Action4Canada Case Struck In Its Entirety (No Surprise)
BEFORE COMMENTING, PLEASE READ THE BCSC DECISION LINKED BELOW!
There are always hacks, shills and spin doctors who will gloss over just how bad something really is. In order to keep the prestige and $$ flowing, hard truths need to be ignored.
David Lindsay also misrepresents the applications to strike. It wasn't just that the NOCC was too long, but that it contained tons of irrelevant information, was confusing and disjointed, improperly pleads evidence, goes on and on about non-parties, and asks for remedies (for allegations involving criminal and international matters) that a civil court can't possibly grant.
In reality: the outcome was quite predictable to anyone with a working knowledge of civil procedure.
August 17, 2021 Notice of Civil Claim:
https://canucklaw.ca/wp-content/uploads/A4C-Notice-of-Civil-Claim.pdf
August 31, 2021 Prediction case will never make it to trial:
https://canucklaw.ca/action4canada-statement-of-claim-fatally-defective-will-never-make-it-to-trial/
Responses/Applications To Strike:
https://canucklaw.ca/wp-content/uploads/A4C-Response-October-14.pdf
https://canucklaw.ca/wp-content/uploads/A4C-Notice-of-Application-January-12.pdf
https://canucklaw.ca/wp-content/uploads/A4C-Notice-of-Application-January-17.pdf
https://canucklaw.ca/wp-content/uploads/A4C-Affidavit-1.pdf
https://canucklaw.ca/wp-content/uploads/A4C-Response-to-Application-BC-Ferries-January-19.pdf
August 29, 2022 ruling
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1507/2022bcsc1507.html
Interestingly, the Judge ruled that the NOCC can be rewritten, but "all" of it has to be. That's 391 pages. While there were legitimate issues, the quality of the drafting was far, far below the minimum requirements for a lawsuit.
Tanya's comical press release on the ruling:
https://action4canada.com/legal-case-moving-forward/
It was admitted in court that over $750,000 had been raised for this suit. It may very well be much higher.
According to sources, it's now dawning of the Plaintiffs that they are jointly liable for costs that could exceed $100,000. Tanya hasn't made any promise to protect them.
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