You have the option of contributing to the crowdfund to help support the class action, which is already filed. This is not required, but you are urged to contribute. You can also await certification of the class action, at which point you can join the action as a class plaintiff. Meanwhile, we can take your information and keep you apprised of developments in the case. You can also begin to gather relevant documents supporting your claim, including damages and related expenses.
The class action has entered case management. Two judges have been assigned to guide the case through the certification process. We are awaiting notice from the court about available dates to schedule the initial case management conference with the two judges and the lawyers from the Government of Canada.
The Representative Plaintiff is Chief Gregory Burke. He is a senior who lives in Nova Scotia. He was chosen for a number of reasons, including his resistance to lockdown tyranny, which is being prosecuted there. He is also a Metis hereditary Chief who fits into both of the subclasses described in the class action.
You are not a Plaintiff. There is only one Representative Plaintiff. Other claimants can join the Plaintiff class once the case is certified by the Court. We expect that to take 1-2 years.
Case Management is a process that the court uses in cases involving many litigants. A judge or judges are assigned to guide the case through the litigation. Class actions always go under case management. The case management judge is disqualified from hearing the trials but can hear preliminary motions.
1-2 years. We expect Canada to file a series of motions to have the case thrown out. They also tend to employ delay tactics to drive up the costs of litigation and discourage Plaintiffs.
To be certified, there is a five-part test to be met. The essence of the test is that the case must be of broad public interest and there must be a serious issue to be tried. This is generally a low threshold to meet. Despite this, we expect vigorous opposition from Canada.
A triable issue is a substantive question of fact or law that must be decided by the court to resolve a dispute. Again, this is generally a low test to meet;
We cannot predict when the case will settle. What we expect is that Canada will do everything it can to defeat the action by opposing certification. Most class actions settle post-certification.
Donations are processed to cover ongoing costs of advancing the case.
Approximately 400.
We estimate the costs of taking the case to trial to be roughly $2M.
A retainer fee hires a lawyer to do legal work. The donation funds a group retainer from many donors. If the case is ultimately successful, all donations will be refunded to donors out of settlement proceeds. The purpose of the retainer agreement is to document donations so that we can issue refunds later in the process. A contingency fee agreement has been signed with the Representative Plaintiff in the class action.
At this point, only the Representative Plaintiff is liable to pay any Canada’s court costs.
There are three subclasses within the class action. One is for workers whose employment was interfered with by Canada imposing vaccine mandates upon federally regulated employers. There is also a subclass for those whose mobility rights were violated by Canada. Many will fit within both sub-classes.
We have begun work on the case, which has now been filed. We cannot continue to refund donations now that legal expenses are being
incurred. Refunds were being issued prior to the class action being filed.
Only the Representative Plaintiff is liable to pay costs at this point.
All donations to the crowd fund are voluntary. However, we are accessing funds held in trust to pay ongoing costs of prosecuting the class action.
Donors are not liable for any ongoing or future costs. They can donate or not at their discretion. There are portions of the retainer agreement that are inapplicable, and so we are in the process of revising it. The main function of the agreement is simply to document donations so that they can be refunded from settlement proceeds.
