A former employee at Canadian Natural Resources Limited (or CNRL) dropped his lawsuit, which had been filed in Calgary. Bradley Miles did so as a self-representing litigant, despite previously having counsel.
At least the Notice of Discontinuance was done on a “without cost” basis. That means that he won’t have to pay the lawyers for CNRL. He’s still out whatever fees he paid to his own lawyer, and the money he lost from being terminated, or at least, suspended without pay.
This brings to 10 (and counting) vaccine passport cases Grey has commenced, only to have dropped or abandoned. The search results are still coming in
CNRL Claims Miles Was Offered His Job Back
In the Statement of Claim, the Plaintiff states that he should be entitled to return to work in the same position he was previously in.
12. On December 2, 2021, Canadian Natural sent the Plaintiff a letter warning him that he was non-compliant with the Vaccination Policy and that, effective December 1, 2021, his site access was suspended with pay. The Plaintiff was warned that if he failed to provide proof that he had received a second dose of an approved COVID-19 vaccine by December 21, 2021, he would continue to be non-compliant with the Vaccination Policy and would be suspended without pay.
13. On December 22, 2021, the Plaintiff was suspended without pay due to his continued non-compliance with the Vaccination Policy.
14. On or around March 15, 2022, in response to the reduced number of COVID-19 cases in Alberta, and the Alberta government’s easing or removing public health protocols in respect of COVID-19, Canadian Natural sent a letter to employees on unpaid suspension for non-compliance with the Vaccination Policy, including the Plaintiff, advising that Canadian Natural was ending certain COVID-19 measures effective April 4, 2022, including the requirement that Workers be fully vaccinated. The Plaintiff was notified that his unpaid suspension would end effective April 4, 2022, and that he was required to return to his work location and role at Canadian Natural on that date.
15. In that letter, Canadian Natural asked employees to indicate whether they intended to return to work at Canadian Natural. Canadian Natural did not receive a response from the Plaintiff regarding his intention, or lack thereof, to return to work. Rather than return to work, the Plaintiff commenced his claim against Canadian Natural.
16. As of April 4, 2022, employees previously suspended without pay for non-compliance with the Vaccination Policy were returned to work by Canadian Natural to their same position.
In their Statement of Defence, CNRL claims that Miles was offered his position back in April 2022, but he didn’t respond. Instead, he sued the company in September 2022. But since the case was dropped, we won’t know for sure what the full truth is.
“Poison Pills” Slipped Into Statement Of Claim
E. Criminal Assault
44. Forcing a medical intervention on employees under threat of loss of livelihood is a clear violation of the Criminal Code of Canada (“CCC”) which states in part:
265(1) A person commits an assault when
(a) Without consent of another person he applies force intentionally to the person directly or indirectly..
265(3) For the purposes of this Section, no consent is obtained where the complainant submits or does not resist by reason of…
(d) The exercise of authority. [emphasis added]
45. Forcing employees to be vaccinated under threat of loss of livelihood is a violation of the CCC. Every member of the CNRL Board who supports the Policy supports the criminal assault of his or her fellow employees and coworkers.
Like many of Leighton’s cases, he includes content that makes explicitly criminal allegations. He knows — or ought to know — that this cannot be adjudicated in a CIVIL proceeding. In fact, the Statement of Claim would have been struck for this alone.
The claim also goes on to argue what would better be described as “expert evidence”. This doesn’t belong in the initial pleadings, and would come later.
Shouldn’t a King’s Counsel/Queen’s Counsel lawyer know better?
Timeline Of This CNRL Case
September 2022: Statement of Claim is filed in Calgary.
March 2023: Statement of Defence is filed.
November 2024: The case is discontinued.
According to the information provided by the Alberta Courts, there doesn’t seem to have been any real urgency to move the case along. It never got past the initial pleadings.
Timeline Of Leighton Grey’s Injection Passport Cases
See Parts 1, 2, 3, 4, 5, 6, 7, and 8 for more information.
- March 16th, 2022: Grey discontinues lawsuit against University of Winnipeg.
- April 10th, 2023: Grey discontinues lawsuit against Purolator.
- April 12th, 2023: Grey discontinues lawsuit on behalf of Westjest employees.
- April 25th, 2023: Grey discontinues lawsuit against City of Calgary
- May 25th, 2023: Grey discontinues Proposed Class Action suit against Winnipeg/Manitoba.
- June 20th, 2023: Grey discontinues the rest of the case with CNR.
- ***August 9th, 2023: Grey discontinues Helgeton v. FWS Holdings
- ***January 19th, 2024: Grey discontinues Hamonic v. Ducks Unlimited Canada
- January 31st, 2024: Grey discontinues Pillon lawsuit against Ducks Unlimited Canada.
- March 18th, 2024: Grey discontinues (Hildebrand) case with CNR.
- November 5th, 2024: Grey brings Motion to withdraw as counsel in Stowe/TransX case.
- November 29th, 2024: Grey abandons Bradley Miles in his CNR case
***Note: since the original publication, another 2 cases in Manitoba were added, bringing the total to 12. There may very well be more.
Then there’s the Canada Post (a.k.a. “Posties”) case to talk about. That wasn’t discontinued, but it was crashed into the ground. In order to challenge an arbitration ruling, Grey should have filed an Application for Judicial Review. Instead, he filed a Statement of Claim, and tried to get around it. Quite predictably, the case was thrown out.
Looking at Grey’s recent work — as a whole — he appears to target clients who are part of unionized workplaces. They inevitably have some sort of collective bargaining agreement, which makes Court action a total non-starter. This specific case doesn’t invoke an arbitration requirement as a defence, but most do.
Strange, isn’t it? The “alternative” media will announce all kinds of new lawsuits being filed. However, they very rarely will report on how they end.
COURT DOCUMENTS:
(1) Miles Statement Of Claim September 2022
(2) Miles Statement Of Defence March 2023
(3) Miles Notice Of Discontinuance November 2024
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strange behaviour… any indication as to WHY?
A bio on grey online says: “A Status Indian, Leighton was the recipient of the Government of Canada Legal Studies for Aboriginal People Scholarship from 1989 to 1992. He articled with the Federal Department of Justice in 1993 and began his law career practising with Vital Ouellette, who was appointed Justice of the Court of Queen’s Bench in 2002.” Could it be, i.e., his connections to the Federal Department of Justice? Rocco Galati has a similar background and also didn’t seem able to pull off a real ‘Covid” case in any of the courts where he filed. https://legalmatterscanada.ca/leighton-grey/
I was a registered litigant in the Canada Post class action lawsuit. I was an executive at Canada Post … Science advisor to the President. Two other litigants on that class action were management, as well. I think Cathy (Federal Court Justice Catherine A. Coughlan) goofed .. too many details for an amateur like herself to account for so we (the Management contingent) were ignored completely when she wrote up her summation. And watching Grey crumble in the first hour of the court proceeding that second morning was proof enough that we had made a grave error in our choice of counsel. Personally, I wouldn’t retain Grey to sort a cluster of outstanding parking tickets. It was certainly an education and the actual nature of the lawsuit … Health and Safety violations and reckless malfeasance in the workplace, was never raised. Instead the judge deflected the case with the help of both the counsels for the defence (Canada Post and separately, The Federal Government) as well as counsel for the plaintiffs, to render it a labour complaint and the rest is history. I can assure you no one wanted their job back, leastwise me.
Unlike all of the other cases out there that have failed to gain any traction, our case could never advance.… it was the only case on the national docket to argue Health and Safety under Westray Law. It was too serious for Canadians to become aware of the dangers they had consented to when they wore the paper napkins, latex gloves, alcohol gel, and “follow the arrows to save Granny campaign, not to mention the 2 ft apart rule and ultimately, begging for the vaxgene to save them. It had to be smothered … it was a case of “ national security” just like the Trucker protests … insurrection by Canadian standards of societal conduct.
The good news is Cathy inadvertently told us what to do when we got back to that drawing board and I’m juiced to report that the case is alive and well and moving through internal channels at Canada Post – specifically through Canada Post’s and the Federal government’s LJHSC (local joint health and safety commission) system set up by law to protect federal workers from poisonings and exposure to hazardous chemicals like the vaxgenes and the heavy fogging employees were subject to at work …. if they wanted to continue to eat.
Canada Post … a distant miss but a worthwhile effort and who knows if the lawyer had been anyone but Leighton Grey, sparks might have flown and we here in Canada might have advanced towards justice for the oppressed, like the 8000 Canada Post employees fired that night on November 27th, 2021.