Nothing Burger Lawsuits

This article was originally published on Substack on the Free Politik site.

In the early months of the movement, while we were all in lockdown, meeting in secret and attending rallies, there were only a few heroes giving us any signs of hope. We were huddled in the trenches under a full assault, outnumbered and outgunned by the medical tyrants, our governments, the media and a compliant population.

Rocco Galati and his financier, Tanya Gaw, seemed to be offering some real hope in the middle of the lockdown insanity. We were there that day, when Tanya Gaw spoke at the Art Gallery in Vancouver, and asked for donations for a lawsuit organized by “Canada’s top constitutional lawyer.”

People clamoured to the stage and dropped $14,000 dollars in a cardboard box.

As a side note, this article is not a personal vendetta against either Tanya Gaw, Action4Canada or Rocco Galati.

Some of the main concerns about the A4C lawsuit were discussed in multiple heated discussions on Facebook:

CanuckLaw.ca posted numerous articles concerning Mr. Galati’s lawsuits for the Freedom Community. One of them is titled: Action4Canada Statement Of Claim Fatally Defective, Will Never Make It To Trial. CanuckLaw’s predictions have turned out to be accurate because none of his lawsuits gained any traction in the Canadian court system.

The article critiques Mr. Galati’s 391-page phone book filing and points out the obvious problems with it:

• No Concise Set Of Material Facts Provided In Statement Of Claim

• Section On Relief Sought Is A Complete Mess

• No Concise Summary Of The Legal Basis For Claim

• Evidence Being Pleaded In Statement Of Claim

• Long Quotes Listed In Statement Of Claim

• Content That Is Unnecessary, Vexatious, Delay Proceedings

• Proofreading Not Exactly Up To Par

You can read Galati’s filing here and the motion to strike here.

The judge who tossed out both of Galati’s claims, called the filing “bad beyond argument,” among other choice legal terms. A filing is supposed to be “concise.” Generally, it is common practice in the legal profession to keep filings under 20 pages. Galati’s statement of claim is so bad, it is now being used as an example of what not to do in a training manual for lawyers:

August 29, 2022, Judge Ross, tossed out Galati’s case, complaining,

“Because of the prolix and wide-ranging nature of the NOCC, [Notice Of Civil Claim] it is not capable of being answered by the defendants,” adding that, “the entirety of the claim is vexatious and frivolous … it is 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.”

Galati sued half the planet in his lawsuit:

We were in the courtroom that day and witnessed the ten lawyers defending the multiple defendants. They stood up, one after another, and repeated that the claim was “vexatious,” “scandalous,” “frivolous,” “prolix” and an “abuse of process.” In other words, a big waste of everybody’s time. The lead lawyer made numerous references to the “motivation” of Rocco Galati, suggesting there was an ulterior agenda of “personal promotion.”

During a September 4, 2022 interview between Tanya Gaw and Odessa Orlewitz, the cost of the lawsuit was pegged at $400,000. (The video has since been removed.) During the motion to strike hearing, it was revealed that $700,000 was raised for the case. To date, there has been no public disclosure by Tanya Gaw or Action4Canada, regarding the amount of funds raised, despite repeated attempts by many in the Freedom community for some fiscal transparency.

Vaccine Choice Canada Lawsuits

Vaccine Choice Canada, led by Ted Kuntz, filed a similar claim July 6, 2020, that became the basis of much of the BC Supreme Court case. After 2.5 years of complete and deafening silence, a motion to strike hearing was held January 17, 2023. The 191-page filing was also doomed, for much of the same reasons that Action4Canada’s filing was doomed.

This is not Vaccine Choice’s first trip to the vaccine lawsuit rodeo. In October 2019, Galati filed another lawsuit with the Ontario Superior Court to challenge the mandatory immunization of children in Ontario schools. This lawsuit has also sat dormant for over 3 years now.

Police On Guard For Thee Lawsuit Also “Bad Beyond Argument”

Police On Guard For Thee, an organization started by two Ontario police officers, hired Galati to launch a lawsuit to challenge the mandatory vaccination requirements for federal employees. They also had their lawsuit thrown out on February, 21, 2023. Justice Simon Fothergill ruled “the statement of claim is an embarrassing pleading. It contains much that appears to be unnecessary. As well, it is constructed in a manner calculated to confuse the defendants and to make it extremely difficult, if not impossible, to answer.”

Furthermore, Fothergill cited Galati’s previous case with Action4Canada and he ruled that, “The Statement of Claim in this proceeding is similarly bad beyond argument. For substantially the same reasons identified by Justice Ross in Action4Canada, it must be struck in its entirety.”

The lawsuit had 600 plaintiffs, who contracted Rocco Galati each for a $2000 retainer. 600 x $2000 = $1.2 million. And that’s just the retainer. “We met with Rocco to put a campaign together and find out how many people we can round up to join in on an application for a lawsuit,” said organizer Clay Farnsworth in an interview with the Western Standard. “These types of lawsuits are expensive. We’re looking at $10-12 million dollars.”

Dr. Kulvinder Gill Defamation Suit

Rocco Galati’s multi-million dollar lawsuit on behalf of Dr. Kulvinder Kaur Gill & Ashvinder Kaur Lamba v. 21 defendants was tossed out on February 24, 2022. The plaintiffs are financially liable for their frivolous lawsuit. Kulvinder is ordered by the judge to pay $1.1 million in legal costs to the defendants.

SLAPP

Canada has a very tight legal code concerning intimidation lawsuits or SLAPP (Strategic Lawsuits Against Public Participation). These are lawsuits “intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.” Because of Canada’s strict laws regarding intimidation lawsuits, it is very dangerous to sue people for defamation, libel or slander, because if the judge tosses out the suit, the plaintiffs are liable for all court costs, as we see happened with Dr. Kulvinder.

Did Canada’s “top constitutional lawyer” warn Dr. Kulvinder that she could be liable for court costs if the lawsuit was not successful?

Shortly after filing the Notice of Appeal, Galati filed a motion to be removed as their lawyer. He claimed he was too ill to continue. On May 12, 2022, Justice Gillese granted it, leaving Kulvinder and Lamba in the lurch, with their only option to retain new counsel. If Galati was too ill to continue, why was he healthy enough to continue with the other lengthy list of lawsuits under his direction?

Dr. Kulvinder has another $7 million suit pending against the University of Ottawa, and one of its professors, Amir Attaran. This lawsuit is because of a post on Twitter where the professor called Kulvinder an idiot. It is also vulnerable to another SLAPP motion where she is liable for more court costs if she is unsuccessful in court.

Ontario Law Society Complaints

There are numerous complaints against Galati registered with the Ontario Law Society. In response, Galati has launched a $500,000 harassment suit against the LSO itself:

Rocco discusses the complaints in a video interview with Kuntz:

“I’ve drafted and issued a law suit against the Law Society of Ontario because I’ve had nine—count ‘em—nine complaints in the last 14 months because of my COVID-19 litigation. Do the numbers. Nine in 14 months—what, every six weeks? Now, the first eight were dismissed but, of them, they forced me to respond to three, including these depraved, racist, anti-Semitic complainants. Now they’ve asked me to respond to a fourth and I’ve had enough. I’ve just had enough so I’m gonna sue them too.

So I’ve got—I’ve got four law—I have four—I will, with this UNESCO action—I will have four lawsuits in my personal name because you can’t just let these things go cause I know where they’re going—I know where they’re going with this. I’ve always known. Call me what you want.”

The LSO filed a motion to strike on November 25, 2022, and you guessed it, “the claim, in whole or in part, is scandalous, frivolous or vexatious, contrary to Rule 25.11(b) of the Rules.” Do we see a pattern here?

Conclusion

After four years of litigation and numerous lawsuits, there is nothing to be heard, except a giant sucking sound, created by the vacuum of Rocco’s litigation. A conservative estimate would be that Mr. Galati has appropriated $10 million from the Freedom Movement, who are demographically from the working class of Canada, and are not regular guests on Lifestyles of the Rich and Famous.

At least, at McDonald’s you can get some fries and a milkshake with your nothing burger, but at the Rocco Galati Drive-Thru, all you get is an empty paper bag. Should the Canadian Freedom Movement keep supporting nothing burger lawsuits?

There are a few possibilities, and I will leave it up to you, dear reader, to draw your own conclusions, but at least, let’s look at the options:

1. Rocco is the poor victim of “depraved, racist, anti-Semitic complainants.”

2. Rocco is an incompetent lawyer, even after 30 years in the legal profession. He has made a series of very poor decisions, that not even a first-year law student would make.

3. The court system is corrupt.

4. Rocco is a grifter.

5. Rocco is a grifter funded by the globalists.

The Freedom Community is free to put their hard-earned (and inflated) Canadian dollars wherever they see fit. Common sense would say it’s probably a bad idea to keep putting your money on a horse that never wins, or to keep hoping a lawyer with a poor track record will miraculously find you justice in the Canadian court system.