Canadian court dismisses anti-vaxers’ claim; assesses court costs at $190,000

[Northern_Piper]

Covid issue, but putting it here because of the « no debates » rule of n the Quarantine Zone

473 hospital workers sued several hospitals in Ontario, the Premier, past and current health ministers, etc, arguing that vaccine requirements for health workers breached their charter rights, breached various forms of legislation, and amounted to misfeasance of public office, conspiracy, intimidation, and intentional infliction of mental anguish.

The Ontario Superior court disagreed and dismissed their claim on a pre-trial motion to strike.

The judge had some choice words for the plaintiffs.

The court also said the claim constitutes an abuse of process because “the scope of the action is prejudicial, the pleadings are frivolous and vexatious and many of the plaintiffs weren’t named or improperly listed.”

“It pleads bald allegations without material facts.”

The claim failed to prove the defendants were working to conspire with each other to declare “a false pandemic and implementation of coercive and damaging measures” that violated the plaintiffs’ constitutional rights.

“It strains all credulity to accept that the Premier of Ontario, a number cabinet ministers and 54 non-governmental defendants somehow conspired to concoct a plan to declare a ‘false pandemic’ all for the predominant purpose of harming the plaintiffs,” reads the court ruling.

Having dismissed the clam, the court turned to the issue of court costs, traditionally awarded in Canada to the successful parties in litigation

Instead, the court, taking into account “the claim’s inflammatory, unfounded, and outlandish allegations of conspiracy and misrepresentation” sought punitive measures against the plaintiffs and awarded reduced costs to the hospitals, including disbursements at $175,000.

The judge tacked on $15,000 payable to the province, for a total of $190,000.

That’s about $400 per plaintiff, but costs are normally joint and several.

I think this qualifies as an example of « Fuck around and find out. »

[Northern_Piper]

Forgot the link:

Hospital workers who refused COVID vaccine lose court battle

[Ike_Witt]

What a bunch of clowns.

[Lumpy]

What are “charter rights” and what did the plaintiffs claim was a breach of them?

[Ike_Witt]

The charter, IIRC, is something like the constitution/ bill of rights in the US.

The Canadian Charter of Rights and Freedoms

[Strenger]

@Northern_Piper

The judge had some choice words for the plaintiffs.

Those are most choice words!

No other comment, but that was one of the few things that made me smile today, and I thank you.

What a sound beat-down performed roundly!

Most satisfying to read. Would that we had in the US such decisive, affirmative decisions made by those who can.

[Lumpy]

@Ike_Witt

The charter, IIRC, is something like the constitution/ bill of rights in the US.

The Canadian Charter of Rights and Freedoms

I’d presumed that their factual claims were bullshit, but I was wondering if they were also trying for a procedural/legalistic claim that it was illegal to fire them for refusing to be vaccinated.

[Northern_Piper]

Dunno. Like Will Rogers, all I know is what I read in the papers.

[EddyTeddyFreddy]

I daresay they were splattering the courthouse wall with whatever they thought might stick, no matter how thinly remote it might be.

FAFO: Good.

[LSLGuy]

@Northern_Piper

Having dismissed the clam, the court turned to the issue of court costs,

If only the plaintiffs had had the brains to clam up before they launched their laughable clam.

I guess they weren’t the smartest clams in the bucket.

[penultima_thule]

@Northern_Piper

Having dismissed the clam, the court turned to the issue of court costs, traditionally awarded in Canada to the successful parties in litigation

Instead, the court, taking into account “the claim’s inflammatory, unfounded, and outlandish allegations of conspiracy and misrepresentation” sought punitive measures against the plaintiffs and awarded reduced costs to the hospitals, including disbursements at $175,000.

Am naught but a legal neophyte but doesn’t that seem asymmetric ie if they had won, court costs would have been a lot more than $175k?

[Northern_Piper]

Hard to tell. This was well before trial, but obviously a lot of lawyerin’ had been going on.

[Jackmannii]

“It pleads bald allegations without material facts.”

Applies to the antivax movement in general.

The claim failed to prove the defendants were working to conspire with each other to declare “a false pandemic and implementation of coercive and damaging measures” that violated the plaintiffs’ constitutional rights.

“It strains all credulity to accept that the Premier of Ontario, a number cabinet ministers and 54 non-governmental defendants somehow conspired to concoct a plan to declare a ‘false pandemic’ all for the predominant purpose of harming the plaintiffs,” reads the court ruling.

Yeah, they didn’t exactly help their case by spewing the same sort of “plandemic*” nonsense promulgated by conspiracy theorists elsewhere, including the U.S. and U.K.

*it was even made into a musical.