A BC Supreme Court judge has ruled that Action4Canada’s high-profile notice of civil claim (NOCC) will be tossed out of court for reasons long predicted by some critics..However, rather than axing the entire case, the judge will allow a fresh claim to be filed..Action4Canada — which describes itself as “a grassroots movement reaching out to millions of Canadians and uniting our voices in opposition to the destructive policies tearing at the fabric of this nation” — spearheaded the filing of the claim against the BC government, various organizations, and multiple government officials both provincially and nationally in August 2021..The claim is intended to “hold multiple parties accountable for their actions with respect to COVID-19 measures.”.While there was cause for excitement among many in BC when the nearly 400-page claim was filed, others were not so thrilled, suggesting it wasn’t in-line with the rules of court — which require claims to be concise..Now, more than a year later, Justice Alan Ross ruled the NOCC cannot proceed in its current form due to a violation of the aforementioned rules, however he's given the plaintiffs permission to refile the claim as opposed to axing the case in its entirety..“Because of the prolix and wide-ranging nature of the NOCC, it is not capable of being answered by the defendants,” said Ross, adding that “the entirety of the claim is vexatious and frivolous.”.The Oxford English Dictionary defines prolix as writing that is “tediously lengthy,” and Ross says the claim, at 391 pages, is “clearly prolix.”.“It is not a proper pleading that can be answered by the defendants. It cannot be mended. Given that finding, I have no hesitation in ruling that it must be struck in whole,” said Ross..“It is counsel’s obligation to draft pleadings that do not offend the mandatory requirements of the rules.”.In response, Action4Canada says the plaintiffs do intend to file a new claim through the organization’s lawyer Rocco Galati..While the organization is supported by many within what can be called the broader “freedom movement,” it’s increasingly questioned for its alleged lack of financial transparency by those within the same movement, and many critics distance themselves from anyone associated with the group..Action4Canada’s Tanya Gaw told the Western Standard the aforementioned criticisms began last year, reiterating everything is “above board” and she’s “always been transparent with funds.”.When asked if she would indemnify plaintiffs for potential adverse cost awards if her challenge is thrown out of court she said “that will be something for Rocco to answer.”.“They [Action4Canada] convinced a lot of people to come into this lawsuit saying they’d have our backs, yet they can’t even properly submit paperwork,” Amy Muranetz, one of the plaintiffs in Action4Canada’s claim, told the Western Standard..“They said they would file a lawsuit that would have a very strong argument for winning, they did not say that they were going to submit an unprofessional case.”.In an email sent to the plaintiffs Saturday provided to the Western Standard, Gaw accused Muranetz of “conspiring” to have the other plaintiffs pull out of the case..“Amy's position is that Rocco has not done his job and that the plaintiffs will be stuck with a massive bill to pay costs and that the plaintiffs need to raise further funds for the appeal and to continue,” reads Gaw’s email..“These allegations are false. Rocco is 100% doing his job as our legal counsel and is representing the plaintiffs by advancing the best strategy he believes will ultimately have us win this legal challenge.”.Andrew Dodge, former Ridge Meadows chapter leader for Action4Canada also shares some of Muranetz’s concerns..“I was a volunteer. I guess you could say they fired me because I challenged Tanya on a couple of things regarding the direction in which she was going,” Dodge told the Western Standard..“A number of chapter leaders in the Lower Mainland questioned her and had concerns, and eventually resigned because of the situation.”.Dodge says he joined the freedom movement to unite people with the common goal of "defending our rights, the right to choose" in response to COVID-19 mandates..“Tanya is a dictator — she’s no better than Justin Trudeau,” said Dodge..“It’s her way or the highway and you’ve got to do exactly what she says and when she says it. I know a lot of people left because there was zero transparency. She was held accountable to no one. It was all about Tanya.”.Dodge, who says he’s connected to more than 400 freedom groups across North America says he “can confidently say 95% of the freedom movement doesn’t have the time of day” for Gaw anymore..As for Action4Canada’s counsel, financial grilling is nothing new, as Galati’s billings have been questioned in the past. In 2014 a federal court judge referred to his billings in one case as “excessive and unwarranted.”.“Because I heard he was the ‘top constitutional lawyer,’ I reached out to him,” Adam Skelly, who made headlines in 2020 for refusing to close his Ontario restaurant, told the Western Standard..“He wanted $250,000. That was one of the first things we talked about. A few months later we spoke again and it was the same thing. He wanted $250,000, half upfront. He told me there were three people in Canada who could handle a constitutional challenge like mine. One is dead, another is a lawyer at his firm, and himself — therefore the only people capable of handling my case was apparently a dead guy and two lawyers at his firm.”.Skelly decided to go with a different lawyer..EnableAir, a website that issued what it called “authentic medical exemptions” for a non-refundable fee also said it was flowing money to Galati. The service, which shut down in late 2021 said 50% of the “post-administrative fees” were donated to Galati, however, this claim is no longer present on its website..One of Galati's previous clients, Dr. Stephen Malthouse — who has favourable reviews on RateMDs among his patients — was linked to EnableAir in 2021. The College of Physicians and Surgeons of BC then investigated Malthouse for allegedly signing false vaccine exemptions, posting an interim order on the matter in March this year.. SG .The Western Standard reached out to Galati for comment repeatedly but has yet to hear back. His voicemail inbox is now full..As for the money allocated to Galati through Action4Canada, critics increasingly question what the money was used for and why the lawyer would file a claim that is, as Ross put it, “not a proper pleading.”.Action4Canada has also been observed taking large quantities of cash donations at various rallies in Vancouver, during which Gaw has said her organization doesn’t need a day in court to be successful..“Are you aware that Justin Trudeau reversed his travel mandates two weeks after Rocco filed a 23 page SOC against him. I do not think that this was a coincidence,” said Gaw in her Saturday email to plaintiffs..Gaw also credits her NOCC for BC Ferries not mandating proof-of-vaccination for passengers as well as the BC Minister of Education not mandating COVID vaccines for school staff, however there is no concrete evidence to support these claims..“All decisions regarding the vaccination status of our crew and passengers were made based on the recommendations or requirements of the minister of transport of Canada, Transport Canada, and the provincial health officer,” BC Ferries Executive Director Deborah Marshall told the Western Standard..Education ministry representatives have yet to provide a comment..During a Labour Day long weekend appearance on Liberty Talk Canada with Odessa Orlewicz, Gaw said — in reference to this looming story — that the Western Standard “came up with the article, and no doubt at all that he [reporter] didn’t say any of the good work that Action4Canada was doing, but however he does have this strange ability at the Western Standard to always support the legal actions of the JCCF and Kip Warner.”.Kip Warner is the Canadian Society for the Advancement of Science in Public Policy’s (CSASPP) executive director..In Ross’ decision to axe Action4Canada’s NOCC as it stands, he cited one of CSASPP’s petitions as an example of an actually justiciable claim..CSASPP's case precedent which established its public interest standing “may have been Action4Canada's saving grace in allowing Ross to grant it a second chance,” as one follower closely monitoring the organization put it..As for the circulating concerns regarding donor funds, Gaw and Orlewicz have respectively, as well as together on Orlewicz’s show, scoffed at their former supporter's worries — and both have chalked up the origin of said concerns to a select few individuals, specifically mentioning Vladislav Sobolev..Sobolev told the Western Standard he’s openly questioned Galati at various freedom rallies in Vancouver. As a result, Sobolev claims to have been “threatened and harassed for questioning the Rocco challenge in BC.".And he’s not the only one to make such claims..A former Action4Canada donor, who asked not to be named, made a Facebook post in July 2021 calling for more transparency..“What’s really going on? Are we being misled?" read the post..Afterwards Orlewicz sent the individual a voice message in which she warned of forthcoming legal action if the former donor didn’t delete the post..“I want to warn you, because I work with Action4Canada, Rocco, my family has donated heavily to the case, my family in America — and I know everything about the case. Everything,” said Orlewicz..“Some stuff you said on Facebook is so badly incorrect that unfortunately they are going to come after you with a defamation suit, and I’ve asked that they let me mediate this.”.Orlewicz explained that a file could be put together within three hours..“They will sue you for defamation if you don’t take it down, and you will lose,” she said..The post is still up..Kimberly Brundell, who’s become well known in Vancouver’s freedom movement told the Western Standard she's also been attacked for asking questions..“The only thing I’ve been asking over and over and over again is will you indemnify your co-plaintiffs. That is her [Gaw] decision, it’s not Rocco’s. She can take advice from him on that subject but she’s the one who is paying him, it’s her call,” said Brundell.."My only concern is the financial harm that that they could possibly cause her co-plaintiffs on this suit.".Gaw said in an email to plaintiffs that Galati will be "appealing the order for costs." She also says he's out of the country and expects him back on September 22.
