A Look Into The Motion To Throw Out Vaccine Choice Canada’s July 2020 Lawsuit

The Ontario Government has filed its Notice of Motion, explaining exactly how and why it wants the July 6th, 2020 lawsuit thrown out. There are more papers to come, but here is the gist of it, according to the Attorney General:

  • The case is frivolous and vexatious
  • The Orders being challenged lapsed long ago
  • The pleadings are written so poorly, it’s impossible to respond to

For context, consider that the Claim was filed in July 2020, and then sat inactive for 2 1/2 years. The first Court appearance (of any kind) was on January 17th, 2023. This was a case conference to schedule dates for a Motion to Strike.

We are approaching the 3 year anniversary of the Statement of Claim being filed.

The case has been idle and inactive for so long that many of the issues it raises are moot, and no longer of relevance. This includes various emergency orders, which have long since expired. This site predicted last Summer that this would happen.

That’s right: the Government is trying to get the case tossed, at least in part, because the orders being challenged lapsed ages ago.

The Notice states that absent a new Declaration of Emergency, it’s impossible to issue more Orders such as under the Reopening Ontario Act.

The Statement of Claim, despite being 191 pages, is lacking in any details or specificity about the orders and regulations that are being challenged. In other words, it’s too vague for the Defendants to meaningfully respond to.

The Notice cites Rule 25.06(1) of Civil Procedure. This refers to the requirement that pleadings contain a concise set of material facts. The Claim certainly does not.

The Notice cites Rule 21.01(1)(b) of Civil Procedure, arguing that the Claim doesn’t disclose a reasonable Cause of Action. In other words, it’s not asking for things that the Ontario Superior Court (Civil) can realistically grant, even if the allegations were proven.

The Notice states: “The pleadings are replete with irrelevant, speculative and bare allegations,
including numerous allegations which are beyond belief or proof. The pleadings are filled with conspiracy theories, including allegations regarding Bill Gates, the World Health Organization, and “a declared agenda to impose global mandatory vaccination, ID chipping, testing and immunity certification on all citizens” that “has been in the works for decades.””

It’s worth mentioning that filling the Claim with non-justicible issues will very likely cause the pleadings to be struck for that reason alone. It happened with Action4Canada in August 2022, and with 600 Federal Plaintiffs in February 2023. In fact, it’s inevitable that those cases will be used as precedents here.

The Vaccine Choice lawsuit is similarly filled with issues that a Civil Court can’t preside over, and makes countless accusations against non-Parties.

Expect a Decision with the words “bad beyond argument” early in the new year.

As for sending a message to the CBC, that will never happen. The lawsuit was discontinued against them in July 2022, after they threatened to being an anti-SLAPP Motion.

Another ground for the Motion is that the Claim is scandalous (pleads evidence), frivolous and vexatious. The Government is claiming that the suit is a waste of everyone’s time, and is very poorly written. If only someone could have spoken up about that years ago.

The dates for various documents to be filed are outlined in this Requisition Form. It doesn’t appear that there will be any Affidavits or cross-examinations to be done, but those are listed anyway.

The undeniable reality is that there was never any attempt — serious or otherwise — to bring this case to Trial. This site has been warning about that since late 2020 and into 2021.

The Applications pushed by Police On Guard and Children’s Health Defense Canada are apparently “moot” as well, and not being advanced. However, neither group makes that clear, and both are still soliciting donations. More on that another time.

The leadership at Vaccine Choice doesn’t deny that nothing has happened with this case. Instead, they offer nonsense justifications about why it’s no longer necessary to pursue. Probably the most common example are claims that simply filing this lawsuit led to exemptions for masks. Even if this were true, what about everything else that was alleged in the papers?

Action4Canada boasts of similar achievements, such as its filing resulting in mask exemptions on B.C. Ferries. Of course, no evidence is ever submitted.

The Motion with Vaccine Choice is scheduled to take place over 1 1/2 to 2 days. Currently, January 30th and February 1st, 2024 have been set aside. Watching via Zoom should be an option.

*A small disclaimer: this appears to have been only filed by the Ontario Defendants. It’s possible that other Notices will be coming as well. They have until June 30th. However, the issues raised will be similar, if not virtually identical.

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
(5) VCC – Requisition For CPC Motion To Strike
(6) VCC – Notice Of Motion To Strike

CSASPP Class Action Certification Hearings To Resume On Monday, April 24

Monday, April 24, the B.C. Supreme Court in Vancouver is set to resume certification hearings for a proposed class action lawsuit. It was brought by a group called CSASPP, the Canadian Society For The Advancement Of Science In Public Policy.

This is not a Trial, but simply procedural hearings to determine if the class action is to be certified (approved), and can go ahead. Even if certified, there is still a lot to be done afterwards.

There won’t be livestreaming of the proceedings, but at least one person, Eva Chipiuk, is promising real-time updates on Twitter. It’s explained here, in a short video clip.

The hearings started on December 12, 2022, and were supposed to have been concluded during the week of the 12th to the 16th. But things took a lot longer than expected, to be blunt.

CSASPP provides a page for their status updates, which is in reverse chronological order. If the court documents themselves are a bit overwhelming, this will provide a “Coles Notes” version.

Videos of the December 2022 hearings are available online.

Should this case go ahead, then Bonnie Henry, the “British Columbia Provincial Health Officer” would likely be forced to testify. And does she ever have things to answer for.

On a side note: it would be nice to see the issue of whether this “virus” exists confronted head on. After all, if the Government is lying about vaccines, masks, lockdowns, testing, contact tracing and pretty much everything else, why should we assume they tell the truth about viruses?

As for the Action4Canada suit, there’s been no amended Notice of Civil Claim filed in the 8 months since the last one crashed spectacularly. The organization is still fundraising, on the premise that it will refile at some point. The group decided to file a baseless appeal, rather than do a rewrite, which was allowed. It’s now used by the B.C. Law Society as a “teaching moment“. Heck, even the OPCA hacks aren’t really pushing this case anymore.

Below are a significant portion of the CSASPP documents. It’s not exhaustive, but should provide readers with much needed background information. These can be saved or duplicated at will.

DOCUMENTS AVAILABLE FROM CASE
(A) CSASPP 20210126 Notice of Civil Claim
(B) CSASPP 20210321 Request for Assignment of Judge
(C) CSASPP 20210331 Response to Civil Claim
(D) CSASPP 20210531 Cease and Desist Letter to Regulators
(E) CSASPP 20210621 CSASPPs Case Plan Proposal
(F) CSASPP 20210621 Dr Bonnie Henrys availability requested
(G) CSASPP 20210731 Defendants Case Plan Proposal
(H) CSASPP 20210813 Requisition for JMC for 1 October 2021
(I) CSASPP 20210817 Demand for Particulars
(J) CSASPP 20210821 Plaintiffs Response to Demand for Particulars
(K) CSASPP 20210913 Oral Reasons for Judgment Short Leave Application Seeking Stay
(L) CSASPP 20210915 Amended Notice of Civil Claim
(M) CSASPP 20211025 Affidavit No 2 of CSASPP Executive Director
(N) CSASPP 20211028 Proceedings in Chambers Defendants Application for Further Particulars
(O) CSASPP 20221101 Affidavit No 3 of Redacted Deponent Redacted
(P) CSASPP 20221102 Dr Henry and HMTKs Application Response for Webcast Application
(Q) CSASPP 20221115 Respondents Requisition Seeking 16 Nov 2022 CPC to Be Held by MS Teams

(1) https://justice.gov.bc.ca/cso/index.do
(2) https://www.covidconstitutionalchallengebc.ca/court-documents
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.covidconstitutionalchallengebc.ca/faq
(5) https://www.covidconstitutionalchallengebc.ca/transparency
(6) https://www.covidconstitutionalchallengebc.ca/hearing-videos
(7) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc2108/2022bcsc2108.html

Association of Doctors of B.C. Wants All Drugs Decriminalized, Previously Backed Vaccine Passport

Doctors of BC (British Columbia) describes itself as “a voluntary association of 14,000 physicians, residents and medical students in British Columbia.” It’s interesting that they refer to it as voluntary, as the group promotes policies that are anything but.

As an aside, lobbying efforts also include having obesity declared a chronic disease. This is because… reasons. There’s also calls for “health equity”, whatever that means.

Advocacy regarding decriminalization and safe supply of opioids with policy paper was published in June 2021. The policy paper contains a statement that calls on the provincial government to dedicate resources to health and social interventions that will have a positive impact on the life trajectories of people who use drugs, including reducing drug toxicity injuries and deaths.

This organization calls for: improving access to substance use prevention, harm reduction, and treatment programs and services, all while making it easier to access those same drugs.

Yes, an association which claims to speak for 14,000 physicians, residents and medical students wants to see all hard drugs in the Province decriminalized. Absurd as it sounds, it gets even worse when looking at other policies they recently advocated for.

The lobbying records also listed: “Advocacy regarding secondary use of EMR data with the outcome of a creation of a governance structure for secondary use of data generated from physician EMRs”, as one of the purposes meeting with M.L.A.s. While this is vague, it’s plausible that this could mean selling patient data (possibly with identifying markers removed) for research.

Another topic was: “Advocacy regarding the development of the legislative framework to expand the Public Interest Disclosure Act (PIDA) with the goal of ensuring physicians are covered by the protections of PIDA.” This would make it easier and less risky to divulge confidential information, although the specifics are not clear.

This was less than 2 years ago, so it’s not ancient. It’s also very revealing into the ideologies of how such institutions are really run.

Doctors of BC applauds the provincial government for its announcement of progressive measures to reduce the transmission of COVID-19 in the province, including the reinstatement of the indoor mask mandate, and the introduction of the BC Vaccine Card requiring mandatory vaccinations in order to access discretionary indoor events. In taking these steps, government is recognizing the threat posed by highly transmissible COVID-19 variants and the mounting pressure on our health care system and to those who work in it.

The Association of Doctors of BC supported (in Summer 2021) the vaccine passport being introduced, as well as mask mandates being reinstated. Matthew Chow, President of the group, wrote glowingly about it.

The Association of Doctors of B.C. says it takes people’s health (including mental health) seriously, but openly supported excluding them from society in order to coerce them into taking mRNA shots.

This also helps explain why no doctors were willing to hand out mask or vaccine exemption letters in this Province. They were all controlled.

For an organization that claims to want to create a healthier Province, it ignores the obvious cause of drug use and overdoses in the last few years: medical lockdown measures. In other words, they supposedly want to fix a problem, but support actions that lead to it getting worse.

Even today, they’re still hyping the vaccines.

Just the previous month, the group released a paper calling for the decriminalization of all illicit drugs in B.C. in the name of health and safety. Specifically, there were goals to:

  • Decriminalization of simple possession of all controlled substances for personal use.
  • Enhanced coordination of and improved access to a range of community-based, culturally appropriate, evidence-informed substance use prevention, harm reduction, and treatment programs and services.
  • Increased access to health and social programs and services to address the social determinants of health.
  • Efforts to separate people from the toxic, illicit drug supply, and prevent unintentional toxic drug poisoning or overdose, including improved access to safer pharmaceutical alternatives.

This isn’t really designed to get people to stop doing drugs altogether, but to have them doing it “safely”. And yes, this is a doctor’s group.

The state of health care in B.C….

(1) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=193&regId=56567406
(2) https://www.doctorsofbc.ca/about-us
(3) https://www.doctorsofbc.ca/news/doctors-bc-supports-provincial-government-actions-calls-mandatory-vaccination-health-care
(4) https://archive.is/YrAle
(5) https://www.doctorsofbc.ca/presidents-blog/government-makes-good-moves-we-need-more-curb-covid-19
(6) https://archive.is/FguBF
(7) https://www.doctorsofbc.ca/presidents-blog/government-makes-good-moves-we-need-more-curb-covid-19
(8) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18022
(9) https://twitter.com/VCHhealthcare/status/1643026387425714176

Vaccine Choice Canada’s OTHER Lawsuit: Dormant After 3 1/2 Years

Often in court cases, the information being eventually drops off. As a result, many lose track of interesting claims that they were otherwise interested in. An October 2019 suit with Vaccine Choice Canada is one such case. This is case #CV-19-00629810-0000, filed in Ontario Superior Court, in Toronto.

This isn’t to be confused with the high profile suit of July 2020. This was filed to challenge lockdown measures imposed (primarily) by the Ford Regime in Ontario. These are quite different. The 2019 suit covered vaccination policies in schools.

While there are 2 different cases, they have something in common: both have sat idly for years, without any activity to show for it.

Thankfully, we’re in an age where case status can be SEARCHED online, and documents can often be obtained for free. As there had been no announcements since 2019, an update is long overdue. And as it turns out, there’s nothing to report. Nothing has happened since the pleadings in later 2019/early 2020.

Nor does it seem like the 2019 case has had a single hearing.

So, what happened with all the donations?

And that’s interesting, considering some of the problems with the drafting.

1. Should Have Been An Application, Not A Statement Of Claim

Applications for judicial review
2 (1) On an application by way of originating notice, which may be styled “Notice of Application for Judicial Review”, the court may, despite any right of appeal, by order grant any relief that the applicant would be entitled to in any one or more of the following:
.
1. Proceedings by way of application for an order in the nature of mandamus, prohibition or certiorari.
2. Proceedings by way of an action for a declaration or for an injunction, or both, in relation to the exercise, refusal to exercise or proposed or purported exercise of a statutory power.

Section 2 of the Judicial Review Procedure Act lays out some circumstances which cases need to be brought as an Application for Judicial Review, as opposed to having more discretion to file a Statement of Claim.

Page 6 of the Statement of Claim makes it clear that both a Mandamus (requirement to perform a duty) and a Prohibition (a restriction) are being sought. As a result, it looks like the wrong paperwork was filed to get this going.

2. Suit Should Probably Have Been Filed In Divisional Court

Application to Divisional Court
6 (1) Subject to subsection (2), an application for judicial review shall be made to the Divisional Court.

Application to judge of Superior Court of Justice
(2) An application for judicial review may be made to the Superior Court of Justice with leave of a judge thereof, which may be granted at the hearing of the application, where it is made to appear to the judge that the case is one of urgency and that the delay required for an application to the Divisional Court is likely to involve a failure of justice.

Section 6 of the Judicial Review Procedure Act states that an Application for Judicial Review must be brought in Divisional Court. Now, it’s possible to get permission to file in Superior Court, but it doesn’t look like that ever happened. Nor does it appear that it was attempted.

3. Rules Of Civil Procedure Not Followed In Drafting Claim

To Any Party on a Question of Law
21.01(1) A party may move before a judge,
(a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or
(b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defence,

Rules of Pleading — Applicable to all Pleadings
Material Facts
25.06(1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved.

Pleading Law
25.06(2) A party may raise any point of law in a pleading, but conclusions of law may be pleaded only if the material facts supporting them are pleaded.

Documents or Conversations
25.06(7) The effect of a document or the purport of a conversation, if material, shall be pleaded as briefly as possible, but the precise words of the document or conversation need not be pleaded unless those words are themselves material.

Nature of Act or Condition of Mind
25.06(8) Where fraud, misrepresentation, breach of trust, malice or intent is alleged, the pleading shall contain full particulars, but knowledge may be alleged as a fact without pleading the circumstances from which it is to be inferred.

This is a common criticism. The Rules of Civil Procedure need to be followed when drafting lawsuits. The people being sued need to have enough specific information to understand the allegations against them. It also has to be written in a way that’s understandable.

The Ontario Government also claims that the Sections 2 and 7 Charter challenges are so vague and non-specific that they are impossible to respond to.

4. VCC Has To Plead For Public Interest Standing

Starting on page 10, the Statement of Defence argues that there is no standing here, as the organization is not a person, and not directly impacted. This is funny.

There is a way for organizations to do this, and they have to convince the Court that they meet a 3 part test. That’s how standing is granted.

(1) Does the Application raise a serious justiciable issue?
(2) Do the Organizations have a real stake or genuine interest in that issue?
(3) Is the participation of the Organizations a reasonable and effective way to litigate?

Granted, a well written document could probably have gotten them standing, but it still needs to be covered.

Then again, if the case was never intended to go forward, then maybe it’s not necessary to write a Claim or Application properly.

5. Why No Attempt To Get Claim Thrown Out?

Why keep covering these grifts? Because the truth matters.

This isn’t to suggest that there weren’t real issues to bring to Court. Obviously, there were, and they deserve considerable media attention. However, the case has just sat idly for years now.

A question worth asking is why the Ford Government has made no attempt to get this case thrown out (struck) since it was filed in October 2019. No action has been taken to bring it forward either. Was there collusion to keep everything in limbo?

It appears that the wrong paperwork was filed, and submitted to the wrong Court. The quality of the Statement of Claim is very poor as well. So, why just let it sit?

Keep in mind, Ford also let the July 6, 2020 Claim sit unchallenged for the first 2 1/2 years as well. Vaccine Choice didn’t have their first Court appearance until January 17, 2023. And that was just to set down Motion dates.

Are these just “placeholders”? Is the goal to keep them on the books as long as possible, in order to give the appearance that something is being done? Is this a way to enrich the Directors?

Remember to donate, suckers!

(1) https://www.ontario.ca/page/search-court-cases-online
(2) https://www.canlii.org/en/on/laws/stat/rso-1990-c-j1/latest/rso-1990-c-j1.html
(3) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(4) https://www.canlii.org/en/ca/scc/doc/2012/2012scc45/2012scc45.html

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

VACCINE CHOICE CANADA COURT DOCUMENTS (2020 CLAIM):
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service
(5) VCC – Requisition For CPC Motion To Strike

Appeal Of “Bad Beyond Argument” Federal Ruling Accuses Judge Of Bias

It’s probably not a good idea to throw the term “bias” around like this.

Readers of this site will likely remember the February 21, 2023 Ruling in the Federal Court that was covered here. This was a challenge to the Fall 2021 dictate for vaccine passports at the Federal level, launched by Toronto lawyer Rocco Galati. A case involving some 600 Plaintiffs was struck in its entirety as being “bad beyond argument”, among other issues. Justice Simon Fothergill was extremely critical of the case.

That February Decision is now being appealed.

To understand the Appeal, here is a brief review of what happened:

Approximately 2/3 of the Plaintiffs were permanently barred from using the Court as a remedy. As members of the Federal Government, Section 236 of the FPSLRA, or Federal Public Sector Labour Relations Act, requires that they seek alternate remedies for employment matters.

The other 1/3 of the Plaintiffs were allowed to file an amended lawsuit, but with other restrictions. These were either members of Crown Corporations, or employees of Federally regulated industries.

There was also the problem that the wrong paperwork had been filed. When challenging a Decision from a Federal Board, Commission or Tribunal, Sections 18(1) and (3) of the Federal Courts Act require that a Notice of Application be filed, and not a Statement of Claim.

Extraordinary remedies, federal tribunals
18 (1) Subject to section 28, the Federal Court has exclusive original jurisdiction
(a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and
(b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.

Remedies to be obtained on application
(3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1.

As was mentioned during the January 2023 hearing, if all that the Plaintiffs were seeking was damages, then a Statement of Claim was fine.

The Decision referenced the specific portions of the Federal Court Rules that were not followed. The Rules outline the basics of how pleadings are supposed to be drafted. These were the most notable errors here as well.

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.

By “particulars”, this really means “specifics”. When pleading a document, the person must give enough specific and detailed information so that the other side is able to address the allegations.

This is very common with Galati: he makes plenty of accusations, but doesn’t plead any factual basis. Consequently, the Defendants are often left with so little information that they can’t respond meaningfully. This is partly why so many of his cases get thrown out.

Simply stating: “and the fact is” doesn’t make something a fact.

As outlined in the original critique, this suit failed to meet even the bare minimum standards of drafting as set out by the Federal Courts Rules. Justice Fothergill apparently didn’t find it worthwhile to go through it point by point to outline the deficiencies. This has been extensively detailed by Justice Ross in Vancouver, for the Action4Canada case, and the parallels are striking.

Pleadings in the Courts of British Columbia and Ontario were plagued by the same deficiencies. Regardless of jurisdiction, there are minimum levels of organization and quality that have to be followed.

Anyhow, the Federal Decision has been appealed, and is it ever interesting. The Notice of Appeal makes a number of statements that appear to accuse (or at least imply) that Justice Fothergill sabotaged the case intentionally.

This is not a wise thing to do without evidence.

(a) It’s alleged that Justice Fothergill “blatantly ignored” Plaintiffs’ submissions regarding the standards which employment terms could be reviewed by a Court.

(b) It’s alleged that he “biasedly ignored” and “refused to address” submissions regarding the tort of public malfeasance, with respect to collective bargaining.

(c) It’s alleged that the finding of “deficient” and “bad beyond argument” was blindly applied from an unrelated case, and was completely inappropriate.

(d) It’s alleged that there was “clear (reasonable apprehension of) bias”. Really, it’s a repeat of the bias accusation, but is worded in a way to water it down.

It’s unclear who actually wrote the Notice of Appeal, but it’s already off to a bad start. Accusing a Federal Judge of bias and ignoring his responsibilities is not going to sit well. There has to be something pretty damning for this to hold water.

Granted, the Action4Canada Appeal of September 2022 is baseless, and doomed to fail, but at least BCSC Justice Alan Ross never received that kind of backlash.

The Notice of Appeal doesn’t specify what Justice Fothergill’s bias supposedly is. Is this to imply that he has certain personal views that are not appropriate? Should we interpret this to mean that he threw the case intentionally, and that the outcome was rigged?

This suggestion has been made before.

This also isn’t the only time Galati has recently claimed (or at least implied) that a Judge ruling in one of his cases was biased. Supposedly, Justice Elizabeth Stewart appeared biased when she dismissed Kulvinder Gill’s and Ashvinder Lamba’s defamation case as a SLAPP. This of course is a strategic lawsuit against public participation.

Clearly, we’ll have to wait and see what other documents are coming for the Federal Appeal. However, this is a dangerous path to take, and can have professional consequences.

A source told this site claimed that Galati and his staff are already soliciting more money for this “unexpected” trip to the Federal Court of Appeals. Apparently, they are at least mentally preparing to attempt to get into the Supreme Court of Canada.

It’s estimated that $400 to $700 more will be sought from each of the 600+ Plaintiffs. In total, that could bring in close to half a million more. The stated reason is that the $1,000 retainer was set aside for Trial.

This seems plausible, especially in light of the fact that Action4Canada is also asking for money, despite their case being “fully funded”.

Could the Federal ruling be successfully appealed? It seems doubtful. While a competent attorney might be able to make the case that malfeasance is grounds to bypass Section 236 FPSLRA, the entire Claim needs to be rewritten.

And this copy/pasting of pleadings from case to case deprives clients of the services that they’re paying for.

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 (UPDATED)
(3) FCA Adelberg V. HMTK A-67-23 Appellants MFL (UPDATED)

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) https://www.laws-lois.justice.gc.ca/eng/acts/F-7/page-3.html#docCont
(9) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405
(10) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do
(11) T-1089-22 Federal Court Decision On Motion To Strike
(12) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(13) https://canucklaw.ca/wp-content/uploads/Federal-Vaccine-Passport-Challenge-Retainer.pdf

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
(12) A4C Notice of Discontinuance Federico Fuoco Fire Productions
(13) A4C Notice of Discontinuance Amy Muranetz
(14) A4C Notice Of Appeal September 28 2022

Ontario EMS Workers Suit Recycled From Recent “Bad Beyond Argument” Federal Case

The grifting never ends, does it?

Monday, March 1, 2023, a lawsuit was filed in Ontario Superior Court, on behalf of over 100 Plaintiffs. It is essentially a cut-and-paste copy of a Claim that the Federal Court threw out just 2 weeks earlier.

Yes, a lawsuit that was struck for being “bad beyond argument” was simply repackaged and refiled to initiate another one. The lawyer involved was Rocco Galati, who works out of Toronto.

In fairness, CTV did announce this case, but let’s go into it in greater detail.

As for some recent decisions:

(1) Kulvinder Gill and Ashvinder Lamba filed a $12.75 million defamation case for mean words on Twitter. After it was — predictably — thrown out in February 2022 as a SLAPP (strategic lawsuit against public participation), Gill and Lamba were stuck with over $1 million in costs.

(2) Action4Canada brought a 391 page, rambling, incoherent Notice of Civil Claim (NOCC) to the B.C. Supreme Court. After it was struck in its entirety in August 2022 for being “bad beyond argument”, the Plaintiffs decided to appeal. This was in spite of the Judge allowing a rewrite.

(3) The Federal Court struck a case by over 600 Plaintiffs for being “bad beyond argument” in February 2023. The pleadings were impossible to follow, and heavily lifted from the Action4Canada case. Plaintiffs who were part of the Federal Government were permanently barred due to Section 236 of the FPSLRA, which mandated other forms of resolution. The other Plaintiffs can still theoretically bring an amended Claim. Apparently, appeals are in the works.

(4) Vaccine Choice Canada had their case sit idly for 2 1/2 years before making a first appearance in Court. The Attorney General wants it thrown out for: (a) disclosing no reasonable cause of action; and (b) being frivolous, vexatious, and an abuse of process.

Of course, this doesn’t include several others that just remain dormant for years with no activity. Those have been covered extensively on this site.

Now, turning to the Ontario EMS case, how does this parallel with the Federal case, and where will this end up? In short, this Ontario one will get struck in its entirety.

1. Most (All?) Workers Subjected To Arbitration Requirements

This case may be dead on arrival for a very simple reason: the Court may not be allowed to hear it at all, if there are other agreements in place.

To Any Party on a Question of Law
.
21.01 (1) A party may move before a judge,
.
(a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or

[Rule 21.01(3)(a)]
(3) A defendant may move before a judge to have an action stayed or dismissed on the ground that,
Jurisdiction
(a) the court has no jurisdiction over the subject matter of the action;

As we saw in the recent Federal Court case, the majority of the Plaintiffs were actually subjected to Section 236 of the FPSLRA, or Federal Public Sector Labour Relations Act. Since it specifically barred litigation as a workplace solution, the Court lacked jurisdiction to hear their arguments.

Considering that the Plaintiffs here work for various Municipal Governments, and most are probably unionized, this lawsuit will likely get struck for the same reasons. Unions typically have a grievance process — such as arbitration — built into their collective bargaining agreements. Ontario Procedure Rules allow for cases to be dismissed if there’s no jurisdiction.

Of course, their lawyer should know this, right?

After all, this is why the majority of Plaintiffs in the Federal case were prevented from seeking remedies in Court. And that ruling was just 2 weeks ago.

2. Challenge Should Probably Be Done As Judicial Review

Another major issue with the Federal lawsuit was that the wrong paperwork was filed. If challenging a specific order, it’s routinely done by way of Application for Judicial Review, and not as a Statement of Claim. Again, their lawyer should be aware of this, correct?

3. Rules Of Civil Procedure Not Followed In Drafting Claim

To Any Party on a Question of Law
21.01(1) A party may move before a judge,
(a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or
(b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defence,

Rules of Pleading — Applicable to all Pleadings
Material Facts
25.06(1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved.

Pleading Law
25.06(2) A party may raise any point of law in a pleading, but conclusions of law may be pleaded only if the material facts supporting them are pleaded.

Documents or Conversations
25.06(7) The effect of a document or the purport of a conversation, if material, shall be pleaded as briefly as possible, but the precise words of the document or conversation need not be pleaded unless those words are themselves material.

Nature of Act or Condition of Mind
25.06(8) Where fraud, misrepresentation, breach of trust, malice or intent is alleged, the pleading shall contain full particulars, but knowledge may be alleged as a fact without pleading the circumstances from which it is to be inferred.

The Ontario Rules of Civil Procedure lay out how pleadings are to be done. Similar rules exist for all Courts, although the numbering differs.

A Claim has to plead the facts that are alleged in a case. It’s not enough to simply make accusations. Instead, the person drafting the document has to lay out how they know these things to be true. There must also be sufficient particulars (a.k.a. “specifics”) so that the opposing side can understand the case they must address.

However, Galati doesn’t do that in a lot of his cases. He’ll make plenty of allegations, but won’t provide the necessary information so that they can be addressed. This is (partly) why so many of his cases get struck by the Courts.

If a pleading can’t be written in a coherent and intelligible manner, the Court will either order it to be redone, or possibly throw it out altogether.

4. Many Claims Outside Jurisdiction Of Civil Court

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

Both the Action4Canada suit and the Federal case were struck in part because they sought remedies that no Civil Court can realistically grant. This includes rulings based on international agreements, criminal allegations, and scientific declarations.

It’s worth pointing out that the pending Motion to Strike in the Vaccine Choice Canada suit is being brought partially for the same reasons.

Instead of taking these rulings to heart, Galati is attempting to reargue them in this Ontario EMS workers case. He’s filing content that has specifically been tossed, and more than once. This Claim will be struck for the same reason.

5. Ontario EMS Literally A Clone Of Federal Lawsuit

Page 26 of Ontario EMS, Page 32 of Federal:

First paragraph in both versions:

Vaccines are apparently not really vaccines:

The tort of conspiracy:

Tort of intimidation:

From looking at the 2 Claims, a rough estimate would be that about 90% of the Federal worker case has been cut and pasted into the Ontario EMS one. Changes are minimal, and mostly cosmetic. Do clients know that they’re paying for second hand work? Do they know that Judges have already ruled on these issues?

6. Plaintiffs Being Recycled In This Suit?

Most people won’t remember that Police On Guard (POG) helped initiate an Application in Ontario back in April 2021. Like many of Galati’s cases, this has remained dormant since then. However, a few names stick out.

  • Matthew Blacklaws
  • Sgt. Julie Evans
  • Len Faul

These 3 are listed both in the stale-dated POG challenge, and in this Ontario EMS case. It’s unclear why this has happened.

Also, this more recent suit contains plenty of Plaintiffs listed simply as “John Doe” or “Jane Doe”. As such, it’s often unclear who is a new litigant. This is a waste of everyone’s time. If you are coming to Court and asking for money, you need to identify yourself.

7. Sheer Number Of Parties Sued A Problem

To understand how much litigation would be involved, just consider how many parties have been sued. Granted, some can be represented by the same lawyer (such as a city and its Police Chief or Fire Chief). That said, there are going to be a lot of lawyers involved, and the costs will easily get into the 6 or 7 figures. Here is the list.

  1. HIS MAJESITY THE KING
  2. Solicitor General of Ontario
  3. Town of Ajax
  4. Town of Ajax Fire Department (Fire Chief Aaron Burridge) City of Cambridge
  5. City of Cambridge Fire Department (Fire Chief Brian Arnold)
  6. City of Greater Sudbury
  7. City of Guelph, City of Guelph Fire Department (Fire Chief Dave Elloway)
  8. City of Hamilton
  9. City of Hamilton Police
  10. City of Hamilton Police Chief (Frank Bergen)
  11. City of Hamilton Fire Department (Fire Chief David Cunliffe)
  12. City of Markham
  13. City of Markham Fire Department (Fire Chief Adam J. Grant)
  14. City of Mississauga
  15. City of Mississauga Fire Department (Fire Chief Deryn Rizzi)
  16. City of Ottawa
  17. City of Ottawa Police
  18. City of Ottawa Police Chief (Eric Stubbs)
  19. City of Ottawa Fire Department (Fire Chief Paul Hutt)
  20. City of Pickering
  21. City of Pickering Fire Department (Fire Chief Steve Boyd)
  22. City of Toronto
  23. City of Toronto Police
  24. City of Toronto Chief of Police (James Ramer)
  25. City of Toronto Fire Service (Fire Chief Matthew Pegg)
  26. Toronto District School Board
  27. Toronto Transit Commission
  28. Toronto Transit Commission Chair (Jon Burnside)
  29. City of Windsor
  30. City of Windsor Fire Department (Fire Chief Stephen Laforet)
  31. Town of Orangeville
  32. City of St. Catharines
  33. Regional Municipality of Durham
  34. York Region
  35. York Regional Police
  36. York Regional Police Chief (Jim MacSween)
  37. City of Niagara Falls
  38. Niagara Regional Police
  39. Niagara Regional Police Chief (Bryan MacCulloch)
  40. Town of Oakville
  41. Town of Oakville Fire Department (Fire Chief Paul Boissonneault)
  42. Peel Region
  43. Peel Regional Police
  44. Peel Regional Police Chief (Nishan Duraiappah)
  45. Town of Whitby
  46. Town of Whitby Fire Department (Fire Chief Mike Hickey)
  47. Municipality of Leamington

For (somewhat) of a reference point, consider the $12.75 million defamation lawsuit that Galati brought on behalf of Kulvinder Gill and Ashvinder Lamba against 23 parties. After it was dismissed as a SLAPP, they were ordered to pay over $1.1 million in costs. This suit could potentially top that.

It’s entirely possible that there will be 15-20 lawyers who show up to defend against this lawsuit. Plaintiffs need to know that cost awards can be very steep.

8. Similar Retainer Requirements For Both Cases

There was a $1,500 retainer fee to be represented in the Ontario EMS case, if this form is for real. Also, there’s a form available listing a $1,000 retainer for the Federal case.

A source who claimed to be friends with a Federal employee claimed that Plaintiffs were actually being charged $2,000 each to be represented. If this is true, then the 600+ employees would have handed over more than $1.2 million for fees.

9. Some Final Thoughts

This has been a rudimentary review of the most recent anti-lockdown suit. The pleadings are seriously defective, and it will never make it to Trial.

And again, it’s essentially a copy and paste version of the Federal Claim that was recently struck. Clients aren’t just paying for secondhand work. Instead, they’re paying for secondhand work that has already been thrown out by the Federal Court, and the B.C. Supreme Court.

Claims that are found to be “bad beyond argument” don’t suddenly become valid simply because they are refiled in another jurisdiction.

Anyhow, most readers are probably aware by now that this site has been sued for millions of dollars, simply for exposing the anti-lockdown grifts that are going on in Canadian Courts. For some strange reason, people seem to think that it’s a “private” matter to publicly solicit donations for these lawsuits. This article will likely lead to another suit because of “muh racism”, or something.

If the Ontario EMS case ever is heard in Court, updates will be provided.

ONTARIO EMS WORKERS:
(1) Ontario EMS Statement Of Claim

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
(5) VCC – Requisition For CPC Motion To Strike

VACCINE CHOICE CANADA LAWSUIT (2019):
(1) VCC – Statement Of Claim, October 2019 Lawsuit

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
(12) A4C Notice of Discontinuance Federico Fuoco Fire Productions
(13) A4C Notice of Discontinuance Amy Muranetz
(14) A4C Notice Of Appeal September 28 2022

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) https://www.laws-lois.justice.gc.ca/eng/acts/F-7/page-3.html#docCont
(9) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405
(10) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do
(11) T-1089-22 Federal Court Decision On Motion To Strike
(12) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(13) https://canucklaw.ca/wp-content/uploads/Federal-Vaccine-Passport-Challenge-Retainer.pdf

POLICE ON GUARD/OFFICERS:
(1) Notice Of Application — April 20, 2021

POLICE ON GUARD CORPORATE DOCUMENTS:
(1) Police On Guard Incorporation
(2) Police On Guard Registered Office & Directors
(3) Police On Guard Directors
(4) Police On Guard Bylaws
(5) Police On Guard Directors Later

ONTARIO STUDENTS/CHDC:
(1) Notice Of Application — April 20, 2021, Masks On Students
(2) Schools – Rule 2.1.01 Decision
(3) Schools — Notice Of Appearance Robert Kyle
(4) Schools — Notice Of Appearance Halton Durham

CHD CANADA CORPORATE DOCUMENTS:
(1) Childrens Health Defense Canada Registered Office
(2) Childrens Health Defense Canada Incorporation
(3) Childrens Health Defense Registered office & Directors
(4) Childrens Health Defense Canada Annual Return

KULVINDER GILL/ASHVINDER LAMBA CASE:
(1) Gill/Lamba Defamation Lawsuit December 2020
(2) Gill/Lamba Factum Of Medical Post Tristan Bronca
(3) Gill/Lamba Case Dismissed As A SLAPP
(4) Gill/Lamba Notice of Appeal and Appellants’ Certificate
(5) Gill/Lamba Appeal – Notice of Intention to Dismiss Appeal for Delay, May 12, 2022
(6) Gill/Lamba July 15 Letter To Obtain New Counsel
(7) Gill/Lamba Case Conference Brief July 29, 2022
(8) Gill/Lamba Endorsement New Counsel Cost Submissions August 3, 2022
(9) Gill/Lamba Case $1.1 Million In Costs Ordered October 31, 2022

KULVINDER GILL/ATTARAN/UOTTAWA CASE
(1) Gill-Attaran Statement Of Claim
(2) Gill Attaran Affidavit Of Service
(3) Gill-Attaran Notice Of Intent

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