Subversion Archives - Page 4 of 20

April 7, 2024April 7, 2024

Illegal Crossings Into Canada For 2023: Quebec Way Down, B.C. Rising

In the first few months of 2023, there were over 4,000 people crossing into Canada illegally. But after changes were announced to apply the Safe Third Country Agreement to the entire Canada/U.S. border, it dropped to an average of about 100.

This of course confirms what many had said all along: the Government could have stopped people from entering illegally at any time if it wanted to. However, politicians simply pretended to be helpless to stop this from happening.

Since January 2017, there have been almost 113,000 illegal crossings into Canada from the U.S. The top 5 source countries have been:

(a) Haiti
(b) Nigeria
(c) Columbia
(d) Turkey
(e) Pakistan

Of course, there is a major disclaimer. This data only are what’s being reported, and doesn’t include anyone who’s slipped across the border unnoticed. The numbers could always be — and likely is — much higher than this.

PROVINCE/TERRITORY	2011	2012	2013	2014	2015	2016
Newfoundland	0	0	0	0	0	0
Prince Edward Island	0	0	0	0	0	0
Nova Scotia	0	0	0	0	0	0
New Brunswick	10	5	5	?	?	25
Quebec	1,335	1,295	785	875	1,035	2,595
Ontario	2,660	2,340	1,995	2,630	2,790	3,7935
Manitoba	20	15	25	10	225	505
Saskatchewan	?	?	?	?	?	30
Alberta	35	40	35	65	70	120
British Columbia	125	85	110	130	170	220
Yukon	0	0	0	0	0	5
Northwest Territories	0	0	0	0	0	0
Nunavut	0	0	0	0	0	0
TOTALS	4,185	3,770	2,955	3,715	4,290	7,365

Illegals were still coming into Canada via land border crossings during the Harper years. Interestingly though, it only receives major attention when Liberals are in power. A cynic may wonder why.

YEAR: 2017
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	245	19	46	5	315
February	452	142	84	0	678
March	654	170	71	2	897
April	672	146	32	9	859
May	576	106	60	0	742
June	781	63	39	1	884
July	2,996	87	51	0	3,314
August	5,530	80	102	0	5,712
September	1,720	78	79	4	1,881
October	1,755	67	68	8	1,890
November	1,539	38	46	0	1,623
December	1,916	22	40	0	1,978
TOTAL	18,836	1,018	718	22	20,593

YEAR: 2018
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	1,458	18	41	0	1,517
February	1,486	31	48	0	1,565
March	1,884	53	33	0	1,970
April	2,479	50	31	0	2,560
May	1,775	36	53	0	1,869
June	1,179	31	53	0	1,263
July	1,552	51	31	0	1,634
August	1,666	39	39	3	1,747
September	1,485	44	68	4	1,601
October	1,334	23	37	0	1,394
November	978	23	18	0	1,019
December	1,242	11	27	0	1,280
TOTAL	18,518	410	479	7	19,419

YEAR: 2019
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	871	1	16	1	888
February	800	1	6	2	808
March	967	13	22	0	1,002
April	1,206	15	25	0	1,246
May	1,149	27	20	0	1,196
June	1,536	26	5	0	1,567
July	1,835	23	15	1	1,874
August	1,712	26	22	2	1,762
September	1,706	19	17	0	1,737
October	1,595	18	8	1	1,622
November	1,118	9	21	0	1,148
December	1,646	2	5	2	1,653
TOTAL	16,136	180	182	9	16,503

YEAR: 2020
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	1,086	7	7	0	1,100
February	976	2	2	0	980
March	930	7	18	0	955
April	1	0	5	0	6
May	17	0	4	0	21
June	28	1	3	1	33
July	29	2	17	0	48
August	15	3	0	0	18
September	30	4	7	0	41
October	27	0	4	0	31
November	24	0	8	0	32
December	26	2	8	0	36
TOTAL	3,189	28	84	1	3,302

YEAR: 2021
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	28	1	10	0	39
February	39	0	1	0	40
March	29	5	2	0	36
April	29	2	2	0	33
May	12	3	13	0	28
June	11	0	6	0	17
July	28	5	6	0	39
August	63	2	11	0	76
September	150	0	19	0	169
October	96	0	17	0	113
November	832	1	12	0	845
December	2,778	0	33	0	2,811
TOTAL	4,095	19	132	0	4,246

YEAR: 2022
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	2,367	0	16	0	2,383
February	2,154	1	9	0	2,164
March	2,492	2	8	0	2,502
April	2,791	3	8	3	2,805
May	3,449	3	40	1	3,493
June	3,066	3	14	3	3,086
July	3,645	3	29	0	3,677
August	3,234	5	10	0	3,249
September	3,650	10	0	0	3,660
October	3,901	16	34	0	3,951
November	3,731	23	34	0	3,788
December	4,689	3	52	1	4,745
TOTALS	39,171	72	289	7	39,540

YEAR: 2023
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	4,875	19	100	0	4,994
February	4,517	5	59	0	4,581
March	4,087	15	71	0	4,173
April	69	9	26	0	104
May	46	3	30	0	79
June	30	1	27	2	60
July	42	8	33	0	83
August	53	3	40	1	97
September	59	2	25	2	88
October	36	7	29	3	75
November	58	0	37	0	95
December	90	5	131	0	226
TOTAL	13,962	77	616	8	14,663

YEAR: 2024
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	79	16	91	5	191
February	75	8	94	1	178

Interestingly, the numbers in British Columbia are actually rising lately. While it’s nowhere near the levels of Roxham Road, it could indicate that people are looking at other alternatives.

Some other useful information:

First, in 2019, something happened that wasn’t really reported on. It was that the Canadian Government scrapped the DCO, or Designated Country of Origin policy. This stopped people from 42 countries (mainly in Europe) from being able to abuse the refugee system with bogus claims.

Second, as for the Safe Third Country Agreement, people are still allowed to enter, and it’s still being gamed by human smugglers and traffickers. Few people know this, but the Treaty is actually a 3-way arrangement with the UNHCR acting as a sort of facilitator. True, the amended agreement has cut the number of interceptions, but is that really the whole story?

Third, the United Nations — a party to U.S/Canada border security — distributes information packages on how to circumvent the Safe Third Country Agreement. While claiming to care about the integrity of countries, they publish materials to do exactly the opposite.

Fourth, the U.N. has extensively studied the connection between lack of border enforcement, and the facilitation of human smuggling and trafficking. It isn’t a surprise that open borders lead to increases in illegal crossings. They know exactly what’s going on.

True, changes to the Safe Third Country Agreement seem to have resulted in fewer people entering illegally. That’s certainly positive. However, this pales in comparison to the vast numbers that are entering legally through various channels. But that’s a story for another time.

And while these are the official numbers that get reported, it would be helpful to know how many people come in that are either undetected, or simply aren’t documented.

March 24, 2024March 24, 2024

Egale Canada, Registered Charity Getting Public Money

This is a follow up on Egale Canada. For the earlier critique of their work, see this piece. This time, we get a bit heavier into the financial side of things, and see how big things really are. Remember, your tax dollars are helping to finance this, regardless of personal views.

As an aside, Egale received $513,801 from CEWS, the Canada Emergency Wage Subsidy, back in 2020. It got another $35,779 in 2021. Interesting priorities.

From its publicly available filings, it’s clear that after 2012, Canadian taxpayers are financing this organization to a great degree. And that doesn’t even factor in the rebates that private donors receive from Revenue Canada.

YEAR	TOTAL $	GOV’T	OTHER	% GOV’T	EXPENSES
2006	$40,123	$2,507	$37,616	6.2 %	$15,193
2007	$24,644	$0	$24,644	0.0 %	$18,777
2008	$53,154	$6,578	$46,576	12.4 %	$61,661
2009	$106,471	$0	$106,471	0.0 %	$104,518
2010	$259,365	$0	$259,365	0.0 %	$209,962
2011	$464,975	$0	$464,975	0.0 %	$408,782
2012	$707,761	$345,963	$361,798	48.9%	$690,912
2013	$1,801,607	$1,290,184	$511,423	71.6 %	$1,808,589
2014	$1,704,083	$910,500	$793,583	46.6 %	$1,728,727
2015	$2,014,901	$887,075	$1,127,826	44.0 %	$2,013,484
2016	$2,798,237	$1,154,301	$1,643,936	41.3 %	$2,311,837
2017	$3,851,872	$1,132,350	$2,719,522	29.4 %	$3,578,714
2018	$3,704,557	$3,524,832	$179,725	95.1 %	$3,916,554
2019	$4,095,433	$3,831,557	$263,876	93.6 %	$4,043,359
2020	$2,833,582	$2,637,412	$196,170	93.1 %	$2,754,446
2021	$3,635,394	$1,891,479	$1,743,915	52.0 %	$3,595,380
2022	$4,763,496	$3,163,263	$1,600193	66.4 %	$4,615,041

There are some discrepancies with the data copied from the C.R.A. website, as it appears that not all of the same categories are listed in the “short version”. Notably, CEWS isn’t included. The categories also aren’t consistent across the years, so we’ll do our best.

Note: the form for 2007 is incomplete. However, the assets listed in 2006 were totaled at $50,783. In 2007, it was given at $56,650. From that, we will assume that the change will be the difference in revenue and expenses for that year.

Equity (worth) = assets – liabilities
$56,650 – $50,783 = new revenue – $18,777
From this, assume 2007 revenue was ~ $24,644

For the years 2018 and 2019, the itemized lists lump various Government and private funding grants together, in terms of the source. However, the overall totals are the same.

Egale is raising in revenue about 100 times that rate it did less than 20 years ago. In fairness, increases in Government (or taxpayer) money has helped a lot. Assuming these records are fairly accurate, this organization has certainly been growing.

Although it would be nice to blame this on Trudeau, the growth long predates him. And the majority of Government funding appears to have been from Ontario (which is Provincial) anyway.

While Government funding costs a straight 100%, donations from private groups and individuals aren’t free either. Specifically, they are eligible for rebates from the C.R.A. of around 40 to 45 cents on the dollar.

Considering the kinds of causes that Egale takes on, is this a prudent use of public money?

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

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

March 9, 2024March 9, 2024

Action4Canada Case Remains In 2024 LSBC Professional Legal Training Course

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This is some pretty delusional stuff.

What does the Professional Legal Training Course say about this?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Will Action4Canada Appeal be in the 2025 edition?

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

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

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

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

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

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

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

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

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

February 27, 2024February 27, 2024

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.

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

(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.

(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.

(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 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

February 24, 2024February 27, 2024

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

February 15, 2024September 18, 2024

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

Category: Subversion

Illegal Crossings Into Canada For 2023: Quebec Way Down, B.C. Rising

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Egale Canada, Registered Charity Getting Public Money

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Action4Canada Case Remains In 2024 LSBC Professional Legal Training Course

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Action4Canada Begging For More Money For “Mystery” Lawsuits

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

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

From the ruling of Justice Chalmers, dismissing the case

Multiple lawsuits filed in order to bury Toews complaint

From Justice Chalmers regarding the costs

Who really funded these intimidation suits?

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From the ruling of Justice Chalmers, dismissing the case

Multiple lawsuits filed in order to bury Toews complaint

From Justice Chalmers regarding the costs

Who really funded these intimidation suits?

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