Gov't tries to get Rocco Galati's case against COVID restrictions tossed

'Vexatious,' 'scandalous,' 'embarrassing,' 'hard to follow,' and 'consisting of conspiracy theories' were words a government lawyer used to describe the notice of civil claim.

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On Tuesday, we were back in B.C. Supreme Court to cover another COVID-19 restriction related case that the legacy media will probably ignore.

Unlike the previous four hearings, which focused on challenging the constitutionality of the province's discriminatory vaccine passport and it’s rigid exemption regime, the fifth case was a battle to see if a lawsuit related to other COVID-19 measures will ever be heard at all.

Back in August 2021, constitutional lawyer Rocco Galati, who was retained by a non-profit organization called Action 4 Canada, filed a 391-page notice of civil claim in B.C.’s Supreme Court.

The claim serves as a precursor to a lawsuit pertaining to a broad range of COVID-19 measures and how they were enforced.

Some of the defendants responded to the claim with a motion to strike, which is a request for a judge to eliminate the proceeding or a portion of it.

Justice Alan Ross presided over this matter, which had seven lawyers for the defendants in court personally, and Galati, the lawyer for the nearly 20 plaintiffs, in virtual attendance.

That lengthy list of defendants includes Chief Public Health Officer Theresa Tam, B.C. Provincial Health Officer Bonnie Henry, Premier John Horgan, B.C. Ferries, and Vancouver Island Health. Lawyer representing the defendants used words like “vexatious,” “scandalous,” “embarrassing,” “hard to follow,” and “consisting of conspiracy theories” to describe the notice of civil claim.

One of the defendants lawyers, Mark Witten, went as far as submitting that the fact that the claim was heavily fundraised for, but had no action on it for eight months suggests it is more of a promotion piece.

Witten also submitted that Action 4 Canada’s call for people who have been affected by COVID-19 mandates to serve employers, business owners and others enforcing vaccine mandates what they call “notice of liabilities,” something Witten says a layman believes is a form of legal action but is not, is an example of how the claim involves tactics that serve to intimidate.

Galati submitted examples of COVID-related court decisions from around the world that resulted in rulings that favour his plaintiffs position.

He also spent some time reminding the court of some of his legal wins as a constitutionals lawyer, and pointed out that the submissions the defendants lawyers put forth about his claim involving conspiracy theories were not backed by any reasoning and that his claim is full of citations backing up his assertions.

For more comments and quotes of what all parties said in court for this hearing, you can click here to read my live tweets from the courthouse .

In today's report, you'll see a brief recap of what happened in court and an interview with the founder of Action 4 Canada, Tanya Gaw, about the non-profit’s statement regarding their purpose for notices of liabilities and an explanation for why eight months passed between the notice of civil claim being filed to being present in court.

Justice Ross has reserved judgement on this matter, and Rebel News will keep you informed on his decision when it's made.

The legacy media has grossly under reported or flat out ignored all five of these recent and important COVID-19 legal cases in British Columbia, even though their outcome will shape legal precedent for future matters of medical freedom across the country.

If you appreciate that Rebel News has brought you comprehensive reports on these cases, please consider supporting our journalism by subscribing to receive exclusive content from us at

To join our efforts to help restore medical freedom in Canada, and cover the legal expenses of the many vaccine-related cases we are helping The Democracy Fund Charity take on, like the vaccine passport challenge that was heard last month. Please donate what you can at

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  • By Ezra Levant

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