The anti-lockdown group, Take Action Canada, has discontinued their case against the Ontario Government. This was the “Ontario First Responders” case broadly publicized. It challenged the injection pass mandate for about 100 Plaintiffs, primarily police and fire fighters.
For reasons that never made any sense, counsel decided to sue twenty (20) different Municipalities and Cities as well, and the specific employers. This resulted in a small army of lawyers being retained to defend the case. Unsurprisingly, it was to jack up the expenses as well.
The Statement of Claim was horribly deficient, being a replica of Action4Canada and Adelberg, both of which were found to be “bad beyond argument”. The amended version did little to fix those problems. Ontario, like other Provinces, has Rules of Civil Procedure which, among other things, outline how Claims are to be drafted.
There’s also the issue that most (if not all) of the Plaintiffs were either Government workers or unionized, which meant they would be government by a collective bargaining agreement. Such contracts typically outline a grievance process, which almost exclusively leads to arbitration. So jurisdiction was a serious concern.
For background on the case, see Parts: 1, 2, 3 and 4.
The initial filing made national news. But there was never any follow-up, outside of this site. So many of these cases are simply allowed to die off once the cameras are gone. No refunds, naturally. Has this been reported anywhere else?
Realizing that costs would likely exceed initial fees, counsel tried to blackmail the Plaintiffs. Instead of the $1,500 each to pursue the entire case, another $4,500 was demanded. Sources have reported that this was voted down.
There was an aborted hearing back in January 2024. The dozens of lawyers bringing Summary Judgement Motions wanted to schedule dates for a hearing. However, it ended with nothing being determined. Presumably, the Plaintiffs needed time to assess their options.
Now the other shoe (and the case itself) drop. There won’t even be a Motion to Strike or Summary Judgement Motion heard. The case has simply been discontinued.
Good luck Canuck Law defending the legal action by Rocco!
Thing is: Take Action Canada was well aware in advance of the kinds of of problems they’d be having. Sandra Sable testified (against CSASPP) that criticism of counsel threatened the viability of the Claim. Prospective Plaintiffs kept bailing out, and demanding refunds. See original.
They threw clients to the wolves anyway.
Now for a productive suggestion: while Plaintiffs won’t ever get justice against the Ford regime, or their employers, there are other targets. In order to practice law, a lawyer MUST have malpractice insurance. This is not negotiable.
Ashvinder Lamba and Kulvinder Gill were very unhappy with the quality of their legal representation. They had no qualms about trying to take some of that insurance money. Perhaps former Plaintiffs here should consider their options.
Donors, and former clients, should have a serious discussion with Sandy and Vince about where their money has been going. Presumably, no one has received refunds.
(1) https://takeactioncanada.ca/
(2) https://twitter.com/Takeactioncan
(3) Ontario EMS Statement Of Claim
(4) Ontario EMS Amended Statement Of Claim
(5) Ontario EMS Requisition To Amend
(6) Ontario EMS Notice Of Intent To Defend
(7) Ontario EMS Demand For More Money
(8) https://canucklaw.ca/wp-content/uploads/Notice-Of-Application-Police-On-Guard.pdf
(9) https://canucklaw.ca/wp-content/uploads/Take-Action-Canada-Retainer-Essential-First
(10) https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html#par45
(11) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html#par52
(12) https://takeactioncanada.ca/tac911-legal-action-1st-responder-essential-workers-update-dec-survey/
(13) https://canucklaw.ca/wp-content/uploads/CSASPP-RG-Sable-Affidavit.pdf
Why is that bloodsucker Rocco not being sued for breach of trust and fiduciary duty?