A highly-publicized lawsuit targeting the provincial government’s COVID-19 measures has been thrown out by a BC Supreme Court Justice for being so poorly crafted it is impossible to respond to.
The lawsuit by plaintiffs Action4Canada, ten named individuals, three Jane Does and two corporations was filed by Rocco Galati of the Constitutional Rights Centre.
The rambling 391-page lawsuit puts forward a greatest-hits of COVID-19 conspiracy claims, ranging from vaccine microchipping to allegations that the pandemic was pre-planned by the World Health Organization along with Bill Gates and others to install a New World Order.
In a decision this week, about a year after the suit was filed, BC Supreme Court Justice Alan Ross ruled the notice of civil claim is more of a “story” than an actual lawsuit.
“It describes wide-ranging global conspiracies that may, or may not, have influenced either the federal or the provincial governments. It seeks rulings of the court on issues of science,” Ross said. “In addition, it includes improper allegations, including criminal conduct and ‘crimes against humanity.’ In my opinion, it is ‘bad beyond argument.’”
“It is beyond doubt that the plaintiffs seek to turn this court into an academy of science wherein a judge will be asked to prefer their science over the government’s science,” Justice Ross continued.
“Alternatively, the plaintiffs hope that this court will act as a further legislative chamber to review, criticize or overturn the policies of the legislative and executive branches of government. That is not the proper role of this court except in circumstances where those actions infringe on protected Charter rights or exceed the bounds of delegated authority.”
The notice of civil claim, Justice Ross ruled "is not a proper pleading that can be answered by the defendants. It cannot be mended... I have no hesitation in ruling that it must be struck in whole."
The ruling, however, leaves the door open for the plaintiffs to try again with a coherent lawsuit.
Justice Ross ruled “there is prospect” that a valid civil claim could be made that certain COVID-based restrictions violated Charter rights.
“It will be for the plaintiff to plead those causes of action in accordance with the rules. Such claims need to be framed in a manner that is intelligible and allows the defendants to know the case they have to meet,” Ross ruled.
“It must also confine itself to matters that are capable of adjudication by this court and relief this court is capable of granting.”
The lawsuit sought $10 million in general damages and $10 million in punitive damages, which itself is in violation of BC Supreme Court rules — pleading for specific amounts of general damages is not allowed.
Action4Canada is a Surrey-based group founded by Tanya Gaw, who has made numerous appearances at anti-mandate rallies in Kelowna and across B.C. Gaw is currently promoting an appearance by Kelowna protest leader David Lindsay on her online interview show “Empower Hour” next month.
