Category: Vaccines

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Canada Post Employees Appeal Dismissal Over Arbitration Requirements, Faulty Pleadings

Employees at Canada Post (a.k.a. the “Posties”) are trying to appeal a March 2024 ruling that saw their lawsuit struck, without an opportunity to amend. Rule 51 of the Federal Courts Rules allows for findings of Associate Judges to be reviewed by way of Motion. However, it wasn’t the Court that screwed them over, but their counsel.

They should have been advised from the beginning that filing the lawsuit in the first place was a dead end, with no chance of success. Or perhaps they were….

Backstory Of What’s Been Going On

For context: back in the Spring of 2022, an Arbitration Panel ruled against employees at Canada Post. The Union had challenged the new policy requirements for injections that the Federal Government had brought in. Understandably, many workers weren’t happy about it.

The Canadian Union of Postal Workers, or CUPW, is the group representing employees. There is, of course, a collective bargaining agreement that everyone is expected to follow. Article 9 specifies the grievance resolution process, and binding arbitration is the end. Arbitration is considered to be final, as it’s an alternative to going to Court. Although the CUPW did fight for its workers, they still lost. Arbitrator Thomas Jolliffe ruled against them.

However, if the process is unfair, there’s often a way to have it looked at. This is done by an Application for Judicial Review. It’s analogous to appealing an unfavourable ruling, if not handled properly. But that’s not what ended up happening.

Leighton Grey, an Alberta lawyer, apparently convinced a few hundred employees to ignore the decision of Arbitator Jolliffe, and the grievance process altogether. June 2022, he filed an 18 page Statement of Claim. Yes, he sued Canada Post, instead of asking the earlier decision to be reviewed.

The Claim itself was very poorly written, and lacked much of the necessary information to proceed. It pleaded no facts whatsoever about individual Plaintiffs — remember, it was only 18 pages — and didn’t provide the necessary particulars to support allegations of bad faith and malice. There was also the problem that while Canada Post was a Crown Corporation, legally, it was considered separate from the Government.

For the next year, and file was largely inactive. The Claim was later amended, and not for the better. Eventually, the Court ordered the case to advance, so the Defendants moved to have the case thrown out.

And the case was eventually struck, without Leave to Amend. Plaintiffs weren’t allowed to sue, just because they were unhappy with the Arbitration results. Moreover, the Claim wasn’t pleaded anywhere close to properly.

At least some of those clients now have a new lawyer, Jason Gratl. He’s now seeking an extension of time to file a Rule 51 Motion for Reconsideration. An included Affidavit also alleges Grey didn’t file Notice of Motion as expected.

Timeline Of Events Leading To This Point

This is a follow up to a March 2024 article on the Canada Post lawsuit. Even more background information is here, to help understand the chain of events. It’s important to note that the CUPW went through the full arbitration process — as required — prior to this lawsuit commencing.

Leighton Grey Implies Federal Court “Rigged” Outcome

In a post on Twitter, Grey comments about a case involving over 300 military veterans being struck. That too was struck for the 2 main reasons: (a) not following prescribed grievance scheme/lack of jurisdiction; and (b) failure to properly plead the Statement of Claim.

“Same judge”
“Same judgment”
“Same reasons”
“Same comments”
“Even the same costs”
“Is anyone else seeing a pattern?”

Yes, there obviously is a pattern. 2 grossly inept and incompetent lawyers — Grey and Catherine Christensen — filed claims when there was no jurisdiction to do so. Neither of them pleaded their cases with anywhere near the detail necessary to advance a suit anyway.

However, in the way this is presented, it looks as though Grey implies Associate Judge Coughlan has been deliberately fixing her decisions. Although careful not to state it directly, it’s the impression that his audience would be left with. He suggests that she, and perhaps the entire Federal Court, is corrupt.

Should lawyers be actively working to undermine trust and confidence in the Judiciary? That’s what it looks like Grey is deliberately doing.

There’s also the issue raised that Canada Post, a Crown Corporation, is considered separate from the Government. While pedantic to many, it was raised at the hearing.

Valour Legal Action Centre, the firm Christensen runs, tweeted out similar comments, implying that Associate Judge Coughlan fixed that one as well. These are very risky things to say, especially in light of the very legitimate errors raised in the respective cases.

Accusing the Federal Court, and Associate Judge Coughlan, of “hiding behind the grievance system”, amounts to an allegation of corruption. Is this wise to post on Twitter?

Grievance/Arbitration Requirement Bars Court Action

Canada Post is a unionized workplace, and there are systems in place to handle grievances. This is spelled out in Article 9 of the collective bargaining agreement. Most relevant is the requirement to seek arbitration if other, lesser methods fail. An Arbitrator’s ruling is to be considered final. There is no inherent right to sue.

As for the Canadian Government itself, legally, it’s distinct and separate from the Crown Corporations — yes, unfair — despite Canada Post obeying its orders to force injection mandates.

Arbitration didn’t go the way the workers wanted, so Grey sued the company anyway. Having the case struck for lack of jurisdiction was entirely predictable. However, he implies that the Federal Court had predetermined the outcome.

Grey also filed lawsuits against: (a) Canadian National Railway; and (b) Purolator in recent years. He’s well aware of this issue, as counsel in those cases have raised it as well.

As for the new lawyer, Jason Gratl, he’ll have a difficult time with his Rule 51 Motion, assuming he gets the time extension. In theory, a competent lawyer could plead a new Statement of Claim properly. That said, the lack of jurisdiction is fatal. No amount of pleading facts or detail will get around this, which makes one wonder why he’s doing this at all.

Rule 51 Motions are meant to correct errors made by the Associate Judge. They’re not a way to fix a mess created by incompetent counsel.

Statement Of Claim Not Pleaded Properly, Once Again

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

Regular readers on this site will have heard of Rules 174 and 181 of the Federal Court Rules. Similar provisions exist in all Provincial Courts as well.

However, Grey doesn’t do this at all. The Statement of Claim is just 18 pages, and there’s no information pleaded about any specific Plaintiff. “Facts” is supposed to include the who, what, where, when and how of events unfolding. There has to be enough detail about each Plaintiff that the Defendants can respond.

Grey doesn’t plead any facts that would establish any Charter breaches either. There are specific requirements that have to be met for each tort that each Plaintiff is raising.

Facts Required For Section 2a (Religion) To Be Considered

(1) that he or she sincerely believes in a practice or belief that has a nexus with religion, and
(2) that the impugned state conduct interferes, in a manner that is non‑trivial or not insubstantial, with his or her ability to act in accordance with that practice or belief

https://www.canlii.org/en/ca/fct/doc/2017/2017fc1092/2017fc1092.html#22

Facts Required For Section 7 (Security) To Be Considered

(1) plaintiff must plead facts to establish a deprivation of their right to life, right to liberty or right to security of the person.
(2)The claim must then set out facts to show that any deprivation of these rights was effected in a manner contrary to the principles of fundamental justice.

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2732/2022onsc2732.html#par69

Facts Required For Section 15 (Equality) To Be Considered

(1) on its face or in its impact, the state action creates a distinction based on a prohibited ground (either enumerated or analogous); and
(2) the state action imposes burdens or denies a benefit in a manner that has the effect of reinforcing, perpetuating or exacerbating disadvantage

ENUMERATED GROUND ANALOGOUS GROUND
Explicitly In Charter Recognized By Courts
Race Sexual Orientation
National/Ethnic Origin Marital Status
Colour Off-Reserve Band Member
Religion Citizenship
Sex –
Age –
Mental/Physical Disability –

However, “vaccination status” has never been recognized as an analogous ground.

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc2732/2022onsc2732.html#par80

General Formula For Charter Damages Under Section 24

(i) establish whether there has been a Charter breach;
(ii) show why damages are a just and appropriate remedy, having regard to the related functions of compensation, vindication of the right (in question), and/or deterrence of future breaches;
(iii) if the plaintiff is successful in meeting these two steps, the state then has the opportunity to demonstrate that damages are inappropriate or unjust; and
(iv) if the state is unsuccessful, assess the quantum of damages

https://www.canlii.org/en/mb/mbca/doc/2012/2012mbca64/2012mbca64.html#11

And again, Grey would have to plead sufficient facts about each Plaintiff who was invoking these rights. However, there’s no information provided about any of them. No wonder the case was struck. It’s impossible to establish there’s been a Charter breach (part i), when there are no facts pled to even theoretically support such a claim.

As for “pleading particulars”, Rule 181 of Federal Court Rules, Grey makes all kinds of allegations of malice, conspiracy, and malfeasance of public office. He needs to explain the who, what, where, when and how that all of this happened.

Grey includes allegations such as Criminal Code violations — which would get the Claim immediately struck — because a Civil Court has no jurisdiction to hear them.

In fact, there’s no shortages of torts listed, but there are no facts or particulars included that would support a claim for any of them, in favour of any Plaintiff. It’s “Mr. Bad Beyond Argument 2.0”.

A proper Statement of Claim with this many Plaintiffs would be hundreds of pages long. It’s not something that Grey — or this new lawyer — can fix with amendments.

What Happens Now?

The Plaintiffs seeking to have the decision reviewed — which is not all of them — first need to convince the Court to grant an extension of time to have their main Motion heard. The first is a procedural Motion, and in theory, is doable.

Then, they need to be persuasive that Associate Judge Coughlan shouldn’t have thrown the case out completely, that she should have at least given Leave to Amend. This will be difficult, especially with: (a) Court not having proper jurisdiction; and (b) the Statement of Claim being so deficient of necessary information. It seems extremely unlikely for a review to be successful.

Arbitator Jolliffe’s ruling is considered binding.

To be honest, Jason Gratl would have far better luck suing Grey for incompetence, negligence, and malpractice. His performance falls far short of what one should expect from a senior lawyer. At least his clients would get some of their money back.

We’ll have to see how this plays out.

LITIGATION:
(1) Canada Post Statement Of Claim July 2022
(2) Canada Post Amended Statement Of Claim June 7 2023
(3) Canada Post Order Timetable July 2023
(4) Canada Post Defendants Motion Record October 2023
(5) Canada Post Decision Striking Amended Pleading
(6) Canada Post Notice Of Change Of Solicitor November 2024
(7) Canada Post Affidavit of Karine Solakian November 2024
(8) Canada Post Notice Of Motion November 2024

TWITTER:
(1) https://x.com/GreyMatterConvo/status/1858612823900770492
(2) https://x.com/GreyMatterConvo/status/1858635451839508580
(3) https://x.com/GreyMatterConvo/status/1858635720052584917
(4) https://x.com/ValourLegal/status/1858178030369186289

ARBITRATION:
(1) https://www.cupw.ca/sites/default/files/urb-ja-31-2022-ca-en.pdf
(2) Canada Post Collective Bargaining Agreement 2022
(3) Canada Post Arbitration update, February 2022 (removed)
(4) Wayback Machine Archive
(5) CUPW On Some Updates On Arbitration
(6) Wayback Machine Archive On Arbitration Updates
(7) https://www.cupw.ca/en/last-days-arbitration-vaccination-practice-grievance
(8) Wayback Machine Archive Of April 1st, 2022 Update
(9) https://www.cupw.ca/en/arbitrator-dismisses-grievance-against-canada-post%E2%80%99s-mandatory-vaccination-practice
(10) Arbitration Decision (Removed)
(11) Canada Post Arbitration Ruling, Full Text
(12) Wayback Machine Archive Of Arbitration Decision
(13) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont

OTHER LAWS AND DECISIONS
(1) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html#par52
(2) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html#par51
(3) https://www.canlii.org/en/ca/fca/doc/2015/2015fca20/2015fca20.html
(4) https://www.canlii.org/en/ca/fct/doc/2017/2017fc786/2017fc786.html#par32
(5) https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/index.html
(6) https://laws-lois.justice.gc.ca/eng/acts/F-7/FullText.html
(7) https://laws-lois.justice.gc.ca/eng/acts/P-33.3/

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Purolator Injection Pass Lawsuit Dropped in 2023, While Arbitration Succeeded

Purolator is one of the companies that forced employees to make the decision about getting the injections (vaccine passports) in 2021, or risking their employment. The outcome is a year old, but worth reviewing.

Being a unionized employer, there are set procedures to handle grievances. Not following those rules can cause headaches for everyone involved. While many workers objected to this new requirement for injections, they handled it in different ways.

Pathway #1: David Reynolds and Riley Kearns, counsel for the Union, Teamsters Local No. 31, took their case to Labour Arbitration. They brought in their experts to counter the narrative that the shots were necessary. They successfully persuaded Arbitrator Nicholas Glass of the validity of their concerns. In December 2023, he ordered backpay for wages, benefits, and other compensation.

Pathway #2: Leighton Grey, counsel for over 200 Plaintiffs, filed a lawsuit in Federal Court in June 2022. It was amended in December 2022. Despite a few brief Court appearances, nothing ever happened, and opposing counsel threatened to bring a Motion to Strike. The case was discontinued in April 2023.

This article also demonstrates that having a horrible lawyer can ruin the outcome.

Reynolds and Kearns chose the correct path (Arbitration), and pursued the case diligently. They clearly put the work in. On the other hand, Grey chose a method (Court) which wasn’t allowed, and then did nothing to advance it.

The employees who the Union grieved for were compensated for their losses. The employees who went to Court ultimately got screwed over.

It’s unclear from the Arbitration ruling if the Purolator employees who sued would still be eligible for backpay given Arbitration was successful. Either way, going to Court was a complete waste of time and money.

How Canadian Government Defines “Constructive Dismissal”

This is quoted with the disclaimer that yes, the Government did mess around with EI for people who were terminated. Suddenly requiring the injections IS a retroactive change in the conditions of employment. However, this page is still helpful to read for general information.

Definition of constructive dismissal

The phrase “constructive dismissal” describes situations where the employer has not directly fired the employee. Rather the employer has:

  • failed to comply with the contract of employment in a major respect
  • unilaterally changed the terms of employment, or
  • expressed a settled intention to do either thus forcing the employee to quit

Constructive dismissal is sometimes called “disguised dismissal” or “quitting with cause”. This is because it often occurs in situations where the employer offers the employee the alternative of:

  • leaving, or
  • submitting to a unilateral and substantial alteration of a fundamental term or condition of their employment

Whether or not there has been a constructive dismissal is based on an objective view of the employer’s conduct. It is not merely on how the employee perceives the situation.

It is the employer’s failure to meet its contractual obligations that distinguishes a constructive dismissal from an ordinary resignation. The seriousness of the employer’s failure as well as the amount of deliberation apparent in its actions are also important factors.

The employer’s action must be unilateral, which means the employer must do it without the consent of the employee. If it is not unilateral, the variation is not a constructive dismissal but merely an agreed change to the contract of employment.

If the employee clearly indicates non-acceptance of the new conditions of employment to the employer, there has been a constructive dismissal. However, this is only if the employee leaves within a reasonable period (usually short). By not resigning, the employee indicates he accepts the new conditions of employment.

There have been cases where courts have held that there has been a constructive dismissal even though the complainant remains in the employ of the employer. This includes, for example, cases where the employee:

  • continues to work under the new conditions in order to mitigate damages, and
  • either protests the new conditions explicitly or makes it clear that he still reserves the right to take legal action

Unilaterally changing the terms and conditions of employment is constructive dismissal, no matter how politicians like to frame things. And this is exactly the kind of problem that a union should be challenging.

In the case of Teamsters Local No. 31, they did just that.

Teamsters Collective Agreement Mandates Arbitration

Teamsters is the Union representing Purolator employees. And it includes Local No. 31, which is the branch that successfully grieved against the company at a Labour Arbitration. Article 6 of the Collective Bargaining Agreement very clearly spells out the grievance process. And 6.2(d) goes on to state:

6.2(d) “Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to the Arbitration Board as outlined below.”

The next several pages of the document go on to outline the process involved in the grievance process, including deadlines to commencing future step. Suing the employer, or going to Court, is not mentioned anywhere.

Teamsters Union Won At Labour Arbitration

While much of the content on this site covers losses, this one was a win. And it was nice to see employees getting some justice for what had been done to them. Read the entire decision.

569. The hourly paid grievances are upheld. The group grievance is upheld. The grievors are entitled to be compensated for their losses which will include any lost wages and benefits, between July 1, 2022 and their first day of work following May 1, 2023.

570. The owner operators’ grievances are upheld. They are entitled to be compensated for their losses commencing the first date that they lost revenue from being denied the use of a vaccinated relief driver. There is no common end date for their losses at this point. The losses are yet to be determined.

571. Dan Moes’ grievance is upheld with full compensation from the first day of his dismissal, or first loss of revenue from being denied use of a relief driver, whichever came first.

572. The administrative non-attestation termination grievances, either individually or as part of the group grievance, are upheld. These grievors are entitled to the same level of compensation as the other grievors in their category.

573. The res judicata preliminary objection is dismissed.

574. I reserve jurisdiction to determine quantum with respect to all grievances.

575. I reserve jurisdiction on any other matters arising, including interpretation, or implementation with respect to this award.

Teamsters Local No. 31 went to bat for their members at a Labour Arbitration hearing and won. Not all unions backed members, but this one did. And they did it successfully. Lost income was to be paid back.

Plaintiffs In Civil Claim Got Screwed Over

This lawsuit had problems from the very beginning, and this was predictable. Here are the more obvious ones to consider:

  1. Failure to plead necessary material facts
  2. Failure to keep evidence out of the Claim
  3. Failure to properly plead necessary particulars
  4. Failure to properly plead Charter violations
  5. Seeking Relief a CIVIL Court cannot grant
  6. Failure to understand labour law and jurisdiction

These cases: (a) Canada Post; (b) Canadian National Railway; and now (c) Purolator, all came from the same lawyer. They have the same serious defects, and none of them ever went anywhere. Canada Post, a.k.a. “The Posties”, was thrown out on a Motion to Strike, while both CNR and Purolator were dropped. It doesn’t look like anyone received a refund.

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

Rule 174 of the Federal Court Rules is a requirement to plead facts, and it includes pleading facts about all Plaintiffs. There were over 200 (214, if counted right). Instead, there were a handful of sweeping declarations in Claim to cover everyone, and that’s it.

This is paired with Rule 181, a requirement to plead particulars. Grey is claiming that the Government conspired, acted with malice, and intentionally inflicted all kinds of mental and psychological harm. All of this needs to be spelled out in detail, but isn’t done.

And, as outlined above, the Federal Court has no jurisdiction to hear the case at all. The collective bargaining agreement spells out Arbitration. The Courts typically refer to this as the “explicit ouster”, and will routinely throw them out. Grey should know this.

Grey also once again asks the Court for CRIMINAL remedies in a CIVIL Court. This is not allowed. Each type of Court is only set up to hear certain kinds of disputes. There’s also allegations that the Genetic Non-Discrimination Act was violated (despite that being about race and ethnicity).

The probable reason for pleading Criminal Code violations (and others) is to get around the lack of jurisdiction of the Federal Court. If Grey were to simply argue that his clients were wrongfully forced out of their job, or that they were constructively dismissed, the suit would be tossed immediately. So he tries to turn it into something else.

If all of this sounds familiar, it should. “Mr. Bad Beyond Argument’s” cases are filled with these same defects. Although Grey tends to “tone it down” somewhat when drafting pleadings, the similarities are striking. And both lawyers simply recycle their claims, just making minor edits.

Grey’s clients got nothing of value from his work. They (presumably) paid retainers just to have him drop the case 10 months later. They got screwed over. Had they simply allowed their union to represent them at Arbitration, all of this could have been avoided. True, there were no guarantees at Arbitration, but there was always a chance, as opposed to filing a lawsuit.

Why are all the “freedom lawyers” complete idiots?

(1) https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/constructive-dismissal.html
(2) https://teamsters362.com/wp-content/uploads/2021/07/UPS-2020-2025.pdf
(3) https://www.canlii.org/en/ca/cala/doc/2023/2023canlii120937/2023canlii120937.html
(4) Purolator T-1267-22 Statement Of Claim
(5) Purolator T-1267-22 Amended Statement Of Claim
(6) Purolator T-1267-22 Notice Of Discontinuance

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Review Of Canadian National Railway Case, Dropped in 2023

It’s time to review a case that slipped under the radar in 2022 and 2023. This is the CNR, or Canadian National Railway case and their injection mandate (vaccine passport) lawsuit. Yes, it’s considered old, but the information here should be worth it.

To their credit, Rebel News did cover the initial filing, but there doesn’t seem to have been any follow up. Of course, there wasn’t much to report.

The criticism that’s coming may sound like another Galati case, but it’s not. Yes, the errors are virtually identical, so it’s easy to make that mistake.

The lawyer is Leighton Grey, of the firm Grey Wowk Spencer LLP.

For some of Grey’s other work, consider his “Posties” case. He represented employees and former employees of Canada Post. They were faced with job losses in 2021/2022 as a result of the injection mandates. Now, the company has a collective bargaining agreement, which mandates arbitration as opposed to litigation to resolve disputes.

Arbitration did in fact happen, with different counsel, but it went unfavourably towards the workers. Rather than filing for a review, Grey decided to sue Canada Post instead. Quite predictably, the case was thrown out on a Motion to Strike, as there was no jurisdiction for the Courts. There was also the problem that Grey didn’t plead his case properly, and it would have been struck anyway.

Grey had another lawsuit on behalf of Purolator workers, but the same problems arose. He didn’t have jurisdiction to file the case — as arbitration was mandatory — and it wasn’t pleaded properly. It was eventually dropped. That will be covered in the future.

These are at least 3 cases: (a) Canada Post; (b) Purolator; and (c) Canadian National Railway, where a lawsuit was filed by Grey when there was no jurisdiction. These suits were doomed from the start.

As for the O.G., or Original Gangsta “Mr. Bad Beyond Argument”, his work includes: (a) Adelberg; (b) Dorceus; (c) Katanik; and (d) several cases with the CPSO. The Court had jurisdiction over none of them.

It’s still amazing that lawyers always get paid, regardless of how completely, or how often, they screw up their cases. It’s the clients who lose out.

Hundreds of clients are out of luck because counsel failed to follow the Rules of Civil Procedure, and he didn’t follow basic employment law.

What Specific Errors Were Made With CNR Case?

  1. Failure to plead necessary material facts
  2. Failure to keep evidence out of the Claim
  3. Failure to properly plead necessary particulars
  4. Failure to properly plead Charter violations
  5. Seeking Relief a CIVIL Court cannot grant
  6. Failure to understand labour law and jurisdiction

Worth noting: #6 is fatal to the case. Because of the collective bargaining agreements, the Plaintiffs lack jurisdiction to sue. In theory, they could plead that they exhausted all avenues and that the employer wasn’t acting in good faith. A Judge might agree that this is the only available venue, but there are no gurantees.

In any event, lack of jurisdiction wasn’t the only serious problem.

1. Failure To Plead Necessary Material Facts

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

By “material facts”, this means the lawyer has to plead specific information and background about everyone involved. The Statement of Claim is only 14 pages because it doesn’t plead any facts about anyone.

  • Their length of time with the company
  • Their role or position within the company
  • Their specific objection for refusing the injections (religious, health, conscience, etc…)
  • What discipline was taken, or if they quit
  • The specific steps they took to resolve it internally
  • Which union, if any, each Plaintiff belongs to
  • Who was working remotely, and who was physically present
  • Who applied for EI, who was denied, and what reason(s) given
  • What, if anything happened with regard to grievances and arbitration

These are just a few of the details that must be pleaded for each Plaintiff. It’s not optional. A properly written Claim would have been a few hundred pages. Especially with the question of jurisdiction, it must be listed in detail that these people were trying to follow the terms of their agreement, if they had one. Grey put NONE of this in the Claim.

Even if this were a Proposed Class Action (it wasn’t) the Representative Plaintiff(s) would still need to have adequate facts pleaded about their situation. Not a single person pleaded anything.

One of the more ridiculous statements from Grey is that some Plaintiffs are part of a Union — 4 are listed — but that others are not. No Plaintiffs are matched with any, nor are any of the grievance procedures outlined.

2. Failure To Keep Evidence Out Of The Claim

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

The other part of Federal Court Rule 174 also applies. The Statement of Claim goes on at length about scientific declarations about health risks and treatment. Now, this may be appropriate expert evidence to give at a later date, but it doesn’t belong in the Claim itself. Does Grey not know this?

3. Failure To Properly Plead Necessary Particulars

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

Rule 181 of the Federal Court Rules specifics “pleading particulars”. What this means is that actions based on misrepresentation, fraud, breach of trust, etc…. must be spelled out. Procedurally, Defendants cannot be left guessing what they have to respond to.

Grey openly accuses Government officials of conspiring to harm the Plaintiffs, but he doesn’t give any of the detail needed to even theoretically support such allegations.

4. Failure To Properly Plead Charter Violations

Grey’s lawsuit contains “cookie cutter” allegations of Charter violations, such as:

  • Section 2(a) – Freedom of Conscience
  • Section 7 – Security of the Person
  • Section 8 – Freedom from Unreasonable Search and Seizure
  • Section 15 – Equality

However, none of it is pleaded properly. To bring allegations that one’s rights have been violated, each Plaintiff must plead facts that would support these claims. As mentioned earlier, there’s no specific information provided about any of them. The Court would need to know the details of who said and did what. To do this correctly, the Statement of Claim would have been a few hundred pages.

5. Seeking Relief A CIVIL Court Cannot Grant

This is downright embarrassing. At paragraph 1(d) of the Amended Claim, Grey asks the Court for Declaratory Relief that Criminal Code violations have taken place. Yes, he asks a Civil Court to make findings of a criminal nature. That alone is enough to get the case struck.

For reference, Action4Canada and Adelberg were struck as “bad beyond argument”, in part, because they asked for remedies a Civil Court had no jurisdiction over. Grey does the same thing here.

6. Failure To Understand Labour Law And Jurisdiction

The case was dropped ultimately because the Defendants tried to bring a Motion to Strike. This Order from February, 2023 makes it clear what it was about. CNR knew full well that the Court had no jurisdiction, at least for many workers, so the obvious first step was to bring such a challenge.

Although Grey tried to argue a litany of torts, this case was essentially “constructive dismissal”. Since the terms and conditions of employment had been retroactively changed, it amounted to a repudiation of the contract by the employer. This is exactly the kind of issue that unions grieve over.

Most likely, Grey tried to dress it up to get around the lack jurisdiction.

Timeline Of Major Events In This Case

March 4th, 2022: Grey files the Statement of Claim against CNR and the Federal Government. Despite representing over 200 Plaintiffs, the entire document is just 14 pages long.

September 7th, 2022: case management is held to bring a Motion to Strike.

October 11th, 2022: Statement of Claim is amended.

October 28, 2022: first Notice of Discontinuance is filed. Several Plaintiffs want out.

February 1st, 2023: Statement of Claim is again amended.

February 7th, 2023: Order from the Court regarding how to proceed with the Motion to Strike the case.

May 8th, 2023: Most Plaintiffs discontinue.

May 17th, 2023: Grey files a Motion to remove himself as solicitor for the few remaining clients. This appears to be the most work he has actually performed in the case.

June 20th, 2023: Last client discontinues case.

So, what actually happened in this case? The Statement of Claim was amended a few times, and there was some activity on a Motion to Strike. Then the suit was dropped without anything happening. None of the Plaintiffs ever got their day in Court. But their lawyer probably got his money.

(1) CNR T-553-22 Statement Of Claim (March 4, 2022)
(2) CNR T-553-22 Case Management September 7 2022
(3) CNR T-553-22 Amended Statement Of Claim (October 11, 2022)
(4) CNR T-553-22 Notice Of Discontinuance October 28, 2022
(5) CNR T-553-22 Amended Amended Statement Of Claim (February 1, 2023)
(6) CNR T-553-22 Order Regarding Motion To Strike February 7 2023
(7) CNR T-553-22 Notice Of Discontinuance May 8, 2023
(8) CNR T-553-22 Motion For Removal Of Solicitor (May 17, 2023)
(9) CNR T-553-22 Notice Of Discontinuance June 20, 2023

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Rickard/Harrison Motion To Strike: When Concealing Lack Of Citizenship Matters

A Motion to Strike the Claim of Shaun Rickard and Karl Harrison is to be heard in Federal Court later this month. The Government argues that there’s no valid Cause of Action (Issue the Court can rule in their favour on) outside of their s.6 (Mobility Rights) possibly being violated.

And to be clear, this is a private lawsuit for damages. The Plaintiffs aren’t asking for any sort of remedy that would benefit the public. They just want money for themselves. They solicit donations under the guise of “travel mandates challenge”, but it’s very misleading.

Citing significant defects in both the original Statement of Claim and the amended version, the Government has brought a Motion to Strike.

The Notice of Motion brings up a very interesting point: Rickard and Harrison don’t actually plead that they are Canadian citizens. This matters as only citizens are able to invoke s.6(1) Charter Rights. It seemed like a very basic error to make.

The Government also argues that the other Causes of Action (s.7 and s.15) have no basis, but were willing to concede that s.6 might, if properly pleaded.

Rickard and Harrison have brought their own Motion to further amend their Claim, including another version, and it has opened up a can of worms.

The Defendants point out in their response (see page 4) that Plaintiffs aren’t able to amend their pleadings when there is a Motion to Strike pending. Procedurally, this is not allowed. It would result in overlapping Motions if some errors are fixed along the way, or new ones made.

And the other shoe drops.

Rickard wasn’t a Canadian citizen at the time that the “travel mandates” were in effect. He was only a permanent resident. As such, he had no s.6 Charter right to “enter, remain in and leave Canada”. He had been concealing it from the Court, and presumably, donors for the entire time.

Why does this matter? It’s because the Claim is based on violations of 3 sections of the Charter:
-Section 6 of the Charter (Mobility Rights)
-Section 7 of the Charter (Security of the Person)
-Section 15 of the Charter (Equality)

The Section 6 path was probably the only one that stood a chance. In theory, Rickard could have argued Section 6(2), which is Interprovincial travel, and permanent residents have those protections. But he didn’t. Only s.6(1) is referred to.

In their Motion to further amend the pleadings, Plaintiffs allege 3 additional violations:
-Section 12 of the Charter (Cruel and Unusual Punishment)
-Section 19(2) of IRPA (Immigration & Refugee Protection Act)
-Violations of ICCPR (International Covenant on Civil and Political Rights)

However, these cause new problems. None of these new Causes of Action are properly pleaded, and would probably be barred by the Statute of Limitations. It’s also worth asking whether the last 2 weren’t used previously to hide Rickard’s true immigration status.

Why Shaun Rickard Was Ineligible To Invoke S.6 (Mobility) Rights

In the proposed Further Amended Statement of Claim, see page 12, Rickard finally reveals the truth: he was a permanent resident of Canada at the time. He only became a citizen later.

An no, this isn’t some immigration bashing post. There are genuine consequences here.

Mobility Rights
Mobility of citizens
6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

Rights to move and gain livelihood
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.

According to Section 6 of the Charter (Mobility Rights), every citizen of Canada has the right to enter, remain in and leave Canada.

Unlike most Charter issues, this one is specific to citizenship. Think about it. If anyone could enter, remain in and leave Canada, then there would be no borders at all.

Rickard should have been upfront about his status. But then, it would make it much harder to get anyone to donate. Even a quick glance at the Canadian Charter would have had people asking exactly these questions.

Why S.7 (Security) And S.15 (Equality) Claims Will Fail

This is unpopular to say, but neither Rickard nor Harrison was forced to take the injection. They chose not to, and the consequence was making their lives considerably more difficult. Does this amount to pressure and/or coercion? Yes it does, but various Courts have already refused this argument.

Equality Rights
Equality before and under law and equal protection and benefit of law
.
15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Enumerated Grounds:

  • Race
  • National or ethnic origin
  • Colour
  • Religion
  • Sex
  • Age
  • Mental or Physical Disability

So-called “enumerated grounds” are what’s listed in the Charter when it was originally framed. However, the Supreme Court has since recognized other protections, called “analogous grounds”.

Readers won’t want to hear it but “discrimination” based on vaccination status (and related arguments) have already been thrown out by the Courts. Rickard and Harrison offer nothing new.

Analogous Grounds:

  • Sexual Orientation
  • Marital Status
  • Off-Reserve Aboriginal Status
  • Citizenship
  • Income

Infuriating as it may be, “equality” the way the Charter is written doesn’t extend to medical treatment. It’s already been argued in Courts across Canada.

In their response to the Motion to Strike, Rickard and Harrison tacitly admit that some of these issues (such as Section 15 and equality) have been directly addressed by other Courts. See page 22. But their view is that the Federal Court shouldn’t be bound by it.

Section 6 (Mobility Rights) is still somewhat of a new ground, but again, s.6(1) only applies to citizens. Rickard finally admits he wasn’t one in 2021/2022. As such, he can’t claim damages for that, although Harrison still could.

Understanding Different Types Of Proceedings

This Statement of Claim only came about after 4 related Applications for Judicial Review were struck in 2022 for “mootness”. However, the Judge did allow Actions (Statements of Claim) to be filed for damages. Instead of refiling — as permitted — everyone appealed, and lost. 3 of the 4 (not Rickard and Harrison) sought Leave to Appeal with the Supreme Court, and lost.

See Parts 1, 2, 3, 4 and 5 for the backstory.

TYPE ACTION JUDICIAL REVIEW
1st Document Statement of Claim Application or Petition (BC)
Proceeding Type Can Be Very Complex Meant To Be Simplified
Purpose Damages, Various Orders Review Existing Order

The original challenges were in the form of Applications for Judicial Reviews, which are meant to be streamlined challenges to orders from the Government. Actions, on the other hand, can take almost any form.

This Is A PRIVATE Suit For Damages, Not A Mandates Challenge

The first, second and proposed third version of the Statement of Claim only ask for monetary damages for Rickard and Harrison. The documents are filed and publicly available.

Despite their misrepresentations, there’s no Relief Sought whatsoever that would prevent future injection mandates from coming back. This is a private lawsuit.

That doesn’t stop Harrison from offering tax receipts through his corporation, actually a “charity” to partially reimburse donors. That could cause real issues with the Canada Revenue Agency

According to the Government lawyers, they are only now finding out that Rickard wasn’t a citizen at the time, and hence ineligible to claim s.6(1) damages. That was concealed from everyone.

Most likely, Rickard will be struck as a Plaintiff, but Harrison would still be able to proceed with s.6 damages. They’ll probably then ask for more money to appeal.

As an aside, Rickard has another grift going on in Pickering, Ontario. He’s set up another fundraiser to file a lawsuit to “fight wokeness”. However, there are several shortfalls:

  • No content specified in potential suit
  • No lawyer named to pursue the Claim
  • No potential Plaintiff(s) named
  • No mention of specifically which Defendants would be named
  • No mention of obtaining public or private interest standing
  • No guarantee case will actually take place
  • No timeline or deadlines mentioned
  • No mention of refunds if the case doesn’t proceed

It’s still amazing how shameless people can be doing things like this.

Deport them both.

Revoke their citizenship and send them back to the UK.

And while we’re at it, deport the lawyer too, if possible.

FEDERAL COURT APPLICATIONS STRUCK:
(1) https://www.canlii.org/en/ca/fct/doc/2022/2022fc1463/2022fc1463.html

FEDERAL COURT OF APPEAL RULING:
(1) https://www.canlii.org/en/ca/fca/doc/2023/2023fca219/2023fca219.html
(2) Travel Mandates Appeal Bernier Memorandum
(3) Travel Mandates Appeal Peckford Memorandum
(4) Travel Mandates Appeal Rickard-Harrison Memorandum
(5) Travel Mandates Appeal Respondents Memorandum

SUPREME COURT OF CANADA APPLICATIONS FOR LEAVE:
(1) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80713/2024canlii80713.html (Bernier)
(2) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80711/2024canlii80711.html (Peckford)
(3) https://www.canlii.org/en/ca/scc-l/doc/2024/2024canlii80702/2024canlii80702.html (Naoum)

RICKARD/HARRISON STATEMENT OF CLAIM:
(1) Rickard T-2536-23 Statement Of Claim
(2) Rickard T-2536-23 Notice Of Intent To Respond
(3) Rickard T-2536-23 Amended Statement Of Claim
(4) Rickard T-2536-23 Notice Of Motion
(5) Rickard T-2536-23 Motion Strike Statement Of Claim
(6) Rickard T-2536-23 Plaintiff Response To Motion To Strike
(7) Rickard T-2536-23 Motion To Further Amend Claim
(8) Rickard T-2536-23 Further Amended Statement Of Claim
(9) Rickard T-2536-23 Response To Plaintiff Motion To Amend
(10) https://x.com/ShaunRickard67/status/1840070389965128046
(11) https://www.freedomandjustice.ca/donate/
(12) CRA Page Of Institute For Freedom And Justice
(13) Corporations Canada Page

STANDARD OF REVIEW:
(1) https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html
(2) Housen (Highlighted)

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Constructive Dismissal, And Closing The File On Adelberg

Time to close the case on yet another one. The infamous 600+ Plaintiff suit, Adelberg, is before the Supreme Court of Canada with an Application for Leave. What this means is that the Applicants are asking for permission to have an Appeal heard. This will almost certainly be denied.

See parts 1, 2, 3, 4, 5, 6, 7, 8 and 9 for complete coverage.

The main concern for litigants here is that they were forced out of their jobs back in 2021/2022, when the conditions of their work suddenly required multiple injections. These were the “vaccine passports” that became so notorious. Workers were rightfully angry that the rules were being retroactively changed.

What do the Courts call this? Constructive Dismissal.

By unilaterally changing the terms and conditions of employment, the Federal Government has effectively repudiated the employment contracts of their workers. They’re entitled to notice (at a minimum) and to be paid out fully in accordance with any other agreements they have.

As for third parties (Federally regulated employers) who’ve had to implement injection passports, they too have constructively dismissed their workers. The fact that Ottawa forced them to do it is irrelevant.

Instead of taking their problems to the appropriate forum — Arbitration for most — extremely incompetent counsel crashed all of this into the ground.

Contrary to the postings of “the marketing arms“, such as Police On Guard, this isn’t a complex case. A May 2022 lawsuit involving over 600 Plaintiffs was struck for a variety of reasons. The most embarrassing one was the completely shoddy and inadequate quality of the pleadings.

Justice Fothergill called it “bad beyond argument“.

There were a few passing mentions of Plaintiffs having their travel rights restricted, but at the heart of it, this was about employment.

To help make sense of these 600+ Plaintiffs, it’s important to note that the Court classified them into 2 groups for clarification. These are as follows.

Schedule “A” Plaintiffs, Employees Of Federal Government: These litigants had their employment claims struck in their entirety, without the chance to fix the lawsuit. The reason is that they were entitled to grieve employment claims, but not to litigate. This is explained by Sections 208 and 236 of the Federal Public Sector Labour Relations Act, or FPSLRA. In essence, the Federal Court lacked jurisdiction. This comprised approximately 2/3 of them.

Schedule “B” Plaintiffs, Employees Of “Federally Regulated” Employers: These litigants at least in theory would be able to sue the Government. However, the Statement of Claim was so poorly drafted that it would have to be redone anyway. This was the other 1/3 of Plaintiffs.

Schedule “A” Plaintiffs: Employees Of Federal Government

The Federal Public Sector Labour Relations Act, or FPSLRA, is the key to understanding why the Schedule “A” Plaintiffs are completely out of luck. Since they don’t have the right to sue, the Court has no jurisdiction to hear their case, even if it were competently pleaded.

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.

Counsel takes issue with the Federal Court (and later the Court of Appeal) not considering the employment contracts of the Schedule “A” workers prior to striking their claims. But this misses the point. Section 208 FPSLRA gives all Federal employees the right to grieve, and none of them the right to sue. This is regardless of any collective agreements in place. In this sense, the entire Federal Government acts as a giant union.

It’s unclear why counsel keeps citing Weber, the 1995 Supreme Court case, when it effectively shuts down the ability to bring cases to Court if alternative resolution mechanisms are available.

For their response, the Government reiterates that this case (at its heart) is about changes to the terms of their employment agreements. Really, this is constructive dismissal.

In theory, a case could still be brought if each of the Plaintiffs had diligently tried to exercise other options to resolve their case. It would involve overhauling the Statement of Claim, with each person describing what efforts they took. They’d have to provide specifics, and be prepared to submit Affidavit evidence when jurisdiction would inevitably be challenged. They’d have to convince a Judge that there was no other option than to sue. Even then, there are no guarantees, and it could still be tossed out.

Schedule “B” Plaintiffs: Employees Of “Federally Regulated” Industries

173 (1) Pleadings shall be divided into consecutively numbered paragraphs.
Allegations set out separately
(2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

Pleading facts refers to spelling out the who, what, where, when and how that events have transpired. There must be sufficient detail that Defendants are able to at least address the allegations.

Pleading particulars refers to detailing any acts of malice, bad faith, conspiracy, malfeasance, etc… The events must be described in enough detail that they can be responded to.

In spite of the Statement of Claim being 50 pages long, there is stunningly little material.

  • The first 15 pages are just the Style of Cause (naming Parties)
  • The next 9 pages are the Relief Sought (what is asked of the Court)
  • There are 2 pages of background information on the defendants
  • There are 5 pages of “facts”, which are actually potential expert evidence, and don’t belong at this stage of the proceeding
  • There are 6 pages of stating torts, but without pleading necessary facts or particulars
  • The Statement of Claim then just devolves into a Factum, arguing endlessly, but without providing the information needed to respond to by the Defendants

There’s no facts or background pleaded about the Plaintiffs, and only a handful are even named at all.

The Claim also makes allegations of: (a) Criminal Code of Canada violations; (b) breaches of the Nuremberg Code; (c) crimes against humanity; (d) violations of the Helsinki Declaration; and (e) reference the International Criminal Court in the Hague. All of this helped get the case struck, since there’s no jurisdiction for a Civil Court to hear any of it.

Remember, these defects also apply to the Schedule “A” Plaintiffs.

The Schedule “B” Plaintiffs might have had a fighting chance if counsel had argued that the injection mandates amounted to an inducement to breach, or interfere with their employment. That was one path forward. But that would require a competent lawyer.

Court Of Appeal Allows Travel Claims

In a strange turn of events, the Federal Court of Appeal did allow for travel claims to still be brought forward by all Plaintiffs. This applies to both Schedules “A” and “B”. However, these claims weren’t properly pleaded (as always) and are probably moot anyway.

Over $1.2 Million Wasted For Garbage Litigation

Each of the more than 600 Plaintiffs had to pay $1,000 retainer in order for the Statement of Claim to be filed in the first place. Then, when it was struck, counsel demanded another $1,000 from everyone. This totals well over a million dollars. And for what?

Plaintiffs Likely Barred By Statute Of Limitations

Regardless of what happens at the Supreme Court, the Plaintiffs are likely out of luck anyway. It’s not just that the Statement of Claim itself has to be filed within 2 years. Any new allegations in an amended version — that occurred over 2 years ago — are typically barred as well. Since nothing was correctly pleaded in 2022, the time has run out to do it properly.

At least this time, the gross deficiencies of the pleadings themselves aren’t being questioned. This includes the lack of facts and particulars included.

While it may sound impressive to be at the Supreme Court, consider the context. This isn’t the conclusion of some long, complex case. It’s about appealing, once again, a Statement of Claim that was struck for lack of jurisdiction. It’s still at the initial stages, and we’re almost into 2025.

We’re close to the end of the “bad beyond argument” Covid cases. The only major one left is Dorceus, which is out on a Motion to Strike in Ontario. Here are 18 reasons that case will be thrown out.

FEDERAL LAXX PASS CHALLENGE (SCC LEAVE APPLICATION)
(1) Adelberg SCC Leave Application Volume 1
(2) Adelberg SCC Leave Application Volume 2
(3) Adelberg SCC Leave Application Volume 3
(4) Adelberg SCC Written Submissions Applicant
(5) Adelberg SCC Leave Application Volume Respondents
(6) Adelberg SCC Leave Application Reply Submissions

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
(4) https://www.canlii.org/en/ca/fct/doc/2023/2023fc1752/2023fc1752.html#par24
(5) https://www.canlii.org/en/ca/fct/doc/2024/2024fc137/2024fc137.html#par44

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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Stale Dated: Vaccine Choice Canada’s 2019 Lawsuit Passes 5 Year Mark, Still At Pleadings

Back in May 2024, Vaccine Choice Canada discontinued their 191 page claim filed in June 2020. While a Motion to Strike had been postponed, the end result was inevitable. The pleading was so poorly drafted that it would be thrown out by the first Judge to look at it.

But what about their earlier one? Hadn’t there been one filed in October 2019? Yes there was, supposedly under the pretense of challenging mandatory immunization of Ontario students. It has effectively been abandoned. This is what the above video addresses.

  • No Trial ever took place
  • No Trial date set down
  • No Depositions taken
  • No hearings
  • No Motions brought
  • No evidence sworn
  • No case management

Under Rule 48.14 of Civil Procedure for Ontario, the Court is to dismiss a case that hasn’t been set down for Trial within 5 years. True, it would almost certainly be extended if there was significant progress being made, but that’s not the case here. VCC’s case hasn’t proceeded past the pleadings in 5 years.

What do the Rules of Court Procedure have to say about this?

Rule 48.14 outlines the situation, and what can be done about it.

Dismissal of Action for Delay
48.14(1) Unless the court orders otherwise, the registrar shall dismiss an action for delay in either of the following circumstances, subject to subrules (4) to (8):
.
1. The action has not been set down for trial or terminated by any means by the fifth anniversary of the commencement of the action.
.
2. The action was struck off a trial list and has not been restored to a trial list or otherwise terminated by any means by the second anniversary of being struck off.

Status Hearing
48.14(5) If the parties do not consent to a timetable under subrule (4), any party may, before the expiry of the applicable period referred to in subrule (1), bring a motion for a status hearing

48.14(6) For the purposes of subrule (5), the hearing of the motion shall be convened as a status hearing.

48.14(7) At a status hearing, the plaintiff shall show cause why the action should not be dismissed for delay, and the court may,
(a) dismiss the action for delay; or
.
(b) if the court is satisfied that the action should proceed,
.
(i) set deadlines for the completion of the remaining steps necessary to have the action set down for trial or restored to a trial list, as the case may be, and order that it be set down for trial or restored to a trial list within a specified time,
(ii) adjourn the status hearing on such terms as are just,
(iii) if Rule 77 may apply to the action, assign the action for case management under that Rule, subject to the direction of the regional senior judge, or
(iv) make such other order as is just

In theory, a Motion could be brought for an extension of time, but there doesn’t seem to be any arguments that would support this.

It’s also interesting to wonder why the Ontario Government never brought any Motion to Strike this whole time. Given how poorly drafted it is, why not at least try? Perhaps there was collusion between the parties. This would allow the case to remain open, but not advance.

This method allows VCC and their counsel to appear to be challenging Doug Ford, while ensuring nothing ever happens.

So what happened? It’s quite simple.

Vaccine Choice Canada brought a high profile lawsuit in October 2019 that they never intended to advance. They never planned to do anything to fight for medical autonomy in Ontario schools. The organization, and their counsel, have been lying to donors the entire time.

Neither the 2019 or 2020 cases ever went anywhere, and that was intentional.

VACCINE CHOICE CANADA (2019 CLAIM)
(1) VCC – October 2019 Statement Of Claim
(2) VCC – October 2019 Statement Of Defence
(3) VCC – October 2019 Press Release

VACCINE CHOICE CANADA DOCUMENTS (2020 CLAIM):
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Discontinuance Against CBC With Cover Letter
(4) VCC – Mercer Statement Of Defense
(5) VCC – Mercer Affidavit Of Service
(6) VCC – Requisition For CPC Motion To Strike
(7) VCC – Notice Of Motion To Strike
(8) VCC – Factum WEC Wajid Ahmed
(9) VCC – Factum Nicola Mercer
(10) VCC – Factum Federal Defendants
(11) VCC – Factum Of Respondent Plaintiffs

Remember, by checking this link, anyone can SEARCH ONLINE FOR FREE to see what’s happening with various cases. Don’t accept the word of anyone here, but check it out for yourselves. Call the Court, or visit in person if that’s a feasible option.

Ontario Superior Court, Civil Branch
330 University – Toronto
330 University Ave.
Toronto ON M5G 1R7

Court file# CV-19-00629810-0000
Court file# CV-20-00643451-0000

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