Time Barred? Was Vaccine Injury Class Action Filed Too Late?

Last Spring, news broke about a Proposed Class Action lawsuit filed on behalf of victims who had been injured or killed by Covid vaccines. Understandably, this was big news. Finally, someone would step forward and represent the members of the public, many of whom had no money for individual cases.

Who would be included in this lawsuit?

The Proposed Class
13. The members of the proposed class, hereinafter referred to as (“the Class” or “Class Members”), include:
a. All Canadians who have suffered death or serious injury due to receiving any of the COVID-19 vaccines approved in Canada;

Question #4 of the FAQ makes it clear that Quebec residents are excluded.

The Representative Plaintiff was to be Drue Taylor, an Alberta resident. She had publicly spoken out about the severe harms that had been inflicted on her. A logical choice.

However, more than a year later, there are concerns that have come up. First among them, was this case filed in time, or is it barred by the Statute of Limitations?

***To preface this article: It’s not meant to attack the victim. She is undoubtedly sincere in describing what she has gone through. The point is to ask hard questions about the lawsuit itself. There are many things that need to be answered.

Alberta Limitations Act Specifies 2 Year Time Limit

Section 3(1) of the Limitations Act of Alberta specifies that there is a 2 year timeframe from when the person knew (or ought to have known) to bring legal action, or a 10 year ultimate limit. There are a number of exceptions, but those mainly have to do with minors, or sexual assault.

Why this matters is because the Statement of Claim was filed on May 6th, 2024. Depending on when she knew (or ought to have known), this may be too late. A Judge would have to decide this. As Taylor is the only Representative Plaintiff, the suit would come to an end.

The Claim pleads virtually nothing about the Plaintiff, except this:

2. The Plaintiff, Drue Taylor (hereinafter “Taylor”), is the proposed class representative.

3. Taylor suffered permanent, chronic, and significant physical, psychological, and emotional harms, and other damages, after receiving each of her two COVID-19 vaccine doses.

4. The Plaintiff is 34 years of age with a husband and two children. Prior to 24 April 2021, Taylor worked as a professional massage therapist for humans and horses in addition to being a professional yoga trainer. She resides in St. Albert, Alberta.

Although the Claim offers very little information about Taylor, she did appear before the NCI (National Citizens Inquiry). Some important points to note:

• Her first shot was April 24th, 2021
• She had severe reactions almost immediately
• Her second shot was January 8th, 2022
• She had far worse reactions immediately after this shot
• She was diagnosed with POTS (Postural Orthostatic Tachycardia Syndrome) in “April or May of 2022”

Why does this matter? Because any moderately competent lawyer will at least try to argue that the case is time barred, and get it dismissed. During her NCI testimony, Taylor makes it clear that she strongly suspected even in 2021 that it was the vaccines.

At a minimum, a disclaimer should have been included when asking for donations.

$2,000,000 Sought To “Take Case To Trial”

According to the FAQ (Frequently Asked Questions) page about this case, it’s expected that it will cost approximately $2 million to take the case to Trial. It’s implied that it will cover legal costs, hiring of expert witnesses, etc…. See archive. That is a lot of money.

Of course, that raises an obvious question: what happens to any leftover funds if it’s quickly settled, or thrown out on a preliminary challenge? While the 2 year deadline is definitely a concern, it’s not the only one Taylor may face.

Or worse: what happens if the case is not pursued diligently?

Complete Lack Of Activity Since Lawsuit Filed

Thankfully, we don’t have to rely on lawyers to report on what has been happening. Alberta, like all Courts, allow records of the proceedings to be accessed by members of the public. And the result is not encouraging.

May 6th, 2024: Statement of Claim is filed.

October 30th, 2024: The case officially became “managed” by the Court.

November 12th, 2024: An upcoming hearing was cancelled.

We are now into July, 2025.

That is the entire case. Even if the Statute of Limitations wasn’t a concern, nor the poor pleadings, there has been no real effort to advance the suit for 14 months. No Defences have been filed, or any sort of preliminary challenge.

***Again, this isn’t to take a swipe at Taylor. However, prospective donors and clients should be informed about what they are being asked to contribute to.

This Site Threatened Again With Litigation

In what shouldn’t be that surprising, yet another “freedom lawyer” is threatening to sue over unfavourable coverage of their anti-lockdown cases.

It wouldn’t be the first time, and probably not the last.

The main criticism appears to be that the overall impression of the articles is misleading. Supposedly, these cases weren’t abandoned, but settled. Considering that many involve unionized employers — and hence, no jurisdiction — that seems unlikely. Then there’s the issue of the defective pleadings themselves.

One of the “discontinued” cases was a Proposed Class Action filed in Manitoba. It was dropped before the Certification process even began. Another 2 were dropped before the suits were even served.

Then there’s the Canada Post disaster. Instead of filing an Application for Judicial Review, and possibly getting the Arbitration overturned, a Statement of Claim was filed. This resulted in it being struck for lack of jurisdiction.

Admittedly, Defendants can, and often do, agree to waive costs in return for having Plaintiffs discontinue their cases. That could easily have happened to at least some of the ones here. Technically, it’s considered a settlement. That being said, it hardly seems like “winning”.

In any event, if counsel want to take this approach, he knows where to serve the Statement of Claim.

COURT DOCUMENTS:
(1) Taylor Statement Of Claim
(2) Taylor Statement Of Claim Filed
(3) Taylor Frequently Asked Questions
(4) Taylor Case History July 2025

LIMITATIONS ACT:
(1) https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-l-12/

NCI Testimony:
(1) https://rumble.com/v3p2492-drue-taylor-vaccine-injury-develops-pots-red-deer-day-2-national-citizens-i.html?e9s=src_v1_s%2Csrc_v1_s_o