purposes, and as an act of intimidation.

January 18th, 2024: CSASPP publishes the decision, and a lengthy commentary piece.

February 3rd, 2024: Justice Chalmers issues his ruling ordering that $132,000 be paid as a result of this failed lawsuit. While a reduction from the $160,000 sought, this is still a large sum of money.

February 4th, 2024: Action4Canada updates its website to announce that they will be doing an “expose” on the so-called agitators within the Freedom Movement.

February 7th, 2024: Kuntz and Gaw have their stream on Zoom, where they claim to be exposing a coordinated “military style” campaign to destroy their lawyer. There are complaints from observers on Zoom that comments are being deleted. The stream itself is a hit piece designed to deflect from the true nature of the criticism.

The Action4Canada, Vaccine Choice, Adelberg (Federal), and Take Action Canada cases were critiqued in detail. At no point is it stated or implied that it’s not worthwhile fighting martial law measures. Instead, the quality of the documents themselves is looked at. They clearly fail to follow the basics of procedure.

Just because someone is skeptical of long delays, and poorly drafted pleadings, it doesn’t mean they’re anti-freedom. It means they’re anti-grifter. There is a difference.

Are Action4Canada and Vaccine Choice Canada funding intimidation lawsuits, such as the one with CSASPP? Although they explicitly deny it, they do lament the drop in donations since 2021.

Interestingly, it’s stated that “he had to act in order to avoid getting disbarred”. Presumably, this refers to the LSO complaint from Ms. Toews. Suing her either for retaliation, or to subvert an investigation, is grounds for revoking a law licence. So, what exactly was so bad? Was there a fear that the LSO would force an audit of the books?

Who’s paying for the $14,600 over the struck suit against the LSO?
Who’s paying for the $132,268 over the dismissed SLAPP against CSASPP?
Who’s paying for the Appeal lodged against CSASPP and the Chalmers rulings?
Who’s paying for when the the second LSO suit is struck?
Who’s paying for the intimidation suit filed against Canuck Law?

Donors to Action4Canada and Vaccine Choice — if there are any left — really need to be asking these questions. Since neither organization is diligently pursuing a case against the Government, are funds being used to silence critics?

The anti-lockdown cases are considered “public interest litigation”. As the name implies, it’s society as a whole, not just private parties, who are impacted. Why the reluctance to be transparent?

A closing thought: if A4C/VCC money was used to sabotage the Toews LSO complaint and/or to silence legitimate inquiry, does it make them accomplices? Are donors now (unknowingly) complicit in illegal activity? Just something to think about.

CSASPP/RG DOCUMENTS (June 2022)
(a) CSASPP RG Statement Of Claim
(b) CSASPP RG Moving Party Motion Record Volume 1
(c) CSASPP RG Moving Party Motion Record Volume 2
(d) CSASPP RG Moving Party Motion Record Volume 3
(e) CSASPP RG Responding Motion Record Volume 1
(f) CSASPP RG Responding Motion Record Volume 2
(g) CSASPP RG Responding Motion Record Volume 3
(h) CSASPP RG Moving Party Supplemental Motion Record
(i) CSASPP RG Moving Party Record Motion To Strike
(j) CSASPP RG Plaintiffs Responding Record Motion To Strike
(k) CSASPP RG Moving Party Factum (Arguments)
(l) CSASPP RG Responding Plaintiff Factum
(m) CSASPP RG Moving Parties Reply Factum
(n) CSASPP RG Reasons For Judgement
(o) CanLII Posting Of Decision Dismissing Claim
(p) CanLII Posting Of $132,000 Cost Award

1ST LAW SOCIETY OF ONTARIO CLAIM (July 2022)
(a) Law Society Of Ontario Statement Of Claim
(b) Law Society Of Ontario Intent To Defend
(c) Law Society Of Ontario Amended Statement Of Claim
(d) Law Society Of Ontario Requisition For Amended Claim
(e) Law Society Of Ontario Motion Record, To Strike
(f) Law Society Of Ontario Moving Party Factum To Strike
(g) Law Society Of Ontario Plaintiff Responding Factum
(h) CanLII Version Of Cost Ruling For Striking Claim

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

Action4Canada Appeal: Dude, Why Are You Even Here?

February 14th, 2024, Action4Canada finally had their day at the British Columbia Court of Appeal. While there was a large attendance in Vancouver, observers could also attend via Zoom.

It never made sense to file here. This Appeal was to challenge the ruling of Justice Ross to strike the 391 page Notice of Civil Claim (NOCC) in its entirety, but with leave to amend. In other words, the Plaintiffs were allowed to refile, they just had to follow the Rules of Civil Procedure. They weren’t shut off from seeking remedies in the Courts.

Why appeal, when the NOCC could have simply have been rewritten?

STATUS: As of now, the decision is under reserve (deferred until later). The parties agree that the NOCC should have been rewritten. Consequently, the main issue left to determine is whether costs should have been awarded, and if so, should they have been done at the end. The whole Appeal turned out to be a giant nothing-burger.

The Action4Canada case, and its legal representation, can best be described as embarrassing. It’s a clown show that never ends.

As bad as the May 2022 hearing at the B.C. Supreme Court was, the one at the Court of Appeal was even worse. The Justices actually stated that they didn’t understand what was being appealed. They couldn’t figure out why they were there, and asked for clarification. That’s something that no lawyer ever wants to hear about their case.

Since it was agreed that the Claim was “prolix”, or too long and confusing, the logical step would have been to file a new one. Instead, the Court of Appeal Justices appeared baffled at why an Appeal was lodged.

It also seemed that the Plaintiff’s lawyer didn’t understand the difference between a Court making a ruling on something, as opposed to commenting, or making “obiter remarks”. Pretty sad that after 35 years, a person doesn’t know how to read and interpret a Court decision.

The Appellants’ lawyer needed to have it explained to him that Justice Ross gave feedback so that an amended NOCC would be more compliant with the Rules. The panel stated that it was typical for litigants to get a chance to fix their case, so that it would be heard on the merits. This was quite painful to watch. Once again, after 35 years, lawyers should know what they’re doing.

Yes, Justice Ross gave plenty of background information about how he came to his conclusion. He outlined many several problems, but never ruled on any of them.

Action4Canada case was a train wreck from the beginning

First, it took nearly a year to file a NOCC in the first place, in August 2021. Action4Canada had been fundraising since the Summer of 2020 — if not sooner — but never produced anything. When the document is finally revealed, it’s a convoluted mess with no prospect of getting to Trial.

Second, in September 2021, Action4Canada instigates a defamation lawsuit against this site for criticizing the obvious and glaring flaws with the NOCC. Yes, other cases had been picked apart as well, but this appears to have been the final straw.

Third, a year later, the NOCC was struck as “bad beyond argument” for not even following the basics of Civil Procedure. Although Justice Ross only struck the NOCC as “prolix”, he outlined an almost endless amount of errors and defects contained within. The Canuck Law criticisms of the NOCC have aged very well.

Fourth, instead of swiftly filing a amended version, it was appealed in September 2022. A coherent explanation of why that happened has never been offered. Again, the NOCC could have simply been rewritten. Nor is it explicitly stated that remedies Justice Ross (apprently) improperly disallowed.

Fifth, the Law Society of British Columbia included this case in its February 2023 version of the Professional Legal Training Course for new lawyers. See page 15. It’s now to be used as an example of how not to draft pleadings. The LSBC refers to the case as “an example of a wholly inadequate pleading”. As such, the case is now the laughing stock of the legal profession in B.C.

Sixth, Action4Canada attempts to delay and defer the Appeal indefinitely. It’s only after getting called out on that is a hearing date booked.

What Justice Ross actually ordered in the August 2022 ruling

The decision from Justice Ross was very lengthy, but the order itself wasn’t.

[74] In summary:
a) I find that the NOCC, in its current form, is prolix and must be struck in its entirety;
b) I grant the plaintiffs liberty to amend the NOCC; and
c) This action is stayed pending the filing of a fresh pleading.

[75] On the issue of costs, I note that each plaintiff is pursuing this action seeking money damages from one or more defendant. In responding to those claims each defendant has been put to the expense of answering (if not filing a response) to the NOCC. In addition, the defendants have all been required to prepare for and conduct this application. None of those steps would have been necessary if the matter was properly pleaded.

[76] On that basis, I find it appropriate to award each defendant the costs for the necessary steps of “defending a proceeding”, and for preparing for and attending an application (opposed). Those costs are payable forthwith in any event of the cause.

  • The Claim is prolix (too long), confusing and incomprehensible
  • The Claim is struck, but with permission to amend (refile)
  • The case is stayed (on hold) until a new filing is sent
  • The Defendants are awarded costs for their success

Yes, Justice Ross outlined a litany of defects that the NOCC would likely have, but he made no actual determinations on any of them. He only ordered that it must be struck for being prolix.

All sides agree that original NOCC is prolix

The hearing started off with the Appellant (Plaintiff) lawyer stating that he agreed the case was prolix, and that filing an amended version was fine. That should have been the end of it, which is why the decision to appeal never made any sense.

Appeal is based on things Justice Ross didn’t rule on

Not only did Justice Ross not rule on those things, but it appears to misrepresent what he actually said. He never stated that scientific evidence couldn’t be introduced in a Court. He did however, state that determining the scientific consensus was an improper claim. See paragraph 52 (b) and (f).

Paragraph 52 also listed other things that aren’t permitted in a Civil Court, such as making finding on criminal allegations, international criminal law, the Nuremberg Code, or the Helsinki Declaration. Although Ross mentioned these things, he didn’t explicitly rule on them.

Cost awards are typically discretionary

The other part of the Appeal was that Justice Ross shouldn’t have granted the Defendants costs because success had been “divided”. Supposedly, since leave to amend was granted, it was a partial win for the Plaintiffs. By this logic, there shouldn’t have been any. Or at least, costs should have been reserved until the end.

Considering that cost awards are typically at the Judge’s discretion, it’s unclear what the error was. Successful parties typically get some sort of costs. Whether this award comes immediately, or at the end of the proceedings is again, up to the Judge.

For reference, the Plaintiffs ended up paying out approximately $13,000 total for the Applications to Strike. It could easily have been a lot worse.

What’s the point of appealing a $13,000 cost award, considering everything else that’s at stake? This is small potatoes in the big picture. Again, embarrassing is the best way to describe this.

What exactly was the point of appealing?

The Plaintiffs could have easily filed an amended NOCC, and gone ahead with the case. Justice Ross specifically granted permission to do this. It’s not like the case was struck without leave.

The only finding Justice Ross made was that the case was prolix. Yes, there were many problems outlined, but he never made any determinations on them. All sides agreed it was prolix, and even the Plaintiffs agreed a new NOCC should be filed?

Cost awards are typically discretionary, and no error of law has been pointed out. What then is the issue with this? It was only $13,000.

The hearing ended rather abruptly. All sides agreed that the original NOCC was prolix, and needed to be rewritten. It was further agreed that all of the comments about the quality of the pleading, including the types of relief sought, weren’t adjudicated back in August 2022.

The only live issue was over costs. With that, the panel adjourned, with the promise to get a written decision back quickly.

We’ll have to see how well this piece ages.

Both Action4Canada and Vaccine Choice Canada have been fundraising for nearly 4 years. In the meantime, neither of them have filed a coherent Claim, despite the urgency of the issues. It’s beyond obvious that none of these cases will ever get to Trial.

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

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

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

ACTION4CANADA FINANCIAL DOCS:
(A) A4C Docs Profits And Losses 2021-2022
(B) A4C Docs Balance Sheet 2021-2022
(C) A4C-Docs-General-Ledger-2021-2022

Egale Canada – Their Own Words And Documentation

Egale Canada is a registered charity. Consequently, it’s heavily subsidized to carry out it’s activities, something that may not go over well with everyone. Are public funds being wisely spent?

Below is the source material for the video.

CHARITY DESIGNATION WITH C.R.A., TAX INFO:
(1) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=egale+canada&q.stts=0007&selectedCharityBn=888561065RR0001&dsrdPg=1
(2) Egale 2006 Tax Information Redacted
(3) Egale 2007 Tax Information Redacted
(4) Egale 2008 Tax Information Redacted
(5) Egale 2009 Tax Information Redacted
(6) Egale 2010 Tax Information Redacted
(7) Egale 2011 Tax Information Redacted
(8) Egale 2012 Tax Information Redacted
(9) Egale 2013 Tax Information Redacted
(10) Egale 2014 Tax Information Redacted
(11) Egale 2015 Tax Information Redacted
(12) Egale 2016 Tax Information Redacted
(13) Egale 2017 Tax Information Redacted
(14) Egale 2018 Tax Information Redacted
(15) Egale 2019 Tax Information Redacted
(16) Egale 2020 Tax Information Redacted
(17) Egale 2021 Tax Information Redacted
(18) Egale 2022 Tax Information Redacted

PARLIAMENTARY TESTIMONY, BILL C-22: (Raising Age Of Consent From 14 To 16)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=1736719
(2) https://www.ourcommons.ca/committees/en/WitnessMeetings?witnessId=107655
(3) https://www.ourcommons.ca/DocumentViewer/en/39-1/JUST/meeting-57/evidence
(4) https://www.ourcommons.ca/Content/Committee/391/JUST/Evidence/EV2805304/JUSTEV57-E.PDF
(5) Egale Canada Opposes Raising Age Of Consent

PARLIAMENTARY TESTIMONY, BILL C-75: (Reduced Penalties For Child Sex Crimes)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10210275
(2) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-108/evidence
(3) https://www.parl.ca/DocumentViewer/en/42-1/bill/C-75/royal-assent
(4) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20180925/-1/30041?Language=English&Stream=Video
(5) Egale Canada Human Rights Trust Bill C-75

PARLIAMENTARY TESTIMONY, BILL C-6: (Conversion Therapy)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10980515
(2) https://egale.ca/newsletter-open-letter-c6/
(3) https://egale.ca/awareness/open-letter-bill-c6/?eType=EmailBlastContent&eId=cb124b36-46bf-4cab-b648-a3c75f571873

HIV NON-DISCLOSURE: (Hiding Positive Status From Partners)
(1) https://www.ourcommons.ca/Content/Committee/421/JUST/Brief/BR10044994/br-external/EgaleCanadaHumanRightsTrust-e.pdf
(2) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10485413
(3) https://www.ourcommons.ca/committees/en/WitnessMeetings?witnessId=248803
(4) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-149/evidence
(5) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/report-28/
(6) https://www.justice.gc.ca/eng/cons/hiv-vih/nd.html
(7) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/report-28/page-24

ONLINE HATE: (Censorship)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10543157
(2) https://www.ourcommons.ca/Content/Committee/421/JUST/Reports/RP10581008/justrp29/justrp29-e.pdf
(3) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-150/evidence#Int-10636774
(4) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2?fk=10625547

FEDERAL GRANTS TO EGALE:
(1) https://search.open.canada.ca/grants/record/esdc-edsc,141-2022-2023-Q2-28463,current
(2) https://search.open.canada.ca/grants/record/ic,230-2021-2022-Q4-021,current
(3) https://search.open.canada.ca/grants/record/hc-sc,271-2021-2022-Q4-00122,current
(4) https://search.open.canada.ca/grants/record/esdc-edsc,141-2023-2024-Q2-10753,current
(5) https://search.open.canada.ca/grants/record/pch,016-2022-2023-Q1-1347716,current
(6) https://search.open.canada.ca/grants/record/phac-aspc,1480-2022-2023-Qrt3-0000074,current
(7) https://search.open.canada.ca/grants/record/phac-aspc,1480-2022-2023-Qrt4-0000451,current
(8) https://search.open.canada.ca/grants/record/wage,001-2022-2023-Q4-00035,current
(9) https://search.open.canada.ca/grants/record/wage,001-2023-2024-Q3-00038,current

INTERFERING WITH LEGAL PROCEEDINGS:
(1) https://egale.ca/awareness/supreme-court-of-canada-decision-affirms-trans-rights-protective-counter-speech/

PARTNERS:
(1) https://egale.ca/our-partners/

POLICIES:
(1) https://egale.ca/wp-content/uploads/2022/10/Discriminatory-and-Unworkable-FINAs-Policy-1.pdf
(2) https://egale.ca/egale-in-action/msm-blood-ban/

RACHEL GILMORE TWEET:
(1) https://twitter.com/atRachelGilmore/status/1737207763640402361