This article was originally published on Substack on the Free Politik site in February, 2024.
While February 14th is normally the day to celebrate love, the judges at the BC Court of Appeal did not show much love for Rocco Galati on Valentine’s Day. He lost his appeal to his infamous 391-page filing, that was tossed out in 2022. Justice Ross stated the filing was so bad, it was “bad beyond argument,” a term that is now included in the BC Law Society training manual:
If pleadings are inadequate, the matter will typically not get to trial. In a recent example of wholly inadequate pleadings, the plaintiff filed a 391-page notice of civil claim that was struck (see §2.06(3) below on striking pleadings) as being “prolix” and “bad beyond argument.” In Action4Canada v. British Columbia (Attorney General), 2022 BCSC 1507, the plaintiffs sued a host of politicians and crown corporations over pandemic-related measures they said were not based in science, exceeded the defendants’ authority, and breached Charter rights. The court struck the notice of civil claim in its entirety, stating at para. 51:
“To put those points another way, I have indicated above that the prolix nature of the NOCC makes it impossible for the defendants to respond to it. For the same reason, I am not able to parse the 391 pages of the improperly drafted NOCC and indicate whether paragraphs, categories or claims should remain in, or should be struck. That is not the proper role of this court. It is counsel’s obligation to draft pleadings that do not offend the mandatory requirements of the Rules.”
CSASPP Sued $1.1 Million For Defamation
In order to provide some background, we have to go back a bit: Rocco Galati sued CSASPP and Kip Warner for $1.1 million for defamation, and on December 11, 2023, he lost his case. The judge dismissed Rocco’s case, ruling that it was an “action for the improper purpose of stifling debate:”
[98] For the reasons set out above, I find that the Plaintiff brought this action for the improper purpose of stifling debate with respect to his handling of a proposed class action that is being funded by public donations. I also note that the Claim was brought one day before the Plaintiff submitted a response to the LSO with respect to Ms. Toews complaint. I find that the Claim was brought for the improper purpose of limiting the LSO investigation, and to intimidate others from making any LSO complaints about him.
We’ll get to the complaints to the LSO (Law Society of Ontario) later.
On Tuesday, (February 13, 2024) the ruling was posted on CSASPP’s website, that Rocco’s request to Justice Chalmers that his liability for court costs be limited to $50,000, was denied.
On 3 February, 2024, Justice Chalmers released his ruling to the parties in which costs were determined. It was subsequently published by the court today. We were awarded $132,268.17.
If this doesn’t make Rocco cry, then the next action from CSASPP will definitely do the trick:
With the costs determined, we then submitted on February 5, 2024, a draft order to the court formalizing the terms of Justice Chalmers’ dismissal and costs orders. This is the usual final process before beginning enforcement. Once the draft order is returned by the registry stamped, we will file a writ of execution with the sheriff to begin the process to sell Galati’s house after his appeal is likely dismissed.
The aforementioned piece of real estate is the $2 million house in Toronto that Rocco paid CASH for in September, 2021.
Where did Rocco’s sudden cash windfall come from? I thought you’d never ask. It came from Rocco’s cash cow, The Canadian Freedom Movement, that Rocco has been milking for over 4 years now.
For more background, see my previous post:
Happy Valentine’s Day, Rocco
On February 14, 2024, in BC Court of Appeal, Rocco appeared via Zoom call to appeal his 391-page phone book filing on behalf of Action4Canada. His lawsuit was struck with leave to amend, last year by Justice Ross. Instead of taking the high road, and redeeming himself, by amending the claim, Galati chose to appeal the decision, (because he is “Canada’s Top Constitutional Lawyer.”)
Rocco stepped up to the plate in court, and proclaimed, “Justice Ross went far beyond his right to rule.” He further stated that Ross’ decision was “highly problematic” and “unconstitutional,” concluding that “Justice Ross is wrong.”
No really, he did.
Mr. Shaw, the lawyer representing the 8 lawyers, (because Rocco sued half the planet), stood up to present their arguments. He essentially said, “The filing is prolix,” and sat down.
From Black’s Law Dictionary:
The 3 Justices agreed, and Rocco’s appeal was dismissed faster than a knife fight in a the back seat of a Toyota. Rocco made up some legal Sméagol argument to weasel out of paying court costs, but the 3 justices weren’t born yesterday, and Rocco is on the hook for the fees of 8 lawyers and 3 Justices.
A Small Mob of Military Style Agitators
Tanya Gaw and her entourage were seen outside the courtroom with looks of consternation. To be honest, it has not been a good week for Tanya:
Tanya had special guest Ted Kuntz from Vaccine Choice Canada on her Empower Hour Show for damage control. During the lengthy one and a half hour show, ominously entitled Exposing Agitators Within the Freedom Movement, Tanya and Ted discussed the “small mob of military style agitators” who conspired with the WEF to undermine Rocco’s lawsuits.
This military reference is ironic considering that Kip Warner was a Lieutenant in the Seaforth Highlanders, and this author grew up on army bases. My father was a captain, and both my grandfathers fought in WW2, on the beaches of Normandy.
This small mob includes yours truly, as Tanya mentions, “Richard Thomas is some fellow who lives here in Vancouver. He has maligned me and viciously attacked me. I don’t think I’ve ever met the man or had a conversation with him.”
I suppose I can forgive Tanya for forgetting she spoke more than once at rallies that my partner and I organized here in Vancouver, or that we had a conversation on the phone in 2022 where we discussed CSASPP and Rocco. I can also forgive Tanya for not mentioning that my article Nothing Burger Lawsuits was submitted as evidence in the defamation lawsuit.
Rocco also threatened to sue me for defamation, but it is not defamation to call someone a serial con artist, if that person actually is a serial con artist.
Mr. Kuntz complained during the interview,
“These attacks are focused on one person, and you have to ask why they are singularly focused on Rocco Galati? … I have no doubt in my mind there is a well-funded, well-organized, orchestrated effort to take this man down … it’s no accident that Rocco has been the target of these kind of attacks.”
For the record: None of the articles I have written about Rocco Galati’s lawsuits are personal attacks on either Tanya Gaw, Ted Kuntz or Rocco Galati. It is Galati’s lawsuits, not his personality, that are the subject of the inquiry of the “small mob.” I have several Action4Canada members and former members in my social circle, and I have openly discussed Galati’s lawsuits with them, and expressed my misgivings. Some are still drinking the Rocco Kool Aid, while others have woken up and distanced themselves from A4C and the Galati Grift Wagon.
During the interview, Tanya and Ted go over Kip Warner’s CV (38 minute mark) and make some leaps of logic that allegedly connect Warner to the World Economic Forum. These allegations were presented to Justice Chalmers as “evidence” when he dismissed Rocco’s defamation lawsuit but Justice Chalmers did not buy Rocco’s paranoid claims.
Then Tanya and Ted share a direct quote from Rocco’s failed defamation lawsuit against CSASPP where Kip Warner states the obvious:
In a National Post article, dated February 15, Rocco is cited:
Galati said public comments by the B.C.-based group [CSASPP] had “virtually obliterated” fundraising for his own Constitutional Rights Centre and trampled on his reputation as a lawyer.
Rocco Sues Law Society of Ontario
To put some icing on the bitter cake, Rocco was ordered to pay $14,600 in court costs for his failed lawsuit against the Law Society of Ontario. Yes, you read that right. Galati actually sued the LSO because he had 9 complaints against him, and he alleged that the LSO and its director of intake, Sharon Greene acted in “bad faith” by forcing him to respond to 3 of the complaints.
It is difficult to predict how much more sideways things are going to go for Rocco and his marketing duo, Tanya and Ted, but even without the advantage of a crystal ball, it does not look too good for them.
It is very difficult to cure Kool Aid drinkers, no matter what flavour of Kool Aid they are served. They keep drinking the Kool Aid because of the secret ingredient that makes it so addictive:
HOPIUM.
“We cling with both arms to false hope, refusing to believe in the weightiest proofs against it, embracing it with all our strength. In the end it escapes, ripping our veins and draining our heart's blood; until, regaining consciousness, we rush to fall into snares of delusion all over again.”
—Rabindranath Tagore
So, why hasn't Rocco been disbarred? There are lawyers who do one thing wrong and they're out. Who is he friends with? Is he the great teflon lawyer or what.
I don't quite understand why Vaccine Choice Canada sticks up for him.