University Of Western Ontario’s Vaccine Passport System Upheld

An Ontario Superior Court recently ruled that the University of Western Ontario has the right to implement its “vaccine passport” system, and to collect such information. The Judge (to summarize) said that it’s not coercion, but just a choice that people make.

[69] In seeking to justify their request for a permanent injunction, the applicants emphasize what they characterize as the “coercive” nature of the Policy in forcing disclosure of their otherwise private health information. They raise concerns about the danger of losing their academic year if they do not provide their private information by way of proof of vaccination. They raise additional concerns of the fairness of this coercion, given the late timing of Western’s announcement of the continuation of the Policy, after tuition was due and the students had made living arrangements and other financial commitments for the year.

[70] I acknowledge the applicants’ frustration; however, observe that the previous version of the Policy that applied to the 2021-2022 academic terms did notify the university community that the Policy was set to expire on September 7, 2022, and that it would be reviewed by no later than September 1, 2022. There was, in fact, a vaccine mandate and personal information collection policy in place before the ostensible “surprise” of Western’s announcement of the revised Policy on August 22, 2022.

[71] I do not agree with the applicants’ characterization of the Policy as being “coercive” in nature. I do not accept the Policy will “force” members of the university community to disclose their personal information. The Policy forces individuals to choose between two alternatives, even if they like neither option. The choice is the individual’s to make. Each choice comes with its own consequences. That is the nature of choices: Seneca College, at para. 75; Amalgamated Transit Union, Local 113 et a. v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONCA 7658 at para. 77.

[72] I am also not persuaded that a disposal order is warranted in the circumstances. Again, the relief sought is broad. The applicants did not provide any authority in support of this relief. The applicants confirmed on the hearing of the application that they want all proof of vaccine information collected by Western to be destroyed. The court does not comprehend any reasonable basis for such a broad order. Among other issues, proof of vaccine information in the 2021-2022 year was collected pursuant to the province’s mandate.

Seriously, why do people bother? Why not just leave the schools altogether? Are the tens of thousands in non-dischargeable student loan debt really worth it?

A curious bit of information about the Judge Kelly Tranquilli: apparently she’s donated to the Liberal Party of Canada several times in recent years. Or, at least there is someone in London with that same name. It’s not much, only about $1,400 in total. Still, worth a look.

As for UWO receiving money, there are many sources, including several millions in “foreign” contributions. This is according to the Federal Lobby Registry. Interesting details shown.

GOVERNMENT INSTITUTION AMOUNT MORE COMING?

Canada Foundation for Innovation $7,581,000.00 YES
Canada Research Chairs $7,339,000.00 YES
Canadian Institutes of Health Research (CIHR) $28,885,000.00 YES
City of London $28,885,000.00 NO
Foreign $4,209,000.00 YES
Natural Sciences and Engineering Research Council (NSERC) $29,038,000.00 YES
Other Federal $35,699,000.00 YES
Other Provinces $35,699,000.00 YES
Province of Ontario $318,799,000.00 YES
Social Sciences and Humanities Research Council (SSHRC) $9,292,000.00 YES

UWO gets financial contributions from all areas of government. Also, there are other areas which this institution is able to profit.

Revenue Until April 2021
Receipted donations $23,391,977.00 (1.74%)
Non-receipted donations $7,913,117.00 (0.59%)
Gifts from other registered charities $8,860,861.00 (0.66%)
Government funding $458,914,000.00 (34.17%)
All other revenue $844,026,000.00 (62.84%)
Total revenue: $1,343,105,955.00

Expenses Until April 2021
Charitable programs $1,068,203,541.00 (96.31%)
Management and administration $30,830,509.00 (2.78%)
Fundraising $10,090,630.00 (0.91%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $1,109,124,680.00

Revenue Until April 2020
Receipted donations $5,737,520.00 (0.47%)
Non-receipted donations $29,464,401.00 (2.44%)
Gifts from other registered charities $4,705,436.00 (0.39%)
Government funding $436,669,000.00 (36.14%)
All other revenue $731,737,519.00 (60.56%)
Total revenue: $1,208,313,876.00

Revenue Until April 2019
Receipted donations $11,119,427.00 (0.87%)
Non-receipted donations $17,837,610.00 (1.40%)
Gifts from other registered charities $5,854,513.00 (0.46%)
Government funding $467,184,000.00 (36.63%)
All other revenue $773,266,199.00 (60.64%)
Total revenue: $1,275,261,749.00

Worth pointing out: the top 10 highest paid employees receive in excess of $300,000 each. Good to know tuition dollars are being well spent.

The University of Western Ontario is also a registered charity, meaning it’s receiving all sorts of tax benefits at the expense of the public. Regular readers of this site won’t be surprised in the least.

As for CEWS, the Canada Emergency Wage Subsidy, at least 2 groups within UWP received the benefit. Perhaps why there was little interest in protecting students from vaccine mandates. And being a “registered charity”, UWO would also have been eligible for lockdown and rental subsidies.

Things are never quite as they seem.

(1) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc5243/2022onsc5243.html
(2) https://www.canlii.org/en/on/onsc/doc/2022/2022onsc5243/2022onsc5243.pdf
(3) https://elections.ca
(4) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=6219&regId=923198&blnk=1
(5) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=university+western+ontario&q.stts=0007&selectedCharityBn=108162587RR0001&dsrdPg=1
(6) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/bscSrch

University Of Calgary Professor Takes Action To Reinstate Mask Mandates

While most lockdown related lawsuits and human rights complaints aim at removing these infringements on human rights, others demand that they be reinstated. Here is another such case.

A Calgary man has filed a complaint with the Canadian Human Rights Commission over the federal government’s decision to lift mask requirements on airplanes.

The decision, announced Monday, is part of a bundle of changes that come into effect Oct. 1. At that point, travellers will also no longer be required to wear masks on trains, provide proof of vaccination or submit public health information with the ArriveCan app.

“I was frankly dismayed when I heard the news,” said Dr. David Keegan, a family doctor who has a cardiopulmonary condition.

Keegan said that while airplanes do have filtration systems, they don’t completely eliminate the risk of COVID-19 transmission, especially if people are unmasked.

To be clear, nothing prevents, or will prevent this man from wearing a mask when he travels. Instead, his “human rights” complaint is to demand that everyone else be forced to.

He’s also insisting that others play along with his delusions about there being a virus in the first place. Pretty scary that these people are in positions of influence.

Interestingly, the CBC article covering the story, and related reprints, don’t mention that Keegan is a University of Calgary Professor. Did they not want this connection to be made public?

The College of Physicians and Surgeons of Alberta only lists a single David Keegan as having a license in that Province. So, it seems unlikely to be a duplicate, or a coincidence. Of course, we don’t want the wrong person to get mocked.

On Keegan’s Twitter profile, it turns out that his pinned tweet is the announcement that he’s filed with the Canadian Human Rights Commission. This guy isn’t trying to hide the fact that he’s attempting to take people’s freedoms away. Amazingly, the idiots replying are cheering him on as some kind of a hero.

Keegan’s LinkedIn profile describes him as “Family Doc and Associate Dean, Faculty Development and Performance (Cumming School of Medicine, University of Calgary); Academic Family Physician”. He’s much more than just an employee, but an Associate Dean as well. (Archive here).

The University of Calgary has been very active in lobbying the various levels of Government for more money, and it shows. The school is routinely getting many millions in taxpayer handouts.

GOVERNMENT INSTITUTION AMOUNT MORE COMING?

Canada Foundation for Innovation $7,898,000.00 YES
Canada Research Chairs $8,126,000.00 YES
Canadian Institutes of Health Research (CIHR) $50,044,000.00 YES
Foreign $34,573,000.00 YES
Health Canada (HC) $707,000.00 YES
Municipal $3,823,000.00 YES
Natural Sciences and Engineering Research Council (NSERC) $30,820,000.00 YES
Other Federal $43,087,000.00 YES
Other Provinces $10,102,000.00 YES
Provincial $692,013,000.00 YES
Social Sciences and Humanities Research Council (SSHRC) $12,616,000.00 YES

Have to wonder about that $34.5 million in “foreign” funding.

Interestingly, although the University of Calgary itself isn’t listed as having received the Canada Emergency Wage Subsidy, or CEWS, the Pentecostal Ministries have. It’s no surprise that UCalgary is structured as a registered charity. In fact, a search flags 3 charities connected to this school. This is just another way to get money from the public.

Revenue Until March 2021
Receipted donations $43,667,964.00 (2.93%)
Non-receipted donations $154,181,263.00 (10.34%)
Gifts from other registered charities $47,805,468.00 (3.21%)
Government funding $794,689,349.00 (53.30%)
All other revenue $450,709,554.00 (30.23%)
Total revenue: $1,491,053,598.00

Expenses Until March 2021
Charitable programs $1,252,850,843.00 (89.28%)
Management and administration $128,575,275.00 (9.16%)
Fundraising $21,825,347.00 (1.56%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $1,403,251,465.00

Revenue Until March 2020
Receipted donations $70,957,295.00 (4.48%)
Non-receipted donations $184,837,402.00 (11.68%)
Gifts from other registered charities $36,304,564.00 (2.29%)
Government funding $806,786,736.00 (50.98%)
All other revenue $483,768,203.00 (30.57%)
Total revenue: $1,582,654,200.00

Expenses Until March 2020
Charitable programs $1,321,469,784.00 (88.08%)
Management and administration $153,149,342.00 (10.21%)
Fundraising $25,419,521.00 (1.69%)
Gifts to other registered charities and qualified donees $347,506.00 (0.02%)
Other $0.00 (0.00%)
Total expenses: $1,500,386,153.00

This “charity” has been taking in approximately $1.5 billion annually as of late. Of course, the public has to subsidize the donations made.

SCHOOL DATE AMOUNT
University of Calgary April 2011 $100,000
University of Calgary March 2012 $100,000
University of Calgary October 2017 $320,729

The school has also received some donations from the Bill & Melinda Gates Foundation in recent years. In fairness though, others have taken much more. See this from 2017.

While the CBC reports this as a “Calgary doctor”, let’s be clear: this is an Associate Dean at the University of Calgary. While he may have his own interests in doing this, can we really separate personal and professional lives?

(1) https://www.cbc.ca/news/canada/calgary/david-keegan-human-rights-complaint-mask-mandate-airplane-1.6598062
(2) https://search.cpsa.ca/PhysicianProfile?e=9fd5d2c3-3bcc-43ad-9b7c-e45ba9e7c429&i=0
(3) https://twitter.com/drDavidKeegan
(4) https://twitter.com/drDavidKeegan/status/1574523390253477888
(5) https://www.linkedin.com/in/david-keegan-61707473/
(6) David Keegan _ LinkedIn Profile
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=5009&regId=926282&blnk=1
(8) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/bscSrch
(9) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=university+of+calgary&q.stts=0007&selectedCharityBn=108102864RR0001&dsrdPg=1
(10) https://gatesfoundation.org
(11) https://ucalgary.ca/news/gates-foundation-interested-one-health-research-approach-ucalgary

Nova Scotia FOI: Can’t Be Bothered With Pfizer Documents, Or Meaningful Math

With the release of the Pfizer documents (a.k.a. the document dump), it’s fair to ask how seriously Governments are taking it. One resident in Nova Scotia decided to probe exactly that subject. Here is the result that another freedom of information request revealed.

In early January 2022, a US Federal Judge, Mark Pittman ordered Pfizer to release 55,000 pages per month on the vaccine safety data in a response to a FOI request filed on behalf of Public Health and Medical Professionals for Transparency. The List of Adverse Events of Special Interest totals over eight pages in length that includes neonatal death and sudden unexplained death. I would like to request all records and correspondence that the Premier’s office has on the topic of Pfizer’s safety data that has been released since January 10, 2022. Attached is an example of Pfizer’s Safety Data. (Date Range for Record Search: From 01/09/2022 To 09/06/2022)

The request is pretty straightforward. This resident wants to see all correspondence and records that have been generated as a result of this revelation.

However, there aren’t any records.

After a file search, we have located no records responsive to your application. Therefore, it is my understanding, pursuant to clause 7(2)(b) of the Act, that the Office of the Premier does not have custody or control of records which would respond to your application.
I am unaware of a department or agency which would hold such records.

Either Nova Scotia is completely unaware that Pfizer was ordered to turn over these documents (possible), or they just ignored it altogether. Both are bad options.

That same resident also asked how explanations and documents are calculated. How exactly is the math done to come to these dire predictions and warnings? A response package did come, although the answers are pretty confusing and convoluted.

Even if these numbers were to be taken at face value, there are still several serious cracks that appear in the logic:

  • The categories are “0”, “2”, and “3” doses. This means that anyone who hasn’t has at least 2 shots (with the exception of Johnson & Johnson), would be viewed as unvaccinated. What about people who took a single shot and then realized their mistake?
  • The counter doesn’t move until 14 days after a shot. Therefore, people who were injured (or died) in less than 2 weeks after that second shot would still be viewed as unvaccinated.
  • They do “age adjusting”, on the grounds that older people would be at a higher risk. However, older people are at a higher risk of dying REGARDLESS of these shots, or fake virus.
  • The BCCDC admitted in April 2020 that PCR tests can’t actually determine if someone has an infection. As such, these are useless. (See archive).
  • There’s no proof this virus exists.
  • The definition of a “Covid death” is completely fraudulent, as addressed earlier.

Given how subjective the definitions are, the data is essentially meaningless. This has been brought up a number of times.

2. DEFINITION FOR DEATHS DUE TO COVID-19
A death due to COVID-19 is defined for surveillance purposes as a death resulting from a clinically compatible illness, in a probable or confirmed COVID-19 case, unless there is a clear alternative cause of death that cannot be related to COVID disease (e.g. trauma). There should be no period of complete recovery from COVID-19 between illness and death.
.
A death due to COVID-19 may not be attributed to another disease (e.g. cancer) and should be counted independently of preexisting conditions that are suspected of triggering a severe course of COVID-19.

Unfortunately, this is for real. The WHO actually provides this incredibly vague and meaningless definition. (See archive here). Odd that the heavily subsidized mainstream press hasn’t been asking questions about that.

The “case definition” is also pretty sketchy. There’s no requirement at all that any actual virus be isolated or demonstrated to exist. WHO’s March 2020 (Page 3), and September 2020 (Page 8) explicitly state that routine virus isolation is not recommended for diagnostic testing.

Concerning, isn’t it? The Government keeps detailed statistics concerning hospitalizations and deaths, but tweaks the values to make them more frightening. There’s apparently no interest in the data that Pfizer only gave up under a Court order. Also, the Strang Regime seems not to case about cases and deaths in any meaningful way.

One might think that the Nova Scotia authorities don’t really have the public’s best interests at heart. Strange, considering it’s a registered charity.

And if you haven’t seen Christine Massey’s work with Fluoride Free Peel, go do that. There are some 200 or so FOIs showing that no one, anywhere in the world, has ever isolated this “virus”. It’s never been proven to exist. There’s no point having a discussion on what treatments are beneficial, until the existence of this is demonstrated. Other interesting reads are apocalypticyoga, by Bill Huston, Stormhaven, by William Ray, and What’s Up Canada by Wayne Peters.

DOCUMENTS
(1) 2022-01410-PRE Decision Letter signed
(2) 2022-01337-HEA Decision Letter
(3) 2022-01337-HEA Applicant Package

PREVIOUS FOI RESULTS FROM NOVA SCOTIA
(A) https://canucklaw.ca/nova-scotia-foi-response-tacitly-admits-there-is-no-wave-of-hospitalizations/
(B) https://canucklaw.ca/nova-scotia-foi-result-province-refuses-to-turn-over-data-studies
(C) https://canucklaw.ca/more-foi-requests-from-nova-scotia-trying-to-get-answers-on-this-pandemic/
(D) https://canucklaw.ca/nova-scotia-foi-request-shows-province-reduced-icu-capacity-in-recent-years/
(E) https://canucklaw.ca/nova-scotia-foi-shows-province-has-no-evidence-asymptomatic
(F) https://canucklaw.ca/nova-scotia-foi-province-refuses-to-turn-over-contract/
(G) https://canucklaw.ca/nova-scotia-foi-19-1-million-spent-on/
(H) https://canucklaw.ca/nova-scotia-foi-no-real-increase-in-deaths-due-to-pandemic/
(I) https://canucklaw.ca/nova-scotia-foi-more-deaths-as-vaccination-numbers-climb/
(J) https://canucklaw.ca/nova-scotia-foi-govt-data-on-deaths-by-age-vaxx-status/
(K) https://canucklaw.ca/nova-scotia-foi-another-data-dump-on-cases-vaxx-rates/
(L) https://canucklaw.ca/freedom-of-information-requests-canuck-law/

B.C. Supreme Court Throws Out 4 Cases Involving Vaccine Passports

The British Columbia Supreme Court handed down 4 related rulings this week, each against freedom and bodily autonomy in the Province. All had to do with the so-called “vaccine passports” that were brought here in September 2021.

The decisions all came from Chief Justice Hinkson. The impression one can get is that there was little interest in preserving the rights of the petitioners. It’s pretty scary how the “trust the experts” mantra can trump actual rights. There was apparently no real issue with limiting people’s personal and social lives in order to coerce them into taking an unknown concoction.

The Vancouver Sun did a decent job of covering the rulings.

Kassian v. British Columbia, the Canadian Constitution Foundation was granted public interest standing. The petitioners were seeking exemptions to the vaccine passport system. However, the petitioners undercut their own arguments (paragraph 52), since they support the passes in general, but simply want proper exemptions to be built in. The Court said these proceedings were premature, as not all options had been exhausted.

Eliason v. British Columbia (Attorney General), was primarily aimed at the Food and Liquor Serving Premises Order” and “the Gatherings and Events Order. It was noted that the College of Physicians and Surgeons of B.C. gave guidelines to strictly limit exemptions. Ultimately, it was decided that there were other remedies available (such as seeking exemptions), and that going to Court shouldn’t be the first option.

Maddock v. British Columbia, challenged the Food and Liquor Serving Premises (December 22, 2021), and the Gatherings and Events & Food and Liquor Serving Premises Orders. Apparently it wasn’t enough to simply refuse a vaccine or not to be interested in it. The Judge decided that Bonnie Henry acted within her authority, and declined to vary the Orders.

Canadian Society for the Advancement of Science in Public Policy v. British Columbia, the court found that refusing to let people participate in “discretionary activities”, and didn’t violate human rights. Specifically, this referred to the Food and Liquor Serving Premises Order (“FLSP Order”) and the Gathering and Events Order (“G&E Order”). Bonnie Henry, the unelected BCPHO, was within her rights making such orders. CSASPP was denied public interest standing, while its Executive Director, Kipling Warner, was granted private interest standing.

Do read the decisions above. The commentary provided doesn’t really do justice, given how long the reasons are.

On the bright side, these petitioners at least got their day in court. Some constitutional rights lawyers struggle to form coherent sentences and arguments.

In each of these challenges, the Government tried to use “mootness” as a defense. In other words, it was argued that since the orders were expired, the judge should not consider them.

Interestingly, none of these cases involve challenges to the Public Health Act itself. It’s been covered here before many times how the 2005 Quarantine Act is really just domestic implementation of the 3rd Edition of the International Health Regulations. Also, the Public Health Agency of Canada, PHAC, is a de-facto branch of the World Health Organization. The W.H.O. Constitution is something else that erodes national sovereignty.

In fairness, these reviews are limited in scope. But it would be nice to have these issues brought up at least once. Unfortunately, the depth of this scam, including lack of proof a virus exists, seems off limits to most challengers.

(1) https://www.bccourts.ca/supreme_court/recent_judgments.aspx
(2) Kassian v. British Columbia, 2022 BCSC 1603
https://www.bccourts.ca/jdb-txt/sc/22/16/2022BCSC1603.htm
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1603/2022bcsc1603.html
(3) Eliason v. British Columbia (Attorney General), 2022 BCSC 1604
https://www.bccourts.ca/jdb-txt/sc/22/16/2022BCSC1604.htm
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1604/2022bcsc1604.html
(4) Maddock v. British Columbia, 2022 BCSC 1605
https://www.bccourts.ca/jdb-txt/sc/22/16/2022BCSC1605.htm
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1605/2022bcsc1605.html
(5) CSASPP v. British Columbia, 2022 BCSC 1606
https://www.bccourts.ca/jdb-txt/sc/22/16/2022BCSC1606.htm
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1606/2022bcsc1606.html
(6) https://vancouversun.com/news/local-news/bc-chief-judge-dismisses-four-challenges-to-covid-health-orders
(7) https://www.fluoridefreepeel.ca/fois-reveal-that-health-science-institutions-around-the-world-have-no-record-of-sars-cov-2-isolation-purification/

OLDER RULING
(A) Beaudoin v. British Columbia, 2021 BCSC 248, BCSC 248
https://www.bccourts.ca/jdb-txt/sc/21/02/2021BCSC0248.htm
https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc512/2021bcsc512.html

O.C.T. Discipline Hearing To Be Held For Ryan Imgrund, Former “Pandemic” Expert

Ryan Imgrund made a name for himself with his endless “Covid-19 death wave” predictions. Despite working as a high school teacher for a career, he was touted by the media as an expert. Now, he’s back in the public spotlight for an entirely different reason.

The Ontario College of Teachers has sent notice of a discipline hearing relating to allegations involving some of his students. (See archive).

According to O.C.T. records, Imgrund was eligible to teach as of June 2003. April 2022, his license was temporarily suspended. It was cancelled completely in June of this year.

The complaint cites psychological or emotional abuse or students, as well as sexual abuse of at least one student. The specifics in the complaint are listed below.

The details (if true) allege a pattern of not respecting professional boundaries between himself and his student over a prolonged period. There are 5 students listed, with personal details redacted to protect their identities.

At this time, no dates for the hearing have yet been set. Nor is it clear how much time any further investigations will take.

This should be obvious, but will be mentioned anyway: at this point, these are only allegations. Nothing has yet been proven.

Imgrund had been covered on this site before, primarily because of his role in facilitating mass panic.

Since March 2020, he listed his work history as “Biostatistician / Corporate Consultant” and doing this as a form of self employment. Apparently, he earned a living “discovering, analyzing and interpreting scientific, mathematical, economic and retail trends”. All of that said, he was most well know for making doomsday predictions around virus infections.

But something else about his biography never made sense. His LinkedIn page states he was working at PHAC, the Public Health Agency of Canada, from 2000 until 2009. (See archive). This doesn’t seem plausible, as he would have been a university junior at that time, and presumably very busy.

It also doesn’t add up since PHAC didn’t come into existence until 2004. It was done by Order in Council, and extensively outlined here. This is far more than simple resume padding.

In any event, Imgrund’s side gig as a television expert seems to have come to an end. He hasn’t appeared since news of the suspension broke earlier this year. We’ll have to see how events unfold.

(1) https://oct.ca/NOHStream.pdf?documentType=NOH&id=1077&lang=E
(2) Imgrund Discipline Hearing Notice
(3) https://oct.ca/members/complaints-and-discipline/disciplinary-hearing-details?RegistrationId=463065
(4) https://apps.oct.ca/FindATeacher/memberdetail?id=463065

(5) https://twitter.com/imgrund
(6) https://www.linkedin.com/in/ryan-imgrund-aa944b85/
(7) https://archive.ph/OkkFr
(8) https://www.canada.ca/en/public-health/corporate/mandate/about-agency/history.html
(9) https://www.raptorsrepublic.com/2020/10/06/the-interview-ryan-imgrund-biostatistician-imgrund/
(10) https://www.cbc.ca/news/canada/ottawa/statistician-worried-back-to-school-plan-risky-1.5671012
(11) https://www.sickkids.ca/siteassets/about/about-sickkids/sickkids-annual-report-2019-2020.pdf
(12) Sick Kids Hospital Major Donors
(13) https://canucklaw.ca/cv-29-the-financial-ties-between-sick-kids-hospital-and-the-gates-foundation/
(14) https://www.newmarkettoday.ca/coronavirus-covid-19-local-news/how-a-newmarket-biostatistician-is-using-rt-to-track-the-impact-of-reopening-2515509 for them.
(15) https://southlake.ca/foundation/about/your-investment-in-southlake/

Will The VCC July 6, 2020 Suit Be Targeted Next?

As covered recently, Action4Canada’s rambling and incoherent suit was struck in its entirety by the B.C. Supreme Court. This was entirely predictable, as outlined here a year ago.

In a bit of a twist, the Judge didn’t completely throw the case out. He said that there were potentially valid issues. Instead, the pleadings were so shoddy that they had to be redone throughout.

Now, there’s another question to ask: will the July 6, 2020 suit with Vaccine Choice Canada be attacked next? It contains essentially the same serious defects as its counterpart. The Ontario Attorney General could make use of the A4C ruling to bolster a coming Motion to Strike.

Even back in November 2020, it was obvious that nothing was going to happen.

In addition to the above concerns, there are some others to look at:

1. Motion To Dismiss For Failure To Prosecute

In this context “failure to prosecute” means a failure to advance the case. The person(s) or group that initiates proceedings (Plaintiff, Applicant, Moving Party, Appellant, etc…) have an obligation to keep the case moving and active. With Vaccine Choice specifically, the suit was filed on July 6, 2020, and sat inactive for more than 2 years. True, CBC has been released as a Defendant, and Nicola Mercer has filed a Statement of Defense. However, others could try to get a dismissal for inactivity.

Rule 24 of Civil Procedure outlines a number of reasons to dismiss for delay, and gives a guideline of 6 months. It’s unclear though how strongly this is enforced.

It has to be asked why there was no attempt to secure a Default Judgement if other other side wasn’t responding. Had they not all been served? CBC claims — or at least implies — they weren’t.

2. Motion To Dismiss For “Mootness” Of Issues

According to Nicola Mercer’s SoD, paragraphs 25 and 26, the issue of various Orders is “moot” because they have long since expired. In the legal world, mootness means irrelevance, as these are issues that the Court can no longer try.

Think of it this way: would it make sense to go to Family Court for child custody once they are adults? Probably not.

Granted, the Plaintiffs can always ask for an injunction to prevent similar Orders in the future. However, it speaks volumes that the case was allowed to sit for years. Obviously, there was no real effort or urgency in getting them thrown out. The suit may well get tossed (at least in part) for this.

3. Dismissal Under Statute Of Limitations

Typically, there are time limits regarding how long a person can go to Court to seek a remedy. The reasoning goes that it isn’t beneficial to litigate ancient wrongs after a certain point. While there are exceptions, the Ontario Limitations Act, Section 4, specifies 2 years for most things. This is referred to as the “Basic Limitation Period“.

Why does this matter? Because the Statute of Limitations is typically an absolute bar to proceedings. The Vaccine Choice Canada case clearly isn’t going anywhere. If any of the Plaintiffs were to discontinue, and then refile elsewhere, they would be prevented from bringing issues over 2 years old.

In essence, this has been a great way to run out the clock.

4. Dismissal As Suit Brought For Improper Purposes

This should be obvious, but the only reason someone is allowed to file a lawsuit is to take it to Trial. The person(s) has to believe that there is a strong case, and that it can be won on the merits.

By contrast, the July 13, 2022 livestream with Vaccine Choice Canada suggests other motivations at play. Justifications such as “taking a shot across the bow” or of “educating the public”, or of “getting a response” are offered up. Problem is: all of this is illegal. None of these are valid reasons to sue. It’s entirely possible the lawsuit could be thrown out just based on these statements.

In that livestream, it’s asserted that Summary Judgement will be sought against the Defendants. That’s funny. This is when a Judge determines that either there’s not valid defense, or a valid case. If anything, this would be used in favour of throwing out the suit.

There has been boasting that this suit was “leverage” to implement mask exemptions. Action4Canada makes similar statements with respect to their suit. It’s hard to see how, given how poorly the Claims were written. Even if true, it’s not a valid reason to file.

5. Dismissal Over Potential Conflict Of Interest

An observant person might notice a few other things.

(Page 24) April 20, 2021 Application Of Various Police Officers
(Page 20) April 20, 2021 Application Against Masks On School Children

This is potentially a serious problem. Denis Rancourt is listed as an expert witness in 2 Applications filed in 2021. He’s also a Plaintiff in the above Vaccine Choice suit. A Judge likely wouldn’t view him as an impartial expert witness if he has an interest in a related matter. Yes, his background is impressive, but this still wouldn’t sit well.

Worth noting, both Applications above could probably be dismissed as well for delay, mootness, and failure to prosecute. They’ve been inactive since April 2021.

Would it be nice to see the Courts completely and permanently block these medical martial law measures? Absolutely it would. However, these are clearly not the cases that will do that. These are nothing more than money pits.

People really need to ask the hard questions, such as: (a) how much money has been raised; and (b) where has it gone?

Will the Ontario Attorney General go after the July 6, 2020 VCC case?

VACCINE CHOICE CANADA COURT DOCUMENTS
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service

ACTION4CANADA COURT DOCUMENTS
(1) A4C Notice of Civil Claim
(2) A4C Response October 14
(3) A4C Legal Action Update, October 14th 2021 Action4Canada
(4) A4C Notice of Application January 12
(5) A4C Notice of Application January 17
(6) A4C Affidavit Of Rebecca Hill
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19
(9) https://action4canada.com/wp-content/uploads/Application-Record-VLC-S-S217586.pdf
(10) https://drive.google.com/file/d/1BfS_MyxA9J11WeYZmk8256G7GsWEFZ62/view
(11) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html

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