Court dismisses Rocco Galati's appeal to overturn ruling in Action 4 Canada COVID measures lawsuit

THE CANADIAN PRESS/Trevor Hagan

In recent weeks, a constitutional lawyer has been at the centre of some contentious legal actions, including the BC Court of Appeal’s recent dismissal of a pro-freedom organization's appeal to have their challenge to COVID-19 restrictions heard.

In September 2022, BC Supreme Court Justice A. Ross ruled that a lengthy 391-page Notice of Civil Claim (NOCC) — filed by lawyer Rocco Galati on behalf of Action 4 Canada and 19 other plaintiffs — be struck entirely due to its prolix nature, which he found made it "impossible for the defendants to respond to it."

Though the NOCC was struck, the Justice further ruled that the plaintiffs be granted the ability to file a new pleading after amending their claim. Additionally, he awarded the defendants immediate costs for "defending a proceeding" and preparing for and attending an application.

The original NOCC aimed to pursue a scientific and constitutional challenge to various COVID-19 measures, which Galati argued caused hardships for the plaintiffs as they had for many other Canadians. Counsel for the 22 defendants, including BC’s Public Health Officer Dr. Bonnie Henry, Chief Public Health Officer Theresa Tam, and BC Translink, argued that the claim was vexatious, embarrassing, and consisted of "conspiracy theories."

In his reasons for judgment, Justice Ross stated he agreed with the defendants' submissions that the NOCC contained several "improper claims," such as allegations of criminal conduct, that the “COVID-pandemic was pre-planned, and executed, as a false pandemic” through the World Health Organization” and that COVID measures such as “masking, social distancing, PCR testing, and lockdowns” are not scientifically based.

During the appeal hearing in mid-February, Galati clarified that the appellants took no issue with the judge’s finding that the case was prolix and asserted their willingness to submit a more streamlined amended pleading moving forward.

In addition to seeking that Justice Ross’ decision “be set aside and that the matter proceed to trial,” Galati submitted that the Justice erred in awarding the respondents costs and made statements in his reasons for judgment that appeared to “limit or prohibit the court from considering and deciding on scientific facts presented during the case.”

The appeals court clarified that Justice Ross' comments regarding such claims were “obiter” in nature, meaning they were legal opinions rather than legally binding. The court also dismissed the appeal, and upheld Judge Ross’ handling of the costs.

“Regarding the pleadings, the appellants do not challenge the judge’s orders. No appeal lies from his reasons. Regarding costs, this Court cannot and will not substitute its discretion for that of the chambers judge,” Justice Marchand wrote when giving reasons.

Despite the appeal’s dismissal, Galati claims the action was successful because he is no longer “hog tied” by Justice Ross’ decision which he interpreted to have forbade him from being able to seek “critical and certain relief” for his clients.

“The Court of Appeal ruled that that is just his opinion, and I am not bound by it.”

"And that once I draft a new fresh amended claim, I can seek whatever I want, subject to the other side taking issue with it,” Galati stated to Rebel News.

When asked about why he submitted such a lengthy and broad NOCC in the first place and what his response to Justice Ross’s prolix ruling is, Galati said his clients don’t agree with the prolix finding but chose not to further challenge the finding on a matter of practicality.

As for those Galati says are making "blind and deaf criticisms" about the claim's length, including Justice Ross, Galati states he acts on the instruction of his clients, and that "not all clients are the same."

Additionally, Galati says when considering COVID measures and all of the authorities who were involved in making them due to the claim that this is a global pandemic — including foreign agencies like the UN and the World Health Organization — he questions how Justice Ross could have an objection to “pleading facts about the WHO when a lot of the mandates that were imposed in Canada came from the WHO and led to the constitutional violations of advocating sovereignty.”

The appeals court’s decision to uphold Ross' decision to strike the case on the grounds of it being prolix comes within weeks of legal troubles Galati is facing on a more personal level.

Last week, two Ontario-based doctors who were amongst the first of Canadian physicians to speak out against the harms of COVID-19 lockdowns filed separate malpractice suits against Galati and his Rocco Galati Law Firm Professional Corporation.

In 2022, Dr. Kulvinder Kaur Gill and Dr. Ashvinder Kaur Lamba were ordered to pay a whopping $1.1 million in costs for a dismissed defamation suit that Mr. Galati had originally represented them for.

On February 21, the National Post reported that Lamba filed a statement of claim seeking $600,000 in compensation from Galati and his firm, citing allegations that he mishandled her case by favouring “his own anti-lockdown ideology over her legal wellbeing” and exposed her without warning to “astronomical costs.”

In a statement to Rebel News, Galati called Dr. Lamba’s case one without base. “It is the first time in 36 years of practice that I’ve ever been sued by a client and I have represented over 10,000 clients in my career,” he stated.

NEWS RELEASE 🚨

CPSO drops disciplinary proceedings against Ontario physician for opposing harmful Covid policies:

Disciplinary proceedings against Dr. Kulvinder Kaur Gill (@dockaurG), scheduled for a 15-day fully-contested hearing in early 2024, have been withdrawn by her… pic.twitter.com/4UTA6oaDse

— The Democracy Fund (@TDF_Can) September 14, 2023

Rebel News brought to Galati’s attention that Dr. Kaur Gill is also persuing legal action against him. A notice of action dated February 24, was filed by Gill in the Ontario Supreme Court and shows that Dr. Kaur Gill, who is on the hook for the brunt of the costs from the failed libel suit, is also against Rocco and his firm.

In her Notice of Action, the doctor seeks a total of $1,850,000 for damages due to allegations of “professional negligence, breach of fiduciary duty, and/or breach of contract” related to the failed defamation suit and other legal matters Galati represented her for.

The malpractice suits follow Galati losing his own defamation case against the Canadian Society for the Advancement of Science in Public Policy (CSASPP), another pro-freedom non-profit organization. Although the proceeding included affidavit evidence with testimony with examples of how the society’s Executive Director Kip Warner and others allegedly “made malicious and defamatory statements," Justice Chalmers dismissed the case in December, citing that it was brought forward for an “improper purpose” and provided no evidence of harm to the defendants. This month Galati was also ordered to pay $132,268.17 in costs to the defendants.

According to Galati, this matter is under appeal before the Ontario Court of Appeal. “Clearly, I’m of the firm view that Justice Chalmers made seismic errors of law and jurisdiction as a ruling,” said Galati.

Galati went on to further suggest that much of the backlash an criticism he has received from certain individuals is rooted in racism. According to Galati the persons who he believes have targeted him and whom he has sued have made “anti-Semitic and Islamophobic and racist comments” about his heritage. Galati also believes he’s been targeted for his successful track record in constitutional litigation.

In a statement to Rebel News, the founder of Action 4 Canada, Tanya Gaw stated that the organization intends to move forward with filing a new Notice of Civil Claim, with Mr. Galati remaining as their legal counsel. The organization says it is also involved in other legal matters with counsel "aside from Rocco" on "matters of significant importance and public concern."

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