DAY 1: Adamson BBQ owner's constitutional challenge of Ontario COVID lockdown
Follow along with updates as Rebel reporter David Menzies provides live coverage from Adam Skelly's constitutional challenge of Ontario's COVID-19 era lockdown.

Almost six years after taking a defiant stand against Ontario's sweeping COVID-19 lockdowns, Adamson Barbecue owner Adam Skelly is in court for what could mark one of the most significant legal challenges to the province's pandemic management.
In November 2020, Skelly reopened his Etobicoke restaurant in defiance of the Reopening Ontario Act. The protest, dubbed the “Barbecue Rebellion” drew a large crowd of supporters, media, and, eventually, police as the property was forcefully shut.
Speaking to Rebel News ahead of the court hearing, Skelly said his legal team is claiming “a bunch of Charter violations” occurred in the process.
“Freedom of expression, life and liberty, peaceful protest — even cruel and unusual punishment. If a breach is found, the government will argue it was justified under Section 1,” he told Rebel News' Tamara Ugolini.
The challenge will be heard by Justice Janet Leiper of the Ontario Superior Court in Toronto over February 25–27. Rebel News reporter David Menzies, who closely covered the Barbecue Rebellion as it unfolded, is providing live updates from the courtroom on Wednesday.
Follow along with his posts on X directly or below on this page.
Some 6 years after taking a stand against draconian & nonsensical COVID-19 lockdown measures, former restaurateur Adam Skelly will be in a Toronto court for a 3-day trial starting in 15 minutes. Rebel News is here to report.
— David Menzies (@TheMenzoid) February 25, 2026
Presiding over the case is Justice Janet Leiper, a former integrity commissioner for the City of Toronto. Adam is represented by Ian Perry of Perrys LLP.
— David Menzies (@TheMenzoid) February 25, 2026
Perry says when Skelly reopened his BBQ restaurant in Nov 2020, the state used its “full machinery” to go after a citizen, even though he posed no harm. Perry says the fallout was “vicious” - I.e., the restaurant was closed & Skelly criminally charged.
— David Menzies (@TheMenzoid) February 25, 2026
Perry says it was troubling that Eileen De Villa, Toronto’s then medical health officer, issued 2 trespass notices against Adamson BBQ. The police used these notices to force Skelly & all persons off the premises. Perry says this was “an unprecedented step” by a city health…
— David Menzies (@TheMenzoid) February 25, 2026
Perry notes a Court of Appeal decision regarding another matter stated: “The Constitution does not fade from view in times of crises.”
— David Menzies (@TheMenzoid) February 25, 2026
Perry notes that Skelly was also billed $187,000 to pay for policing costs.
— David Menzies (@TheMenzoid) February 25, 2026
Perry noted Skelly had 3 thriving restaurants in the GTA. The restaurants were lauded by The Globe and Mail and Toronto Life. Customers lined up early. All 3 BBQ restaurants are now closed.
— David Menzies (@TheMenzoid) February 25, 2026
Note: Adam Skelly is not in court today. There are a handful of supporters taking in the proceedings.
— David Menzies (@TheMenzoid) February 25, 2026
A video produced by Hogtown BBQ showing the glory days of Adamson BBQ is now playing in the courtroom. The video shows how the restaurant is packed; there’s a huge lineup outside; the images of barbecued meat are mouthwatering; the reviews are great. Those restaurants & the jobs…
— David Menzies (@TheMenzoid) February 25, 2026
A video produced by Hogtown BBQ showing the glory days of Adamson BBQ is now playing in the courtroom. The video shows how the restaurant is packed; there’s a huge lineup outside; the images of barbecued meat are mouthwatering; the reviews are great. Those restaurants & the jobs…
— David Menzies (@TheMenzoid) February 25, 2026
Perry says former Toronto Mayor John Tory declared a state of emergency in lockstep with the province in early 2020. The lockdown provision is the reason for the constitutional challenge, specifically the ban on indoor dining.
— David Menzies (@TheMenzoid) February 25, 2026
Perry speaks of the social & economic impact of the lockdowns. For example, more than 140 restaurants & bars permanently closed in Toronto alone just 8 months after the lockdowns were imposed.
— David Menzies (@TheMenzoid) February 25, 2026
Perry cites an expert opinion noting that most Covid deaths were in the 80+ demographic. In other words, people who were highly unlikely to be at work or school.
— David Menzies (@TheMenzoid) February 25, 2026
Perry says the social & economic harms must be kept in mind in terms of what these detrimental lockdowns did to society.
— David Menzies (@TheMenzoid) February 25, 2026
Perry notes how some doctors were reluctant to even opine on the lockdown measures if their opinions were not considered to be “pro lockdown.” These doctors felt that their licenses could be at risk.
— David Menzies (@TheMenzoid) February 25, 2026
Perry says as of September of 2020, Skelly had to layoff more than 50% of his employees. These employees were hard working and wanted to work and had families to support.
— David Menzies (@TheMenzoid) February 25, 2026
The court is now in recess for 20 minutes. For all our Adam Skelly videos, please go to https://t.co/0zA6qLmqUz
— David Menzies (@TheMenzoid) February 25, 2026
Perry says there was a point in which there was “friction” in terms of what the city wanted to do & what the province wanted to do. De Villa wanted to further restrict restaurants & bars from having indoor dining. But de Villa recognized her powers were limited and even expressed…
— David Menzies (@TheMenzoid) February 25, 2026
Skelly reached out to his then local city councillor, Jaye Robinson, telling her his business is on the verge of collapse. Robinson said he should reach out to the province. Skelly had already done so but received no response from the province.
— David Menzies (@TheMenzoid) February 25, 2026
Perry says Skelly asked de Villa for evidence re: restaurants, bars & nightclubs being responsible for spreading Covid-19. But there was no evidence.
— David Menzies (@TheMenzoid) February 25, 2026
Another video playing in the courtroom. This one is about Skelly telling Adamson BBQ fans that the Etobicoke location is illegally opening the next day for indoor dining. Skelly says the lockdown “reeks of corruption.” He says the PCR tests are not reliable. Skelly says he…
— David Menzies (@TheMenzoid) February 25, 2026
Perry says the moment Skelly posted his intentions on social media, the city was aware & responded.
— David Menzies (@TheMenzoid) February 25, 2026
Perry says the moment Skelly posted his intentions on social media, the city was aware & responded.
— David Menzies (@TheMenzoid) February 25, 2026
Perry questions what authority the police acted on when it came to placing locks on Adamson BBQ.
— David Menzies (@TheMenzoid) February 25, 2026
Perry notes that at the time, there was no restriction regarding restaurants selling food for takeout. But the city was enforcing a total ban re: Adamson BBQ. The city placed new locks on the restaurant’s main door, thereby preventing Skelly to access his own property. Skelly got…
— David Menzies (@TheMenzoid) February 25, 2026
Perry says the trespass to property charge is a violation of Skelly’s charter rights. The city’s medical officer of health did not have the authority to issue such a charge. And de Villa went further, requiring the closure of Adamson BBQ Ltd. As well, de Villa also had her bylaw…
— David Menzies (@TheMenzoid) February 25, 2026
In addition to the trespass charges, Skelly would also be criminally charged with mischief under $5,000 and obstruct a peace officer.
— David Menzies (@TheMenzoid) February 25, 2026
Perry cites relevant developments post-protest:
— David Menzies (@TheMenzoid) February 25, 2026
- Skelly raised $300K via a GoFundMe campaign.
- March 10, 2021: Skelly is sued by the city and board of health for $187,000.
- June 28, 2021: Skelly’s criminal charges proceed. Drags on until March 2025.
- Skelly has to pay costs…
Court adjourned for lunch. Resumes at 2:20 p.m.
— David Menzies (@TheMenzoid) February 25, 2026
Court resumes re: constitutional challenge of William Adamson Skelly (Adam Skelly) and the Province of Ontario, City of Toronto, Board of Health for the City of Toronto and Eileen de Villa.
— David Menzies (@TheMenzoid) February 25, 2026
To recap: Skelly, who operated 3 BBQ restaurants, was arrested, fined & put out of…
Perry is now speaking of the Health Services Appeal and Review Board. The HSARB was established by the Ministry of Health and Long-Term Care Appeal and Review Boards Act, 1998 to conduct appeals and reviews under 12 different health care statutes. The proceedings under each of…
— David Menzies (@TheMenzoid) February 25, 2026
Perry notes that the issuance of the Notice under the Trespass to Property Act against Skelly on Nov 26, 2020 was unlawful. It was not authorized by the HPPA & was unsupported by any valid statutory power.
— David Menzies (@TheMenzoid) February 25, 2026
Perry notes that the unlawful Notice under the Trespass to Property Act flowed directly from the Section 22 Order & Section 24 Direction issued by Dr. de Villa. This independently violated Skelly’s rights under sections 7, 8, and 9 of the Charter.
— David Menzies (@TheMenzoid) February 25, 2026
Furthermore, Perry notes there…
Perry says his Charter arguments pertain to sections 2B, 2C, 7, 8, and 9. There is no sound reason to exclude commercial activity. As well, the Nov. 2020 reopening of the restaurant was also a political protest. The restaurant’s reopening was not purely a matter of commercial…
— David Menzies (@TheMenzoid) February 25, 2026
Perry cites a 2005 Supreme Court of Canada decision regarding a Montreal strip club. At the entrance to the club, was a loudspeaker that amplified the music and commentary accompanying the show under way inside so that passers-by would hear them. The business was found guilty in…
— David Menzies (@TheMenzoid) February 25, 2026
Court is now on a 10-minute recess.
— David Menzies (@TheMenzoid) February 25, 2026
Perry says Mr. Skelly is not asking that the government guarantee that he will operate a successful restaurant. Skelly just wants criminal charges brought against him dropped. These charges - and other acts by the government - ultimately ruined Skelly’s business… even though…
— David Menzies (@TheMenzoid) February 25, 2026
Perry says that the police holding Skelly for 30 hours after his arrest was another violation of his rights. Freedom of movement must not be trivialized.
— David Menzies (@TheMenzoid) February 25, 2026
Again, Perry notes the trespass notice was unlawful to begin with.
— David Menzies (@TheMenzoid) February 25, 2026
Perry states: the question is not whether Covid-19 did not warrant a response; the question is: was forbidding indoor dining and crushing protests the proper route to go?
— David Menzies (@TheMenzoid) February 25, 2026
Perry notes that a huge percentage of Covid deaths were elderly people that were living in long-term care facilities - most of whom do not tend to dine out in restaurants.
— David Menzies (@TheMenzoid) February 25, 2026
Perry says it wasn’t so much what Dr. de Villa said; it was what she didn’t say. She refused to answer numerous questions regarding charter rights & the law. She refused to provide data. She refused to provide documentation regarding the plan to close Adamson BBQ. She refused to…
— David Menzies (@TheMenzoid) February 25, 2026
That’s a wrap for today. Court is back in session Thursday at 10 a.m. Rebel News will be back as well. Good thing: I’m uncertain there are any other journalists covering this matter. Why would that be?
— David Menzies (@TheMenzoid) February 25, 2026
COMMENTS
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Bruce Atchison commented 2026-02-25 19:27:14 -0500What a butt-backward country the Liberals have made of Canada. Quebec and Alberta want out whenever Liberals run things.