Here is the latest on the (second) Vaccine Choice Canada lawsuit, filed July 6, 2020.
This website has been about the only media outlet that has fully and truthfully reported on a number of high profile “anti-lockdown” lawsuits. Despite the hype surrounding them — and the endless requests for donations — there is stunningly little to report.
It’s not an exaggeration to say that nothing has been happening. According to the Ontario Court, these are all the documents that are available as of today, August 24, 2022.
After more than 2 years, all that has happened is that: (a) there was a Notice of Discontinuance against the CBC (removing them from the case); and (b) Nicola Mercer, MOH for the County of Wellington-Dufferin-Guelph, filed a Statement of Defense.
CBC implied in August 2020 that they were never served. They said they “obtained an unredacted copy”, which implies they contacted the Court directly. This is not proper service, and doesn’t start the 20 day time limit. Now, they threaten to bring a SLAPP Motion?! When were they served?
Interestingly, the Affidavit of Service came from Nicola Mercer’s lawyer when serving the Statement of Defense. There doesn’t appear to be any Affidavits of Service from the Plaintiffs for the Statement of Claim. Therefore, it’s a fair question to ask who has actually been served.
Considering the Claim is missing most service addresses, that alone may open it up to procedural challenges.
Here are a few points from Mercer’s Statement of Defense:
- A “good faith” defense is raised with respect to issuing orders
- There are statutory provisions to allow for such orders
- Mercer was following the so-called scientific consensus
- Mercer relies on a provision granting immunity
- Paragraphs 25 and 26 say that all orders have expired, and that the issue is moot.
That last point is of particular concern. By doing nothing for 2 years, the Defendants, or at least this one, can now say there’s no issue, as the orders are over. “Moot” in the legal sense refers to something that has already been resolved, and thus, there’s no reason to bring to Court.
In essence, Mercer claims (as one defense) that so much time has elapsed, the issue of the various orders is no longer relevant.
This site covered the Action4Canada and Vaccine Choice Canada lawsuits. It was described in great detail how both Claims were horribly defective, and likely to be thrown out on a preliminary challenge.
This wasn’t designed to smear or defame anyone. Instead, these critiques were meant to be brutally honest reviews about what was wrong with the pleadings. They were drafted so poorly that it was difficult to view this as anything other than intentional.
This is from a recent stream. Don’t worry, more is available:
The above clips are from Vaccine Choice Canada’s July 13, 2022 livestream. Quotes from these are very revealing as to what’s really been going on.
- “Most people measure the effectiveness of a Court submission based upon what a Judge decides…. There’s [more to] the impact of your legal proceedings than simply what happens within the Court.”
- “It’s also how the Defendants respond, and how the public responds.”
- “We brought awareness to a dynamic that was hidden from the public.”
- “I would suggest that maybe this was the most important impact we had to date.”
- “The VCC case was initiated as a shot across the bow.”
- “It was aimed at [mandatory vaccines and mask exemptions]”.
- “As soon as we filed, they quickly back-peddled in Ontario and put in regulations that allowed for masking exemptions, in the wording we were advocating for.”
- “This is not Hollywood. Constitutional issues are not always resolved in the Courtroom.”
- “They’re resolved by pre-emptive action that makes the Government have a sober second thought.”
- “It’s not as if the VCC challenge has had no effect, particularly in Ontario.”
- “A lot of the issues being raised in the umbrella challenge are not being pursued [within other challenges].”
These video clips are essentially admissions that the July 6, 2020 lawsuit was brought for reasons other than to diligently pursue a Trial. Pretty moronic. It’s obvious from the total lack of progress that there was never any urgency in bringing this forward.
Yes, other people have filed lawsuits with ulterior motives in the past. Others will do so in the future. But few are dumb enough to brag on a livestream that this is what was really happening.
It takes a special kind of stupid to admit this. While the Ontario Attorney General could always file a Motion to strike (for a variety of reasons), this makes it much easier. Beyond that, filing lawsuits with no intention to pursue them could lead to serious issues with the Law Society of Ontario, or whichever Province one practices in.
It’s unclear how this July 6, 2020 case was used to “leverage” anything out of the Ford Regime. It was written in such a disjointed manner, and contained so much irrelevant information, it would have been easy to get struck. This isn’t a document that would shake and scare the A.G.’s Office. It’s the kind of rant that would make most lawyers laugh.
Supposedly, there is some larger “litigation strategy” that Vaccine Choice refuses to disclose. This is a massive bait-and-switch. In the Summer of 2020, there was a fundraising blitz undertaken to raise cash for this ground breaking suit. This comes across as extremely unethical.
Many people donated in good faith to these lawsuits, believing that proceeding to Trial was the ultimate goal. But that apparently isn’t the case.
In the Summer of 2021, new talking points emerged about there being “Affidavits of evidence” that totaled in the thousands of pages. However, they haven’t been filed anywhere, if they even exist. A likely explanation is that this was done to quell concerns about the complete lack of activity.
And now that the various orders are (for now, at least) gone, it wouldn’t take much to get the case tossed for mootness. This 2 year delay made this possible.
Also, consider the Action4Canada case as a reference point. Brief responses were filed by the Defendants, followed by Applications to Strike. The B.C. Attorney General’s Office argued that the the long delays were used to drive up donations, while making no real progress. It was admitted in the May 31, 2022 session that over $750,000 had been raised. Currently, Judgement is reserved on various Applications to strike that suit as frivolous, vexatious and an abuse of process.
It’s not a stretch to see the Vaccine Choice Canada case going down that same path. The much longer delay is curious, and again raises questions of when Defendants were actually served.
The admissions that the July 6 case was a “shot across the bow”, or done “as pre-emptive action”, or done “to educate the public”, make it clear there were other agendas at play.
Donors should demand their money back, and Vaccine Choice really needs to open up the books for public inspection.
Now, about those rumours….
It’s not really a secret that this website (and anyone directly or indirectly associated) was sued last year for $7,000,000. The main issue was reporting the observation that it didn’t appear these anti-lockdown suits were ever meant to go to Trial. The problems, including defects with the pleadings themselves, were covered in great detail. More on that another time.
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
(7) A4C Response VIH-Providence January 17
(8) A4C Response to Application BC Ferries January 19