Category: Subversion

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Court Asked To Throw Out Vaccine Choice Canada Suit As “Bad Beyond Argument”

A high profile Toronto lawsuit filed July 6, 2020 will finally be heard in Court.

To clarify, this will not be a Trial, or anything of the sort. Instead the Court will hear Motions to throw the case out as frivolous, vexatious, an abuse of process, moot (no longer relevant) and “bad beyond argument”. The Factums state that the Statement of Claim — the initial filing — is incoherent, unintelligible, lacks required facts and particulars, and fails to meet even the basics of Civil Procedure.

And they’re not wrong.

See these critiques from 2021 and 2022. These upcoming Motions parallel those predictions a lot.

It doesn’t help that this case remained inactive from July 2020 until January 2023. That’s 2 1/2 years. Makes it hard to view this as urgent.

On a side note: as of the time of publication, there appear to only be 2 Factums on file, despite there being 5 Motions to Strike. Perhaps there has been a delay in filing from other lawyers.

Also, it needs to be pointed out that this group has 2 (two) separate lawsuits. Both were written by “Mr. Bad Beyond Argument” himself, and both are a complete waste of time and money.

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, just 11 months from now.

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

Here’s the Mercer Factum. However, the Ahmed/WEC Factum is even juicier with the following. It comes across as a lot more blunt in regards to these circumstances. When others are filed, they’ll be made available too.

(26) It has been outlined in the jurisprudence that it is fundamental to the trial process that a plaintiff plead material facts in sufficient detail to support the claim and relief sought. Opposing parties cannot be left to speculate as to how the facts support the causes of action pled. Rather, the pleading must tell the defendant who, when, where, how and what gave rise to its liability.

(28) In Adelberg v. Canada, a Statement of Claim was filed by some 600 plaintiffs who alleged they suffered harm because of a COVID-19 vaccination policy issued by the Treasury Board of Canada. The claim was almost 50 pages long, with nine pages devoted to remedies sought, some of which were not available in a civil action, including administrative declarations and injunctive relief. The claim included allegations of constitutional invalidity, criminal culpability and broad assertions of scientific knowledge. The pleading did not particularize the facts and was devoid of material facts pertaining to the personal circumstances of the plaintiffs. The Court found the pleading to be “bad beyond argument” and it was struck in its entirety. It is worthy to note that counsel for the plaintiffs in Adelberg is the same plaintiff counsel as in this matter before this Court.

(29) Similarly, the Court in Action4Canada v. British Columbia (Attorney General), struck the plaintiffs’ pleading in which they sought damages and other relief from various government entities and employees for harms they allegedly suffered as a result of various restrictions instituted in British Columbia due to the COVID-19 pandemic. The Court held that the pleading could not be properly answered by a responsive pleading as it described wide-ranging global conspiracies and sought rulings of the court on issues of science. The pleading was also labelled as “bad beyond argument” and could not be mended by striking portions of it. The plaintiffs counsel in Action4Canada was one in the same as the Plaintiffs’ counsel in this case and in Adelberg.

(32) Much like in the cases of Adelberg and Action4Canada, the pleading in this matter is “bad beyond argument”. It is 190 pages long, violates the rules of pleadings, improperly names defendants, is replete with lengthy diatribes and makes allegations of cover-ups and conspiracies. It leaves many of the Defendants speculating as to how the facts support the causes of action pled. The pleading is, simply put, unintelligible and lacking in clarity, and should be struck. It cannot be mended by striking portions as it would only create more confusion and result in greater expenditure by the parties and this Court.

(37) In the alternative, this Court should strike or dismiss the Plaintiffs’ pleading in its entirety on the grounds that the pleading is scandalous, frivolous, vexatious and otherwise an abuse of process as it contains many hallmarks of litigant behaviour as identified in the jurisprudence. As already indicated, the pleading is 190 pages in length, misnames defendants, contains 235 footers, includes rambling discourse, repeated misuse of legal, medical and other technical terms and makes discerning a legitimate cause of action very difficult. The pleading is unintelligible and is indicative of litigant behaviour resulting in five separate motions to strike before this Court.

(38) The courts have recognized that scarce resources should not be devoted to proceedings that are clearly frivolous and vexatious. They take away from meritorious cases and there is no benefit served in allowing them to continue. Scarce resources have already been devoted to this matter by the numerous counsel and parties involved as well as three days of valuable court time. The Plaintiffs’ pleading should be struck in its entirety with no leave to amend. The pleading cannot be partially struck or mended to fix the multiplicity of signposts of a vexatious proceeding. Any attempt to do so would only result in the consumption of more time and limited resources and result in further confusion. It is “bad beyond argument”.

Action4Canada struck as “bad beyond argument” at Paragraph 45:
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html#par45

Adeberg struck as “bad beyond argument” at Paragraph 52:
https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html#par52

Earlier this year, the B.C. Law Society roasted the Action4Canada case, including it their training manual for new lawyers as an example of a “Wholly Inadequate Pleading”.

Where’s the lie here? Despite all of the things that various Governments have done to its citizens in recent years, these pleadings are so incomprehensible that they’ll never make it to Trial. Litigants with valid concerns will never get their day in Court. These cases aren’t thrown out on their merits, but because they’re so poorly written. At some point, one has to wonder it this was done intentionally.

Despite the Claim being nearly 200 pages long, it fails to plead details that would have established liability of the Defendants. Yes, this needs to be spelled out. Instead, the bulk of the document is almost entirely irrelevant to a CIVIL Court in Ontario.

Moreover, Klaus Schwab, the World Economic Forum, Bill Gates, GAVI, the Rockefeller Foundation, and others aren’t listed as Defendants, so the information about them is irrelevant.

The Rules of Civil Procedure for Ontario, particularly Rule 25.06, lay out the basics for how pleadings should be drafted. These aren’t optional. Cases that don’t follow them will get struck down. Hard to imagine how veteran lawyers don’t know this.

Part of the problem with suing so-called “Medical Officers of Health” is that they have immunity from civil and criminal liability unless bad faith can be established. The Statement of Claim doesn’t plead any facts that would allow that to be bypassed.

By letting so much time elapse, the Defendants can now introduce “mootness” as an escape. One has to wonder why the suit was never diligently pursued, and why it was just allowed to sit.

Vaccine Choice seems content to simply file high-profile cases with no concern as to whether they’ll ever advance in the Courts. Kuntz himself has stated that their are other ways to get results other than from what a Judge has to say. This is improper, and a clear abuse of the Court system.

The Respondent (Plaintiff) Factum is due December 8th. Most likely, it will be a rehash of earlier ones, begging and pleading for a chance to rewrite. It will say that “it’s not plain and obvious” the case has no merit. And after it is struck, expect a trip to the Court of Appeals, and requests for more donations.

And please do remember to donate!

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)

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

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2 Sides Of The Same Coin: Sendai Framework And International Health Regulations

This topic isn’t revolutionary. However, it’s interesting how different pieces of legislation (supposedly brought for completely different areas of life) can serve much the same purpose. Laws that seemingly have no connection to each other can end up having very similar results.

Let’s look at a few of them.

For emergency and disaster management:
-U.N. Sustainable Development Agenda (Agenda 21) signed in 1992
–Yokohama Strategy for a Safer World signed in 1994
–Hyogo Framework for Action signed, goes from 2005 to 2015
-U.N. Sustainable Development Agenda (Agenda 2030) signed in 2015
–Sendai Framework signed, goes from 2015 to 2030.

For public health management:
–W.H.O. Constitution signed in 1946
-W.H.O. International Sanitary Regulations signed in 1951
-W.H.O. International Health Regulations (First Edition) signed in 1969
-W.H.O. International Health Regulations (Second Edition) signed in 1995
–W.H.O. International Health Regulations (Third Edition) signed in 2005

Now, what can these things have in common? Quite simply, they are pretexts for removing rights and property from people, under the cloak of being an emergency. True, the nature of it will vary, but the results are the same.

1. Parallels Between Sendai Framework And WHO-IHR

While not identical, there are many connections and similarities between enacting emergency management laws, and the public health laws. Using B.C. as an example:

(a) Bill 31 was derived from the Sendai Framework, which itself is part of the United Nations Sustainable Development Agenda. There are many aspects to this ideology

(b) The Provincial Public Health Acts are the result of the 2005 Quarantine Act, which itself is derived from the 3rd Edition of the WHO’s International Health Regulations. Also, the WHO’s Constitution is well worth a read, as it dates back to the 1940s.

While laws are being enacted that greatly impact the lives of Canadians, the reality is that these — and many laws — are derived from international agreements that the public has no say in.

(a) Bill 31 is framed as “disaster reduction measures”, which presumably means natural disasters. As for speculation about “climate lockdowns”, this type of legislation is laying the ground work.

(b) Provincial Health Acts are framed as “preventing communicable diseases”, and we saw plenty of that in the last few years.

And reading through both, it’s clear that both are intended — among other things — to strip away large parts of individual rights, including property rights. These things are presented as necessary for the greater good.

Additionally, both sets of laws allows near dictatorial powers when it comes to issuing orders. A Cabinet Minister could do it for the Emergency & Disaster Management Act. A Minister, or Public Health Officer, can give orders concerning regulations within the Public Health Act

2. B.C. Bill 31, Emergency & Disaster Management Act

This is still going through the Legislature, but parts of it are certainly worth looking at. They’re ripe for abuse in the wrong hands.

Essential matters
75 (1) The minister may, by order, do one or more of the following:
(a) identify supplies, equipment or other items, services, property or facilities, or a class of any of these, as essential;
(b) for things identified under paragraph (a) as essential,
(i) establish or restrain increases in prices or rents for them,
(ii) ration or otherwise provide for their distribution or use,
(iii) provide for their restoration, and
(iv) prohibit or limit seizures of them or evictions from them;
(c) authorize a person to provide a service or give assistance of a type that the person is qualified to provide or give;
(d) require a person to provide a service or give assistance of a type that the person is qualified to provide or give;
(e) provide for, maintain and coordinate the provision and maintenance of necessities.
(2) Subsection (1) (b) (i) and (iv) applies despite any enactment governing tenancies or the recovery of property.
(3) Subsection (1) (c) and (d) applies despite any contract, including a collective agreement.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Clearly, the Bill is much longer than this. But what do these sections include?

  • Establish price controls of “essential goods”
  • Establish rationing of “essential goods”
  • Require (force) people to provide certain services
  • Appropriate or control someone’s private land
  • Allow warrantless searches
  • Prohibit people from entering their property
  • Prevent travel
  • Prohibit certain types of businesses
  • Prohibit or restrict activities

Sound familiar? It should. These things were implemented throughout British Columbia through 2020 to 2022, but under the pretense of “disease prevention”. All that’s missing are the injection passports and the mask mandates.

3. B.C. Public Health Act (2009), Derivative Of WHO-IHR

People will no doubt remember the years of endless (and seemingly arbitrary) dictates from BCPHO Bonnie Henry, and Health Minister Adrian Dix. But what allowed them to do this?

General powers respecting health hazards and contraventions
31 (1)If the circumstances described in section 30 [when orders respecting health hazards and contraventions may be made] apply, a health officer may order a person to do anything that the health officer reasonably believes is necessary for any of the following purposes:
(a) to determine whether a health hazard exists;
(b) to prevent or stop a health hazard, or mitigate the harm or prevent further harm from a health hazard;
(c) to bring the person into compliance with the Act or a regulation made under it;
(d) to bring the person into compliance with a term or condition of a licence or permit held by that person under this Act.
(2) A health officer may issue an order under subsection (1) to any of the following persons:
(a) a person whose action or omission
(i) is causing or has caused a health hazard, or
(ii) is not in compliance with the Act or a regulation made under it, or a term or condition of the person’s licence or permit;
(b) a person who has custody or control of a thing, or control of a condition, that
(i) is a health hazard or is causing or has caused a health hazard, or
(ii) is not in compliance with the Act or a regulation made under it, or a term or condition of the person’s licence or permit;
(c) the owner or occupier of a place where
(i) a health hazard is located, or
(ii) an activity is occurring that is not in compliance with the Act or a regulation made under it, or a term or condition of the licence or permit of the person doing the activity.

Specific powers respecting health hazards and contraventions
32(1) An order may be made under this section only
(a) if the circumstances described in section 30 [when orders respecting health hazards and contraventions may be made] apply, and
(b) for the purposes set out in section 31 (1) [general powers respecting health hazards and contraventions].

32(2) Without limiting section 31, a health officer may order a person to do one or more of the following:
(a) have a thing examined, disinfected, decontaminated, altered or destroyed, including
(i) by a specified person, or under the supervision or instructions of a specified person,
(ii) moving the thing to a specified place, and
(iii) taking samples of the thing, or permitting samples of the thing to be taken;
(b) in respect of a place,
(i) leave the place,
(ii) not enter the place,
(iii) do specific work, including removing or altering things found in the place, and altering or locking the place to restrict or prevent entry to the place,
(iv) neither deal with a thing in or on the place nor dispose of a thing from the place, or deal with or dispose of the thing only in accordance with a specified procedure, and
(v) if the person has control of the place, assist in evacuating the place or examining persons found in the place, or taking preventive measures in respect of the place or persons found in the place;
(c) stop operating, or not operate, a thing;
(d) keep a thing in a specified place or in accordance with a specified procedure;
(e) prevent persons from accessing a thing;
(f) not dispose of, alter or destroy a thing, or dispose of, alter or destroy a thing only in accordance with a specified procedure;
(g) provide to the health officer or a specified person information, records, samples or other matters relevant to a thing’s possible infection with an infectious agent or contamination with a hazardous agent, including information respecting persons who may have been exposed to an infectious agent or hazardous agent by the thing;
(h) wear a type of clothing or personal protective equipment, or change, remove or alter clothing or personal protective equipment, to protect the health and safety of persons;
(i) use a type of equipment or implement a process, or remove equipment or alter equipment or processes, to protect the health and safety of persons;
(j) provide evidence of complying with the order, including
(i) getting a certificate of compliance from a medical practitioner, nurse practitioner or specified person, and
(ii) providing to a health officer any relevant record;
(k) take a prescribed action.
(3) If a health officer orders a thing to be destroyed, the health officer must give the person having custody or control of the thing reasonable time to request reconsideration and review of the order under sections 43 and 44 unless
(a) the person consents in writing to the destruction of the thing, or
(b) Part 5 [Emergency Powers] applies.

While not identical, the B.C. Public Health Act provides many of the same restrictions that Bill 31 would (if enacted). Primarily, property and personal rights can be suspended in an open ended manner, under the excuse of an emergency.

It’s also worth mentioning the the “Public Officials” involved in issuing orders are exempt from legal liability, and cannot be sued. It’s written right into the legislation.

SENDAI FRAMEWORK, B.C. BILL 31
(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction
(8) https://www.unisdr.org/files/8241_doc6841contenido1.pdf
(9) https://www.unisdr.org/2005/wcdr/intergover/official-doc/L-docs/Hyogo-framework-for-action-english.pdf

WHO TREATIES, INTERNATIONAL HEALTH REGULATIONS
(1) https://canucklaw.ca/wp-content/uploads/WHO-Constitution-Full-Document.pdf
(2) https://www.who.int/about/governance/constitution
(3) https://apps.who.int/gb/bd/
(4) https://apps.who.int/gb/bd/pdf_files/BD_49th-en.pdf#page=6
(5) https://www.treaty-accord.gc.ca/
(6) https://www.treaty-accord.gc.ca/index.aspx
(7) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103984&t=637793587893732877
(8) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103986&t=637862410289812632
(9) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103990&t=637793587893576566
(10) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103994&t=637862410289656362
(11) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103997&t=637793622744842730
(12) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=105025&t=637793622744842730
(13) https://canucklaw.ca/provincial-health-acts-are-really-just-who-ihr-domestically-implemented/
(14) https://canucklaw.ca/the-other-provincial-health-acts-written-by-who-ihr/
(15) WHO International Health Regulations, 3rd Edition 2005

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

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

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

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

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

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

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

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

March 2023: Notice of Appeal was filed.

April 2023: The Appeal Book is filed.

May 2023: The Appellants’ written arguments are filed.

June 2023: The Respondents’ written arguments are filed.

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

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

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

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

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

Anyhow, let’s get started.

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

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

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

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

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

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

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

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

Anyhow, let’s offer some constructive feedback.

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

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

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

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

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

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

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

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

2. Plead Facts About Clients Attempting Workarounds Or Exemptions

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

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

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

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

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

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

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

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

3. Provide Evidence Of Unworkability In Motion To Strike

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Remove Argument From Statement Of Claim

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

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

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

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

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

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

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

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

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

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

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

9. Don’t Suggest Lower Court Judge Was Biased

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

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

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

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

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

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

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

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

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

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

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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U.N. Sendai Framework Introduced Domestically Via B.C. Bill 31 (Emergency & Disaster Management Act)

A few weeks ago, British Columbia Bill 31, the Emergency and Disaster Management Act, made ripples because of the embedded language which seemed to be a threat to property rights. Under the pretense of emergencies, rights could be suspended in a manner that heavily paralleled the Public Health Act.

However, it’s noteworthy that the B.C. Government isn’t actually responsible for this legislation. It’s domestic implementation of the United Nations Sendai Framework, signed in Japan in 2015.

Introduction and
First Reading of Bills
.
BILL 31 — EMERGENCY AND DISASTER MANAGEMENT ACT
.
Hon. B. Ma presented a message from Her Honour the Lieutenant-Governor: a bill intituled Emergency and Disaster Management Act.
.
Hon. B. Ma: I move that Bill 31 be introduced and read a first time now.
.
Mr. Speaker, I’m pleased to introduce the Emergency and Disaster Management Act. This bill delivers on government’s pledge to introduce modernized emergency management legislation that aligns with the United Nations Sendai framework for disaster risk reduction, the international best practices for how we make our communities safer and more resilient.
.
This legislation formally recognizes the rights of First Nations as decision-makers in emergency management, which is an important step in aligning B.C.’s approach with the declaration on the rights of Indigenous peoples.
.
The Emergency and Disaster Management Act moves towards a holistic four-phase approach of mitigation, preparation, response and recovery. It embraces disaster risk reduction and will require that climate risk be assessed so that entities can better mitigate the impacts of climate-related emergencies before they happen.
.
This bill updates the concept of what constitutes an emergency to reflect modern realities and risks and provides improved tools for response and recovery. I look forward to debate on this bill and, ultimately, to the improvements it will bring for the safety of people across British Columbia.
.
Mr. Speaker: Members, the question is the first reading of the bill.
.
Motion approved.

It’s also explicitly stated that it will be used to “mitigate the risks” of climate change, but without specifying what those risks are.

Bill 31 is quite long, but here are a few notable parts. Section 76 allows the Minister to suspend property rights under the guise of mitigating an emergency. It also allows for warrantless entry under that same pretense.

Furthermore, the Minister is able to order that property be destroyed …. including crops. By this logic, food supply would not be secure either.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

Section 78 would give the Government the power to restrict travel and movement, shut down businesses, and various events. This greatly parallels what happened from 2020 to 2022. The difference here is that the excuse isn’t a disease.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Section 82 says that the Lieutenant Governor in Council can make retroactive orders. This would presumably legalize actions that would previously have been illegal.

Section 139 makes it clear that compliance is mandatory.

Section 140 gives provincial administrators the power to ask for police enforcement

Section 141 outlines judicial remedies to obtain injunction.

Section 154 provides protection from legal proceedings for pretty much anyone involved in implementing emergency management orders.

There is much more to this Bill, and that will be covered in a follow-up.

Now, what does this have to do with the United Nations?

Turns out, that the Sendai Framework was agreed to in 2015, and this is just B.C. implementing their version of it. This is also the third conference, with the first being Yokohama in 1994, and the second in Hyogo in 2005. The specific agency is the UNDDR, the United Nations Office for Disaster Risk Reduction.

The full text of the Sendai Framework for Disaster Risk Reduction (see archive) is available online. As should be apparent, Bill 31 heavily copies this content.

And the Emergency & Disaster Management Act heavily mirrors the Provincial Public Health Acts, which strip away property rights under the cloak of disease prevent. Those have been covered here and here.

More to come!

(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction

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Respondent Lawyers Accused Of Misconduct In Action4Canada Appeal

It’s interesting what people can do when motivated. October 13th, this piece went out, publishing that the Action4Canada Appeal had been listed as “inactive” due to a failure to schedule the hearing.

Less than a week later, it’s been announced that the case has been removed from the “inactive” listings, and a hearing booked for February 14th, 2024.

Further details: Action4Canada filed an appeal on Sept. 28, 2022 and the Respondents filed their response by January 2023. The appeal could have been before the Appeal Court within 6 months however, the Respondents were not cooperative in setting a timely date. Rocco’s office consistently made every effort to work with all parties involved. If a court date is not set within a year the file is automatically put on an ‘inactive’ list. This transpired on Sept. 28, 2023 and was due to the Respondents’ ongoing delays in setting a date.

The update is accurate, at least in the sense that Appeals are automatically considered inactive if a Notice of Hearing isn’t filed within a year of the Notice of Appeal. That part is true. Section 50 of the B.C. Court of Appeal Rules spells this out.

However, it’s probably not a good idea to go around accusing the Respondent/Defendant lawyers of attempting to delay and sabotage the hearing of the Appeal. It seems unlikely that this would be protected under anti-SLAPP laws.

On the off chance that this is true, some receipts would be nice.

Also, delaying the case would make no sense from their perspective. The Appeal is baseless — as has been covered here — and focuses primarily on issues that a B.C. Civil Court has no jurisdiction to grant. It revolves around Paragraph 52 in Justice Ross’ ruling. This would be an easy case to get thrown out.

This also isn’t the first time that Government lawyers have been accused of deliberately stalling this case. Back in late 2020, there were claims that the B.C. officials had delayed service by 2 1/2 months.

This makes little sense either, as the 391 page Notice of Civil Claim, or NOCC, was a convoluted mess that was doomed to fail from the outset.

Looking at the big picture, Action4Canada has been fundraising for about 3 1/2 years now and still hasn’t put forward a valid NOCC. This will never get to Trial.

In other news:

(1) The Federal Court of Appeals will hear the Appeal of some 600+ Plaintiffs — both Government workers and employees of Federally regulated industries — on November 8th, 2023. See the background information here.

(2) Vaccine Choice Canada will be in Court for 2 days, January 30 and February 1st, 2024. This is to finally have the hearing to strike out the July 6, 2020 Claim. For anyone wondering why it took so long, it’s because it took 2 1/2 years to have a first appearance.

Factums (arguments) are due starting in November, and will be provided.

(3) Vaccine Choice’s other case, from October 2019, hasn’t gotten past the pleading stages. This is despite being filed 4 years ago. It may very well be dismissed for delay soon.

Update: Shortly after this was published, Action4Canada made significant changes to their October 19, 2023 update. They removed references to the Respondent lawyers deliberately delaying the hearing of the Appeal. Guess someone had to explain that these kind of accusations are a bad idea. Without receipts or other proof, a defamation claim was quite possible.

Remember to donate!

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

Posted on

Action4Canada Appeal Put On “Inactive” List, Likely To Be Dismissed As Abandoned

Remember that dumpster fire of a case that Action4Canada filed in August of 2021? Remember how it was struck — not on the merits — but because it was so poorly written? Bad beyond argument?

Heck, even the Law Society of British Columbia piled on.

While Justice Ross did allow for a rewrite, the decision was appealed instead.

This Appeal was particularly frivolous considering the content that was being challenged. Specifically, most of it centered around Paragraph 52, outlining many of the areas that there was no jurisdiction to bring to Civil Court.

[52] The defendants submit that the NOCC pleads to a number of claims that are improper in a civil action. In part, the defendants point to the following elements of the NOCC as inappropriate:

a) alleging criminal conduct;
b) seeking a declaration that the preponderance of the scientific community is of the view that masks are ineffective in preventing transmission;
c) seeking a declaration that the motive and execution of the COVID-19 prevention measures by the World Health Organization are not related to a bona fide “pandemic”;
d) seeking a declaration that administering medical treatment without informed consent constitutes experimental medical treatment which is contrary to the Nuremberg Code, the Helsinki Declaration and is a crime against humanity under the Criminal Code of Canada;
e) seeking a declaration that the unjustified, irrational, and arbitrary decisions of which businesses would remain open, and which would close, as being “essential”, or not, was designed and implemented to favour mega-corporations and to de facto put most small businesses out of business; and
f) seeking a declaration that the measures of masking, social distancing, PCR testing, and lockdowns are not scientifically based, and are based on a false and fraudulent use of the PCR test.

[53] I agree with the defendants that these are improper claims.

The B.C. Court of Appeals isn’t going to overturn this. Full stop.

As for the request to revisit the costs issue, it needs to be pointed out that costs are almost entirely discretionary. Given that Justice Ross (correctly) ruled the Notice of Civil Claim wasn’t drafted properly, no one will fault him for such a finding anyway.

Unsurprisingly, there were more requests for donations.

And what a time to be alive. We are in the age where Court Services Online (C.S.O.) can be accessed by anyone. Any member of the public can search a case online, and see what exactly is going on. Yes, B.C. does paywall this content, but it’s not expensive.

As it turns out, no Appeal has yet been scheduled to be heard. This is a serious problem, as British Columbia, like most jurisdictions, don’t want files sitting dormant for months or years. The Action4Canada appeal has been classified as “inactive”, due to a failure to schedule the hearing.

Back at the beginning of 2023, there was a consent order for Translink to delay sending its Factum (arguments). However, it has since been filed.

It also appears that Mark Witten has been replaced as counsel for the B.C. Defendants for some reason.

The B.C. Court of Appeal Rules, and the Act outline the issue A4C is going to have:

[Division 3, Rule 50]
Managing inactive appeal list
50 (1)The registrar must place an appeal on the inactive appeal list if a notice of hearing of appeal is not filed in accordance with these rules by the date that is:
.
(a) one year after the notice of appeal is filed for the appeal, or
(b) 60 days after the appeal is ready for hearing.

[Division 4, Rule 51]
Appeals that are dismissed as abandoned
51(1) For the purposes of section 23 [appeals or applications for leave to appeal dismissed as abandoned] of the Act, an appeal or application for leave to appeal is dismissed as abandoned if it remains on the inactive appeal list for 180 days.

(2) Unless a justice orders otherwise, an appeal that is dismissed as abandoned under subrule (1) may not be reinstated.

[Court of Appeal Act]
Appeals or applications for leave to appeal dismissed as abandoned
23(1) An appeal or application for leave to appeal is dismissed as abandoned if it remains inactive under the circumstances and to the extent set out in the rules.
.
(2) An appeal or application for leave to appeal that has been dismissed as abandoned under subsection (1) may be reinstated in accordance with the rules.

Under Rule 50, an Appeal must be placed on the “inactive” list if more than 1 calendar year has elapsed since the Notice of Appeal was filed. Under Rule 51, if it remains on that list for 6 months, it will be dismissed for being abandoned. That’s consistent with Rule 23 of the Court of Appeal Act

Interestingly, the Appellants — people launching the Appeal — can’t just fill out a form if the case gets dismissed. Instead, a Judge must approve it.

There have been allegations made that the Respondents have been deliberately delaying getting a hearing booked. This seems very unlikely, for the reasons outlined previously. The Appeal doesn’t address the elephant in the room — that the Claim wasn’t written properly — so there’s no real prospect of the decision getting overruled.

Huang v. Li, 2022 BCCA 450 outlined the test for reinstating Appeals at Paragraph 10:

(a) the length of the delay and, in particular, whether the delay has been inordinate;
(b) the reason for the delay and, in particular, whether the delay is excusable;
(c) whether the respondent has suffered prejudice as a result of the delay; and
(d) the extent of the merits of the appeal.

Ground (d) is particularly fatal. There are no merits to the Appeal. None whatsoever. Instead of rewriting an incoherent Notice of Claim, an Appeal was filed to challenge jurisdiction on a number of issues Civil Courts can’t determine. It’s clearly and obviously baseless.

Supposedly, Action4Canada has a new Notice of Civil Claim ready to go. If this is actually true, then it boggles the mind why they’re wasting time and money messing around with this Appeal.

Questions need to be asked about this.

Receipts attached below (as usual).

UPDATE TO ARTICLE: This Notice of Hearing was filed October 19, 2023. It seems that people are taking note about what gets published in this case.

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