Category: Subversion

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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)
(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

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

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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

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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

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Vaccine Choice Canada’s Motion To Strike Pushed Back Until May 2025

Tuesday, January 30, 2024, Vaccine Choice Canada was in Court for what should have been a hearing on a Motion to Strike (or throw out) their July 6, 2020 lawsuit. The hearing did briefly take place, but had to be adjourned right away.

Due to a conflict of interest, Justice Dow had to recuse himself. It turns out that he had practiced law with one of the Defendants, Christine Elliott, and he knew her personally. He said that he considered her a friend. For obvious reasons, it wouldn’t be viewed as impartial if he were to hear the Motion.

As an aside, Justice Dow struck the 2022 suit against the LSO, for failing to state a cause of action, and failure to properly plead facts or particulars. He did allow a rewrite though.

New dates have been scheduled for May 1st and 2nd of 2025 for VCC.

It doesn’t help that so many Defendants were sued, with different law firms getting involved. Nor does it help that the Respondent (Plaintiff) attorney insisted on having 2 days to hear this Motion. The sheer length and incoherence of the Statement of Claim adds to the troubles. All of this makes scheduling difficult to achieve.

The Defendants filed 5 separate Motions to Strike, on the grounds that the 191 page claim was prolix, argumentative, not properly pleaded, frivolous, vexatious, an abuse of process, sought countless remedies (even against non-parties), and was in general, impossible to respond to. They also borrowed the term “bad beyond argument”, which became infamous after the Action4Canada and Adelberg (Federal) rulings. As despicable as various Governments have been, their criticisms of the filings were spot on.

Why are we just hearing about it now? That’s because the case hasn’t gone anywhere in the 3 1/2 years since it was filed. No Application for Injunction for mask mandates was ever filed, despite promising to do so in September 2020. No Application was filed regarding “vaccine” mandates, despite their sweeping range in 2021. Donors to this case got nothing of value for their money.

Critiques from 2021 and 2022 seem to have aged very well.

Some immediate problems include:

Case could be struck or struck for lack of proper pleading

Rule 25.06 of Civil Procedure for Ontario lays out how Claims are supposed to be drafted. Pleadings have to lay out the facts alleged, they must have specifics (particulars), allegations in law have to be supported by facts, etc… Moreover, facts have to be made against each Defendant or Respondent.

Leave to amend could be denied for refusal to draft properly

Although the Responding Plaintiffs are asking for Leave (permission) to file an amended version, the written arguments deny that there are any problems with the current version. As outlined repeatedly, the Claim fails to comply with the fundamentals of Rule 25.06.

It’s not the role of the Court to repeatedly provide basic assistance to seasoned counsel. Justice Ross did so in Vancouver, but that shouldn’t be needed. Yes, self-represented lay litigants often get some help, but there is the assumption that licensed lawyers should be competent. Perhaps that is misplaced.

Case could be struck or dismissed for failure to prosecute

This case was filed on July 6, 2020, and sat idly until the first appearance on January 17, 2023. This is some 2 1/2 years later. And even that was just to set dates for a Motion to Strike. There’s no Trial in the foreseeable future. No depositions have taken place. Nothing has happened to advance the case in any way.

Just to clarify, Vaccine actually has 2 separate lawsuits filed with the Ontario Superior Court. There is a 2019 case that few people will remember since it’s dropped off the radar. Both could be thrown out for this reason.

Case could be struck or dismissed for mootness

The Defendants in this case are asking that it be thrown out for “mootness”, claiming that the orders in question have lapsed long ago, and are no longer relevant. Nearly every measure lapsed in 2022, and we are now into 2024. Of course, the lack of interest in advancing the suit connects directly.

Counsel for VCC faces disbarment over “intimidation lawsuit”

Back in December, Justice Chalmers threw out a defamation lawsuit under Ontario’s anti-SLAPP laws. He ruled that the suit was brought to derail a complaint filed with the Law Society of Ontario, LSO, and to intimidate members of the public from bringing similar complaints. This is completely illegal.

To be clear, there are 3 separate but related suits: the Toews/CSASPP one, as well as the 2022 and 2023 ones against the LSO.

For reference: David Grant Isaac was disbarred by the LSO in November 2022. He sued more than 1 individual who had commenced LSO complaints against him. It was commented that he refuses to respect the “governing rules” of the profession. The VCC/A4C lawyer not only did this, but sued the LSO itself, twice. Ted and Tanya should be advising donors that his career is (at best) uncertain. Then again, they participated in all of this.

And that leads to the next point…

Statute of Limitations has run out on making a new filing.

Even if Vaccine Choice were to hire a competent lawyer, who wrote a proper Statement of Claim — tomorrow — Section 4 of the Limitations Act only gives a 2 year window to file. Any new Claim would presumably be time barred. This applies regardless of the strengths and merits of a new suit. In practical terms, this “venture” has run out the clock on litigants’ ability to sue.

To clarify, Vaccine Choice Canada has 2 cases pending in the ONSC:

1. Vaccine Choice Canada’s 2019 Lawsuit Dormant

Back in October 2019, VCC filed a lawsuit against the Ontario Government challenging requirements to give injections to students. A response was filed, and the case garnered some attention.

But what these people don’t tell you is that the case has been idle for 4 years now. It hasn’t had a single Court appearance since then. There have been no hearings, evidence filed, or obvious attempts to move the case forward.

Ontario Court cases are typically dismissed for delay if they haven’t reached Trial within 5 years, if there isn’t a reasonable explanation. That will happen in October 2024, less than 9 months from now.

2. Vaccine Choice Canada’s 2020 Lawsuit To Get Thrown Out

This is the one which is being addressed in the article.

Before the January 30 session concluded, Justice Dow floated the idea that the Parties see if they can come to some agreement or settlement before 2025. Everyone agreed that they would try to.

However, it’s unclear what such a settlement would look like. The 191 page Claim obviously fails to meet even a basic level of professionalism. It’s incoherent and unintelligible. While getting struck is the most likely outcome, permission might be granted for a rewrite. But at this point, it seems unlikely.

The Vaccine Choice, Action4Canada, Adelberg, Take Action Canada, Police On Guard and CHDC cases are largely duplicates of each other. Action4Canada and Adelberg have already been struck as “bad beyond argument”. The POG and CHDC cases aren’t being pursued any longer.

It’s possible that a “settlement” could be reached where the VCC case is discontinued on a no-cost basis. That sort of thing does happen. Or, counsel could demand more money, and use a denial as an excuse to discontinue. It happened elsewhere. Also, the CBC was removed as a Defendant in this case when they threatened to bring an anti-SLAPP Motion.

In the meantime, expect more requests for donations.

But don’t expect any transparency. In his Affidavit for the CSASPP anti-SLAPP Motion, Kuntz makes it clear that he’s annoyed VCC was being questioned by donors and members about the anti-lockdown suit. Apparently, the plan is to do nothing for years, so that the “litigation strategy” isn’t publicly revealed. See paragraphs 20, 25, and Exhibit “C” on page 18. A cynic might view it as a scam.

Even if the VCC suit survives (mostly) intact in the Spring of 2025, what then? It will have been almost 5 years since it was filed, and still in the preliminary stages. Dismissal for unnecessary delay under Rule 24 is always a possibility.

VACCINE CHOICE CANADA DOCUMENTS (2019 CLAIM):
(1) VCC – Statement Of Claim, October 2019 Lawsuit
(2) VCC – Statement Of Defence, October 2019 Lawsuit
(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-20-00643451-0000

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

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Site Shut Down? Group Promoting Lawsuit Goes Silent After Exposure

On November 10, 2023, this site covered what appeared to be a grift. This was a website promoting a lawsuit for Federal employees, and Federally regulated workers who had been injured by the experimental injections. The reason for suspecting so was that it was a largely regurgitated version of a case struck as “bad beyond argument” in February 2023.

The previous iteration called for around 600 Plaintiffs who had been forced from their jobs instead of taking the shots. This one asked for another 600 who had taken the shots, but received injuries. On the surface, it looks to be more of the same.

But after Canuck Law published a story on this new lawsuit, the following happened:

This isn’t just a one-time thing. Having checked the site for several days now, it appears to have been disabled altogether. Different browsers were also used in attempting to connect, and all unsuccessfully. Not the expected behaviour of a legitimate group, is it?

A little digging was done to learn more about the site. Here’s some information that may be useful.

The website https://fre4justice.ca was created December 18, 2022, and started off with a 2 year hosting, according to WHOIS. The information is redacted, which is not uncommon. It would take a Court order to get the names, but that’s not really necessary here. The last time it was saved on the Wayback Machine was November 18, 2023.

It’s not clear when the site went offline, but it seems to have been sometime between November 18, 2023, and December 18, 2023. This is when WHOIS says the site was modified last.

And the plot thickens.

One detail not mentioned in the last article: the site was contact by email prior to it getting published. A response came fairly quickly. When asking for details, another response came, along with a copy of the last Federal lawsuit.

While this group would apparently not be able to help me, as they already had their fill of 600 Plaintiffs, I was referred to a few alternative lawyers. As an aside, please don’t contact them, as they may have no idea about any of this. But now….

However, after the article, another email was sent, and it came back as undeliverable. It appears that email has been disabled as well.

There was even a chat function built into the site, but not anymore.

Is this what sections of the Freedom Movement have been reduced to? Soliciting donations and retainers online, and then shutting down as soon as someone blows the whistle? While the whole thing seemed a bit shady at first, closing the website like this removed any and all doubts. Probably wise to get rid of evidence.

These people must really hate the Canuck website.

FROM THE WEBSITE
(A.1) https://fre4justice.ca/
(A.2) https://web.archive.org/web/20231111011348/https://fre4justice.ca/
(A.3) fre4justice Main Page

(B.1) https://fre4justice.ca/#section-1
(B.2) https://web.archive.org/web/20231111011348/https://fre4justice.ca/
(B.3) fre4justice About Us

(C.1) https://fre4justice.ca/#section-2
(C.2) https://web.archive.org/web/20231111011348/https://fre4justice.ca/
(C.3) fre4justice Expression Of Interest

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

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) Federal Vaccine Passport Challenge Retainer Agreement
(4) Federal Court Vaccine Mandate Challenge Motion To Strike
(5) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(6) Federal Court Vaccine Mandate Challenge Responding Motion Record
(7) Federal Court Of Canada Rules
(8) Federal Court Decision On Motion To Strike (Archive)
(9) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do
(10) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
(11) https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/page-9.html#h-1013947
(12) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405

PRECEDENTS CREATED
(1) https://www.canlii.org/en/ca/fct/doc/2023/2023fc280/2023fc280.html#par85
(2) https://www.canlii.org/en/ca/fct/doc/2023/2023fc929/2023fc929.html#par17
(3) https://www.canlii.org/en/bc/bcsc/doc/2023/2023bcsc1701/2023bcsc1701.html#par30

MONEY
(1) Letter to Federal Worker Plaintiffs
(2) Federal Workers Action Donation Link For PayPal
(3) Ontario First Responders Action Donation Link For PayPal
(4) School Action Donation Link For PayPal
(5) Police Officer Action Donation Link For PayPal
(6) https://www.web.archive.org/web/20220526170932/https://www.constitutionalrightscentre.ca/
(7) Federal Workers Retainer Agreement
(8) Ontario First Responders Retainer Agreement
(9) Donate To Public Citizens Inquiry
(10) Donations For Supposed B.C. Doctors Action

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Take Action Canada’s Case Conference Adjourned Indefinitely, Still No Activity

January 24, 2024, the Ontario First Responders suit (organized by Take Action Canada), briefly appeared in Court for a case conference. It had been expected that this was to set down dates to bring a Motion to Strike the pleading, since it didn’t follow the Rules of Civil Procedure, or for Summary Judgement.

The lawsuit was coordinated in the Fall of 2021, but nothing was actually filed until March 1, 2023. Here we are, almost another year later.

For context, this is a lawsuit involving about 100 current and former: (a) police officers; (b) medical personnel; (c) firefighters; (d) city workers; (e) transit workers; and (f) related employees. They objected to the new requirements to take the injections in order to stay employed. However, there were a few major obstacles to this going forward.

This is not to say that coercing or pressuring people to take experimental injections, for a non-existent virus, was a legitimate move. It certainly wasn’t. Realistically though, this case will have some serious problems.

First, most — if not all — of the Plaintiffs are either employed by some level of Government, or have some kind of union or collective agreement. This means they typically have the right to grieve, which can lead to arbitration. However, they don’t necessarily have the right to sue.

Second, the pleading was written so poorly that it would likely be struck in its entirety. There are specific rules (like 25.06 in Ontario), which lay out the requirements to plead facts and particulars. Simply making bare accusations without specifics isn’t enough.

If prospective Plaintiffs are required to grieve, there are a few limited ways they can get into Court.

(1) If the grievance process is corrupted or unworkable, then the Court may allow the person in anyway. However, the burden will be on them to show that they made every effort to go through proper channels. Keeping letters, emails, texts, etc… would be very handy to have as evidence.

(2) If the matter has already gone to to adjudication or arbitration, and was unfair, a person can sometimes come to Court and ask for a review. This is analogous to appealing a verdict.

However, it doesn’t appear from the pleading that any of the Plaintiffs attempted (1). And (2) wouldn’t apply since there was no internal adjudication.

To be fair, the Amended Statement of Claim does list some 35 workers who sought to get exemptions from the injection requirement. But it still doesn’t say that they tried the formal process to grieve.

The injection mandates happened in 2021, and we are now into 2024. The Plaintiffs presumably let their ability to grieve lapse a long time ago. And even if they were to hire new counsel now, they may be time barred by the Statute of Limitations from refiling in Court. To be blunt, they have no options now.

In the big picture, a lot has been going on, it’s important to remember that this isn’t the only lawsuit happening. Plenty of bogus claims are being filed, with clients oblivious to the realities.

Timeline of major events in this matter

July 6, 2020: Vaccine Choice Canada files an $11 million lawsuit against Federal, Provincial and Municipal authorities in Ontario. The suit is almost 200 pages, incoherent, unintelligible, and fails to meet the basic requirement of Ontario Civil Procedure. Rather than immediately bringing a Motion to Strike, the Parties are okay with letting it sit idly for years. Despite the media blitz, and promises of an emergency mask injunction, there’s no activity.

Summer, 2020: Action4Canada begins regular fundraising for a challenge out in B.C., but it would be approximately a year before anything was filed.

April 20, 2021: Organized by Police On Guard, group of police officers file a Notice of Application, requesting declaratory relief and clarification about what their jobs actually involved. To date, it hasn’t had a single Court appearance, and counsel and admitted that it’s “moot” and not being pursued.

April 20, 2021: Children’s Health Defense (Canada) files a Notice of Application, requesting declaratory relief and clarification about what their jobs actually involved. To date, it hasn’t had a single Court appearance, and counsel and admitted that it’s “moot” and not being pursued. Additionally, these 2 Applications are virtual clones of each other.

August 17, 2021: The Action4Canada lawsuit is finally filed in Vancouver. It terms of being incoherent and unintelligible, it outdoes the VCC case in every way. It’s almost 400 pages, and is almost completely irrelevant in terms of pleading for CIVIL remedies in British Columbia.

Fall 2021: Take Action Canada starts to organize a challenge for “Ontario First Responders” who are going to be impacted by injection mandates. These include police, firefighters, paramedics, and transit workers. Prospective clients are asked to pay $1,500 each, for work that is being sold as top rate. (See archives here and here).

Fall 2021: Take Action Canada puts out this hit piece, gloating over the fact that this site was sued for millions for critiquing these anti-lockdown cases. (See archive here). Keep in mind that despite this, TAC hasn’t actually filed their lawsuit, and they won’t for a very long time.

May 25, 2022: The Adelberg (Federal) suit is filed, challenging injection mandates for Federal employees, and workers in Federally regulated industries. Over 600 Plaintiffs are expected to pay a retainer fee of $1,000 each, making the initial amount over $600,000.

May 31, 2022: The Action4Canada Motion to Strike is heard, with the decision being reserved, or deferred.

June 28, 2022: Ted Kuntz contacts the Law Society of Ontario and tries to assure them that there’s no basis for the Toews complaint. See page 9. He defends the practice of “not revealing [VCC’s] litigation strategy to the general public”. In a backhanded way, he admits that Toews — and everyone else — have been kept in the dark about what’s been going on.

June 28, 2022: CSASPP is sued for $1.1 million. This is (partly) for criticising the lack of activity in the Action4Canada and Vaccine Choice Canada cases. But the real goal was to subvert and undermine the Toews complaint to the Law Society of Ontario, requesting an investigation of donations. Get the backstory here and here.

June 29, 2022: The Law Society is contacted to inform them of the lawsuit against Toews, CSASPP, and its leadership. This is done to further shut down the Toews complaint.

July 12, 2022: The Law Society of Ontario is sued. This is another effort to silence the Toews complaint, and make sure it’s not heard.

July 13, 2022: Before CSASPP and the LSO are even served, the idiotic decision is made to announce their respective cases on a VCC livestream. It takes a special kind of stupid to admit publicly that someone was sued for instigating a LSO complaint. For obvious reasons this isn’t allowed, as it would allow lawyers to bypass complaints, simply by suing whoever made them.

Keep in mind, suing someone in order to ward off a Law Society complaint is something that causes lawyers to get disbarred. There is precedence for this. Suing the LSO itself is even worse.

August 29, 2022: The Action4Canada case is struck in its entirety as “bad beyond argument”. Justice Ross states that it fails to meet any minimum standards of professionalism or coherence. That said, a rewrite of the Notice of Civil Claim is allowed.

September 28, 2022: Instead of filing a proper Claim, Action4Canada appeals the ruling instead. It centered around what types of remedies a Civil Court could pursue. Problem is, none of the necessary legislation exists to allow for such remedies

January 17, 2023: Vaccine Choice Canada finally has their first Court appearance, for their 191 page Claim filed July 6, 2020. That’s right, it sat idly for 2 1/2 years. That’s on top of the October 24, 2019 lawsuit, which hasn’t had a single appearance in over 4 years.

January 19, 2023: The Adelberg Motion to Strike is heard, with the decision reserved.

February 21, 2023: The Adelberg (Federal) case is struck as “bad beyond argument”.

February 24, 2023: Angry and disgruntled clients leak this letter, which demands another $1,000 each in order to appeal the Adelberg ruling. Despite the gross incompetence of counsel, clients are expected to pay more money.

Reminder: despite all of the obvious delays and shoddy work produced to this point, the suit from Take Action Canada hasn’t yet been filed.

March 1, 2023: The Statement of Claim is eventually filed in the FR/TAC case, nearly a year and a half after injection mandates came into effect in Ontario, and elsewhere. Aside from changing the names, it’s about 90% cut-and-paste from the Adelberg (Federal) case, which had just been thrown out. It also has many of the same defects as the Action4Canada case, also struck.

March 11, 2023: Sandra Sable (who helps run Take Action Canada), and Tanya Gaw (Action4Canada) swear out Affidavits against the CSASPP anti-SLAPP Motion. The content is interesting, to say the least. The timing is also curious, as it comes only days after the TAC suit is eventually filed. A cynic may wonder if it was done as leverage in order to get the Sable Affidavit out.

March 13, 2023: Ted Kuntz of Vaccine Choice Canada swears out an Affidavit against CSASPP as well. In it, Kuntz displays anger at having being forced to explain to donors what’s going on. Apparently, he preferred to keep them — and opposing counsel — in the dark about the details of their case.

July 18, 2023: An Amended Statement of Claim is filed in the FR/TAC case. Paragraphs 9A and 22A outline some 35 employees who apparently sought exemptions, but were denied. These changes appear to be an attempt to fix some of the defects that were present in the Adelberg case.

July 31, 2023: The Law Society of Ontario is sued for a second time, while the Toews/CSASPP and other LSO complaints are still pending. While VCC/A4C/TAC and others are assuring clients and donors that their cases are being advanced, counsel is ensuring he’s forced out of the profession.

August 16, 2023: The City of Hamilton files a Notice of Intent to Defend against the FR/TAC suit. This is not the same as filing a Statement of Defence, just an indication that they will at some point.

November 24, 2023: This letter is sent to the Plaintiffs in the FR/TAC case. Presumably, they weren’t happy, and it was soon leaked. This is a demand letter for another $4,500 (per Plaintiff), otherwise, the suit may be discontinued. Considering the number of Plaintiffs, this would be close to another half million. The deadline was given as January 24, 2024. Their lawyer had already received about $150,000 from clients, and had done nothing to advance their interests.

While there were questions about the letter — as it was unsigned — the hearing did happen (sort of) on that date.

January 24, 2024: The FR/TAC suit has their first case conference, which is adjourned. There’s still be no meaningful activity, up to this point. No evidence has been sworn, no Motions or Applications filed, no witnesses called, or other hearings. As with the above cases, there’s no urgency whatsoever to bring this case forward. According to the November 2023 letter, it was to set dates for a Summary Judgement Motion.

January 30, 2024: Vaccine Choice Canada will finally have their Motion to Strike heard, after the case had been dormant for about 3 1/2 years. It’s to be held over 2 days.

This timeline matters, as there was an abundance of information available prior to Take Action Canada filing anything. It doesn’t seem that any consideration was given.

Now, let’s hear from Sandra and Ted themselves!

From the Affidavit of Sandra Sable

In her Affidavit (from the CSASPP case) Sable blames the organization, its leadership, and this website for the comments criticising the other anti-lockdown cases. She specifically states that it caused many prospective clients to either withhold funds, or to demand refunds. In short, these reviews (allegedly) threatened the financial viability of the Ontario First Responders lawsuit.

There is another way to look at this. Sable knew ahead of time that the sort of lawsuits being filed didn’t follow the basics of Civil Procedure. She also knew that they were needlessly delayed, preventing real justice. The truth was staring her in the face, yet she pushed on, soliciting for more clients.

There’s no mention of why none of the 100 or so Plaintiffs never went through the formal grievance process before attempting to litigate. At least, it’s not spelled out if they did. This is very basic employment law.

In regard to Take Action Canada, there’s no explanation offered as to why it took almost 18 months to file a Statement of Claim. It wasn’t some novel pleading, but a rehash of old ones. Beyond that, this case was a rehash of content thrown out, and more than once.

Instead of doing due diligence, Sable lashed out this site, and at CSASPP.

She bragged in 2021 about this site being sued for defamation, and sarcastically says “Good luck, Canuck Law”. Well, thanks Sandy! Good luck when you get sued for fraud, or at least negligence.

From the Affidavit of Ted Kuntz

Ted Kuntz from Vaccine Choice Canada swore an Affidavit in the CSASPP case, and an almost identical one here. And it also is very interesting.

At paragraph 20, he laments the CSASPP/Canuck postings which caused VCC members to demand answers. Although he doesn’t specify, the comments truthfully stated that there had been no meaningful activity since the July 6, 2020 filing. Understandably, clients and donors wanted answers.

Instead, Kuntz comes up with the excuse that VCC didn’t want to expose their litigation strategy, nor reveal solicitor-client information. However, the privileged information is a red-herring, as no one was demanding the release of confidential data. But there were legitimate concerns about the total inactivity, and shoddy pleading of the Claim overall. Clients and donors had real questions.

The defence of “not wanting to reveal the litigation strategy” is absurd. Anyone who has ever been involved in litigation knows you have to show your cards well in advance. The cloak-and-dagger approach isn’t received too well. Springing last minute surprises on opposing counsel is referred to as “sandbagging”, a practice Judges almost universally reject.

At paragraph 25, Kuntz indignantly rejects the idea the VCC is just another “fundraising arm”. He states that it is just a group who hired a lawyer to pursue a case.

However, this is directly contradicted by Exhibit “C”, on page 18.

Exhibit “C”, page 20, Kuntz references a newsletter which stated that VCC was involved with coordinating litigation before the CPSO, or College of Physicians and Surgeons of Ontario. It implies that VCC has helped to finance these cases as well.

For reference, none of the CPSO challenges ever went anywhere. Attempts to remove from internal investigations, and get them into Court, always failed for “prematurity”. This isn’t to condone the CPSO’s heavy handed approach, but they were doomed from the start. Similar to suing union or Government employers, it would be necessary to demonstrate that internal methods were corrupt or inadequate. That didn’t happen.

Exhibit “C”, page 20, Kuntz states that “in concert with the overall plan, other legal actions” had been filed. Page 21, item 4, it’s specifically listed that doctors who have been maligned on social media have also filed suit. This presumably refers to Kulvinder Gill’s December 2020 and March 2021 defamation lawsuits.

Gill and Ashinder Lamba are suing former counsel in a Brampton Court, but it’s a very small amount, less than $6,000. This is probably what they had to pay out of pocket personally. It seems unlikely their joint case was performed on contingency, since it was so weak. There was no prospect of winning. This raises the question of who paid the rest of the bills. And there are a few obvious suspects.

Their $12.75 million case from 2020 was thrown out as a SLAPP, and in October 2022, a cost award of $1.1 million came down. So, who really orchestrated this?

For someone who objects to the term “fundraising arm”, it’s odd that Kuntz is so willing to get involved in other litigation. It’s also implied that Kuntz and VCC arranged (and financed) Kulvinder Gill’s abusive SLAPPs. These were filed in order to silence critics on social media. Perhaps this is the real reason that there was great reluctance to reveal any litigation strategy.

Looking at Exhibit “A”, it also appears that Kuntz contacted the LSO on June 28, 2022 regarding the Toews complaint. It looks like an attempt to undermine it, and consequently, stop the LSO from investigating donations or financing.

Champerty and maintenance aren’t allowed, and for good reason.

Some final thoughts

It should be mentioned that this isn’t to blindly go after everyone associated with these organizations. Surely, there are many good people who just wanted their livelihoods back. And who can blame them?

And there is a natural urge to want to fight back, which is what drives people to go into Court in the first place. This is perfectly understandable.

Nonetheless, the reality cannot be ignored.

Take away all of the smoke and mirrors. What’s left?

The Ontario First Responders case is just another in the long list of frivolous “anti-lockdown” cases designed to go nowhere. This isn’t just sloppiness, as no lawyer could possibly be this bad, especially after being smacked down repeatedly in Court. If there ever is a Motion to Strike here, expect another “bad beyond argument” ruling. Objectively speaking, none of these will ever get to Trial.

There isn’t even a follow-up date booked for the First Responders/Take Action Canada case to return. Again, injection mandates were in 2021.

How much money has been raised, and through whom?

Was donor money used to finance the CSASPP/Canuck defamation suits?

Instead of getting angry at sites like this one, it should be directed at those who funnel other people’s time, money and energy into such dead end ventures.

(1) https://takeactioncanada.ca/
(2) https://twitter.com/Takeactioncan
(3) Ontario EMS Statement Of Claim
(4) Ontario EMS Amended Statement Of Claim
(5) Ontario EMS Requisition To Amend
(6) Ontario EMS Notice Of Intent To Defend
(7) Ontario EMS Demand For More Money