On August 27, 2021, the citizens group called “Action4Canada” lead by Tanya Gaw, along with 18 other plaintiffs filed a Statement of Claim against many government offices and individuals in response to Covid measures. The case that was heard on May 31, 2022, was struck down in its entirety by Justice A. Ross in a ruling dated August 29, 2022.
The group of 19 plaintiffs, ranging from private citizens to businesses, the citizens organization and one estate were represented by Toronto lawyer and founder of the Constitutional Rights Centre, Rocco Galati. While a typical Statement of Claim is usually no more than 50 pages, the one prepared by Galati weighed in at a wrist-bending 391 pages. The sheer magnitude of the filing alone appears to have led to the immediate downfall of the case.
In 2021, at least one group was quick to criticize Galati’s filing such as this article by Canuck Law. Citing procedural failures, the article concludes that the Statement of Claim was fatally flawed and would never make it to trial. It would appear their prediction was correct.
The August 29, 2022 Ruling by Justice A. Ross concludes the following. (Emphasis ours)
[74] In summary:
a) I find that the NOCC, in its current form, is prolix and must be struck in its entirety;
b) I grant the plaintiffs liberty to amend the NOCC; and
c) This action is stayed pending the filing of a fresh pleading.
[75] On the issue of costs, I note that each plaintiff is pursuing this action seeking money damages from one or more defendant. In responding to those claims each defendant has been put to the expense of answering (if not filing a response) to the NOCC. In addition, the defendants have all been required to prepare for and conduct this application. None of those steps would have been necessary if the matter was properly pleaded.
[76] On that basis, I find it appropriate to award each defendant the costs for the necessary steps of “defending a proceeding”, and for preparing for and attending an application (opposed). Those costs are payable forthwith in any event of the cause.
This is a hard blow for the citizens and businesses that put their trust in Galati.
The ruling identifies eight (8) different corporate lawyers that were retained by the various defendants, all of which prepared for and took part in the application. The potential costs of this ruling could be staggering. It would not be unrealistic to see this final number land in the seven figures. It is unknown at this time if the plaintiffs plan to appeal this ruling.
I need Rocco Galati to sue Canada for 50 years racist persecution discrimination,denied due process
I am the victim of 50 years racist persecution by Canada, contact me for full story gcenciarini782@gmail.com
Lawyers were told to step down and not take on any covid related cases. Same with the courts. I am surprised that this even made it to a court house. The rot goes deep and going through legal channels does not work. We must understand the difference between legal and lawful and act accordingly. Governments are elected to represent the people, not rule them.
It has been my experience that http://www.ourcourtssuck.com