National Charter Class Claim


Things happening by injured workers, to Help injured workers!



National Charter Class Claim

This webpage has been setup to provide information regarding the National Charter Class Claim against every one of Canada's Provincial/Territorial workers compensation boards, specifically the WCB/WSIB/WorkSafe, and against every one of Canada's Provincial/Territorial workers compensation appeals tribunals.

Pressently, the plan is to prepare a claim based on the three demands of the WorkersCompIsARight campaign specifically
DEEMING, PRE-EXISTING CONDITIONS, AND IMEs(paid board doctors and paper doctors)

Three more issues/methods of concern have been added.
The first is delays, to address the intentional institutional delays within all of Canada's workers compensation systems.
The second is Age, to address the discriminatory practice of the WCBs and WCATs to reduce, suspend, or deny benefits solely based on a person reaching the age of 65, or being over age 65.
The third is secondary injuries, to address the discriminatory practice of the WCBs and WCATs to ignore the secondary injuries which occur as a result of injured workers having to deal with the workers compensation systems and its respective appeal process.

Additionally, there is an agreement where injured workers will, if they are interested file a Charter class Claim in their own respective province/territory.

If you know of any other Class Actions currently filed against any workers compensation board and/or tribunal in Canada
please let me know by e-mail at fightwcb@gmail.com

Don't Forget to Sign-up to Get Updates
Sign-up for important updates regarding injured workers. Including the next meeting reminders.
You can do this by clicking the sign-up button on the navigation bar or by click here.


National Charter Class Claim - Legal Fund Raising

National Charter Class Claim - Group Meetings


Ontario's National Charter Class Claim Court Documents

Ontario's Notice of National Charter Class Claim

Ontario's FRESH as AMENDED Notice of National Charter Class Claim

Ontario's WSIB's Notice of Intent to Defend

Ontario's Correspondence

Ontario's Notice of Constitutional Question

Ontario's Notice of Motion

Ontario's Notice of First Case Conference


British Columbia's National Charter Class Claim Court Documents

British Columbia's Notice of National Charter Class Claim

British Columbia's Correspondence

WorkSafeBC's Notice of of Defence

British Columbia's Notice of Constitutional Question

British Columbia's Notice of Motion



Alberta's National Charter Class Claim Court Documents

Alberta's Notice of National Charter Class Claim

Alberta's Correspondence

Alberta WCB's Notice of Defence

Alberta's Notice of Constitutional Question

Alberta's Notice of Motion




National Charter Class Claim - Legal Fund Raising

A GoFundme page has been setup to attempt to raise money
to cover some, or maybe some day all,
the costs of filing and legally fighting for
the National Charter Class Claim.




The following individuals have provided donations in addition to those individuals who are listed on the GoFundme page:
George Harding - $300
David Curtis - $210
George Kavaliis - $200
Rod Barrett - $125
Jennifer Baker - $125

The Following is a breakdown of what has been spent.
The information below is what is available. Every effort will be made to keep this current.
  
Item Amount Comment
Ontario Superior Court Claim Filing Fee $229 To file Claim with Court
BC Supreme Court Claim Filing Fee $200 To file Claim with Court
Ontario Superior Court Motion Filing Fee $320 To ask court to file outside Ontario - Action is in progress - Not paid yet
BC Supreme Court Motion Filing Fee Unkown To ask court to file outside BC - Action is in progress - Not paid yet
Alberta Queens Bench Court Claim Filing Fee Unkown  
Alberta Motion Filing Fee $250  
Notice of Constitutional Question - Ontario No Fee  


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National Charter Class Claim - Group Meetings


It was decided to keep with the Sunday at 3pm est and to hold two meetings a month to discuss and have updates.

The following is the list of meetings until the Summer 2022. May 8, 2022 03:00 PM EST or NOON PST
May 22, 2022 03:00 PM EST or NOON PST
Jun 5, 2022 03:00 PM EST or NOON PST
Jun 19, 2022 03:00 PM EST or NOON PST
Jul 3, 2022 03:00 PM EST or NOON PST
Jul 17, 2022 03:00 PM EST or NOON PST



I will also try and send out an E-mail reminder a day or two before the meeting and/or the day of the meeting.



Registration for Meetings


There will be online ZOOM meetings held on the dates listed above, which are on Sundays at 3pm eastern time, or 12 noon pacific time zone.
The meetings will be to provide updates on the filing in Onatrio, BC, Alberta, and eslewhere.
To also discuss and find interested persons in assisting with the possibility of filing in other Provinces and Territories in Canada.
If you have any questions about the ZOOM meeting, you can also send your questions directly to
fightwcb@gmail.com


To register for the above listed ZOOM meetings
and obtain your ZOOM link
PLEASE CLICK HERE.


A registration page will open in a new browser window.
Upon completing the registration process you will be provided the link for the meeting and a calendar reminder option.
This link will be good for all of the above meetings!
You MUST answer ALL the questions!
These questions have been added to protect the privacy of all injured workers who attend!


If you have any difficulties registering for the event or questions,
please feel free to e-mail me at
fightwcb@gmail.com
Please do it well before the meeting. This is so I can help you.




Reminder to Respect Everyone's Privacy

I would like to take this opportunity to remind everyone to PLEASE respect everyone’s privacy.
By this I mean please DO NOT record the meeting or take pictures of your screen.
Thank you!

I have created a short how to change your name in ZOOM for those who wish to further protect their privacy.
You can see the page by clicking here


Strict ZOOM Meeting Etiquette


Due to the size and scope of the meeting, I must insist on strict meeting rules be followed for us to achieve our goals!

  • The meeting will be limited to one hour.


  • Anyone found to be disrupting the meeting and/or speaking abusively to the host or other participants will be ejected from the meeting.

    As there is a delay in ZOOM, a speaker list will be used and only the person who has been asked to speak will be allowed to speak.
    PLEASE DO NOT TELL YOUR STORY DURING THIS MEETING!
    Your story is very important to me and everyone, but please just stick to answering the specific questions. So, I can get a feel of the issues affecting all injured workers in Canada. This will also allow others to speak.
    I DO WANT TO HEAR YOUR STORY, but not here and now.
    In time, I will be provided a way for you to tell me your story and I can post it on my website.

  • To respect the privacy of attendees, the meeting will NOT be recorded, but I will be taking notes, where possible, but will not include any personal information in my notes. I will save the Chat if anyone makes comments in the chat but will not make it public.

    PLEASE DO NOT disclose the ZOOM link and/or invite e-mail to anyone!
    It will be considered a breach of everyone’s privacy and you will be ejected from the meeting and barred from any further meetings.
    I must insist on this to protect people’s privacy and ensure the conversations are kept privileged between us.
    If you know anyone who is interested in wanting to take part in the meeting have them come here as you did and register.
    While I place an extremely great importance of the media, they will not be invited to this meeting.
    This is to ensure the privacy of the injured workers and family members of injured workers.

    As always, your input is valued and it is hopefull the meetigns this will be productive and informative for us all!


    Thank you!


    How to ZOOOOOOOOOOM!



    I have created a short how to change your name in ZOOM for those who wish to further protect their privacy.
    You can see the page by clicking here



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  • Ontario's National Charter Class Claim Documents

    The following are all documents related to Ontario's filing of the National Charter Class Claim in the Ontario Superior Court of Justice.
    Here are any court documents, relevant documents, correspondence, etc. will be placed here.
    Click the image of the document or the bluehyperlink to download a PDF version of the document.
    The docuemnt will open in a new browser window.

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    Ontario's Press Releases/Media Stories

    Here will be placed any relevant and helpful press releases all to share.
    Also here will also be any press coverage, if this EVER happens, of the case as it progresses.
    This is because if it EVER happens as it seems the media steers well clear of any legal claims involing injured workers.
    Almost like the media has been covertly warned to stay well away!







    Ontario's Notice of National Charter Class Claim

    This is the intial document, which is used to commence the claim against the various WCBs and WCATs across Canada.

    Click the image to download a PDF copy

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    Ontario's FRESH as AMENDED Notice of National Charter Class Claim

    This is the amended document, which will be used in palce of the original to commence the claim against the various WCBs and WCATs across Canada.
    Once it is filed with the Court, it will be placed here.

    Ontario's DRAFT Amended Charter Class Claim

    Click the link to download a PDF copy

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    Ontario's WSIB's Notice of Intent to Defend
    It is a document a defendant can file to maintain within the time limits, so they are not held in default, but can take longer to file their defence.

    Click the image to download a PDF copy Even with an intent to defend, the WSIB is still WELL outside the timelimtis to file their defence,
    but they will be allowed GREAT latititude from the courts.
    Why? well becuase it is the WSIB!


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    Ontario's Correspondence
    WSIB - Ontario's Workers Compensation Board, Letter Dated September 15, 2021
    This letter is simply acknowledging the lawyers are representing the WSIB and the WSIB's also the WSIAT's intent to DESTROY the claim in court, by preventing it going to ANY hearing. This is a VERY common legal strategy, which is to deny the common people the right of access to ANY justice!
    The Notice is below in the Court forms section.


    TDS Letter Dated September 23, 2021
    This letter is simply acknowledging the lawyers are representing the various defendants. They are also stating that a party can not be served outside of the jurisdiction, without leave, a motion, to the court requesting for this to be allowed.

    WSIB - Ontario's Workers Compensation Board Letter Dated September 15, 2021
    This is the WSIB just adding their two-cents worth in on TDS's letter.

    TDS Letter Dated January 13, 2022
    TDS is representing other Defendants, who have not even been officially added to the claim yet!
    They are just advising us they have retained more clients.

    WSIAT Letter Dated January 13, 2022
    Mr. Lokan is representing the Workplace Safety and Insurance Appeals Tribunal - Ontario's WCAT. Mr. Lokan, in his letter, is asking the court to assign a judge to the matter before everything has been filed. Mr. Lokan, in typical fashion, is attempting to control the Court and the narrative. Ironically, Mr. Lokan, on behalf of the WSIAT has not filed a defence to Ontario’s National Charter Class Claim, which was filed with the court on August 16, 2021. It is a requirement within the rules of the court that a defendant/respondent MUST file a defence within 20 days of receiving it. Well… at least for everyone else in the world, there must be an unwritten exception somewhere allowing the WSIAT to do as it pleases!

    You will see within Mr. Lokan's letter, his personal distain towards me. There is no doubt to this. Simply becuase I am fighting for my rights and the rights of all injured workers. Like as if we are to accept our poverty with a smile!
    Like Oliver Twist how dare we EVER say, “Please sir can I have some more!”

    What is even more ironic, or as I like to say FUNNY, is that I am currently battling with Mr. Lokan in Ontario's courts with my own matter as he is saying injured workers, even those with brain injuries, should be given NO GRACE AT ALL for any their delays in filing any appeals or applications!
    Another part of me thinks this maybe a political move to push the WSIAT to get this dealt with before Ontario’s election occurs in the next few months. Oh Dougy are you meddling in the court process?

    My Resposne Letter to Regional Senoir Judge Dated January 15, 2022
    I have included my letter to the Regional Senior Judge. In my letter I raise the point neither the WSIB nor the WSIAT have followed the Rules of the Court, but not surprisingly they will not be punished. This is because there is clearly a doubled standard. Injured workers are held to the absolute rule. Whereas the WSIB and the WSIAT well whatever suits them!

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    Ontario's Notice of Constitutional Question
    This a court document used by ANY Canadians to challenge the constitutionality of a law and/or action or inaction of government. In the case of a law, when filed at a Superior Court, the request can have the law and/or section of law declared unconstitutional. As such, under s. 52 of the Constitution of Canada have the law or section declared of no force and/or effect.

    Some examples of the power of a Notice of Constitutional Question are:
    The case of R v. Morgentaler this was a case that ultimately challenged the section of the Criminal Code of Canada that made it illegal to perform abortions. The Supreme Court invalidated the section of the Criminal Code. Thus, allowing abortion for females. While even today it is an extremely contentious issue. This example is not about the issue, it is about the power of the Constitution of Canada.
    The case of Carter v. Canada is a more recent case where an individual challenged the section of the Criminal Code preventing doctor assisted suicide. The Supreme Court invalidated the section of the Criminal Code. Thus, allowing for doctor assisted suicides. Again, even today this is also another extremely contentious issue. This example is not about the issue, it is about the power of the Constitution of Canada.
    The case of R. v. Jordan is a recent case where an individual challenged the action of government. That action being that the government was taking too long to hold a criminal trial for a matter. Ultimately the Supreme Court dismissed Mr. Jordan’s criminal charges and imposed new time limits. The time limits were 30 months for criminal matters heard before a Superior Court and 18 months for lower criminal and quasi-criminal matters.

    There are countless other examples of charter challenges. This is a major specialization within Canada’s legal system. Most importantly, individuals can file charter challenges or Notice of Constitutional Question with administrative boards, commissions, or tribunals. This is because the Supreme Court of Canada clarified that administrative boards, commissions, or tribunals are courts of competent jurisdiction. However, in these matters they can not strike down, or read into a law. They can only ignore the specific section of law the case before them. To change a law an individual would have to file a Notice of Constitutional Question with a Superior Court.

    It should be noted that we did attempt to file a Notice of Constitutional Question first but was advised by the courts that we would first need to file an originating process. That being an action or claim. Then we could file the Notice of Constitutional Question.




    Ontario's Notice of Constitutional Question I have prepared and compelted the Notice of Consitutional Question. This is the court document that turns a claim into a Charter or Constitutional claim.

    Click the image to download a PDF copy

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    Ontario's Notice of Motion
    This a Court document used to ask the court for something.
    This Motion will be to do the following:

    1. Appoint a lawyer to represent the Plainitffs and the cost coem formt he WSIB's insurance fund. Allow Mr.Taylro to be the spoeknsperosn for the Self-Represented Lead Plaintiffs, until such time as the Lead Plaintiffs can obtain and approve counsel.

    2. To certify the Charter Claim as a Charter Class Claim

    3. To allow service of the Defendnats outside of Ontario.

    The purpose of a class proceeding is to bring all or most of the defendants together. This simplifies the process for the courts, the plaintiffs, and the defendants. The plaintiffs gain power through their shear numbers, the cost of representation is share over the collective and in virtually all cases it the legal costs are privately funded by the law firm and/or a private investment company. The courts also benefit form a class as they would only be dealing with one collective group. This is also a benefit to the defendants. The plaintiffs, the court, or the defendants, can ask the court to certify a claim as a class claim.

    Normally, in a civil class proceeding, a party must seek leave, or ask permission, of the court to have the civil claim certified as a class action. However, it will be argued that this is a Charter Class Claim. As such, it should not be required or that if required, the standards should not be the same as a typical civil class claim, it should be more straight forward.

    Normally, in a class proceeding a lawyer is required to represent the class. There will be a request to the court, to allow me to represent the class as a Self-represented Representative of the Class. This will be just until we can get the class certified by the court. In doing so, hopefully we will gain the interest of some law firms who will be willing to take it on a pro bono or on a contingency basis.

    When filing a civil claim, the rules require that a party seek leave, or ask permission of the court to serve a defendant that does not reside within that jurisdiction. So, for example as Ontario’s claim is against many other defendants who do not reside in Ontario normally leave is required. This was brought to my attention by the law firm of TDS, who represents most other defendants in Ontario’s claim. This was my mistake. However, I was under the impression that when brining a Charter Claim, a Canadian can bring a claim against ANY government in Canada on behalf of any other Canadian and that claim can be field in any Superior Court in Canada. A Superior Court meaning, a Supreme Court, a Superior Court of Justice, or a Court of Queens Bench. The courts in Canada have different names but the courts are all the same. That they are Constitutionally empower by s. 96 of the Constitution of Canada.
    Regardless, in the motion, I will include a request to the court we be allowed to file on defendants outside of Ontario and argue the constitutional right to do so.


    Click the image to download a PDF copy




    Ontario's Notice of First Case Conference
    This a document issued by the court, confirming that the first case conference will be heard on August 5 at 2:30pm Est. It also identifies issues to be discussed at that case conference. Note that it does NOT list me or anyone else as the representative. This means that anyone listed as a lead plaintiff will have the opportunity to speak for the group.
    It is advisable to have one spokesperson to speak for the group. This will be discussed at our next meeting.


    Click the image to download a PDF copy

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    British Columbia's National Charter Class Claim Documents

    Here are any court documents, relevant documents, correspondence, etc. will be placed here for British Columbia's National Charter Class Claim.
    Click the image of the document or the bluehyperlink to download a PDF version of the document. The docuemnt will then open in a new browser window.




    BC's Notice of National Charter Class Claim

    This is the intial document, which is used to commence the claim against the various WCBs and WCATs across Canada.


    Click image to download a PDF copy

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    British Columbia's Correspondence

    BC's AGO's Letter, Letter Dated October 18, 2021
    This is a Letter from the BC Atorney General's Office alledgeing they were not properly served.
    Ironic, as the court considers a party served when the party indciates they have been served,
    in addition to the normal process of service.

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    WorkSafeBC's Notice of Defence

    This is the document that the defendnats who ahve been served responded with. Thus far it is only WorkSafeBC and BC's WCAT.

    Click image to download a PDF copy




    British Columbia's Notice of Constitutional Question

    This a court document used by ANY Canadians to challenge the constitutionality of a law and/or action or inaction of government. In the case of a law, when filed at a Superior Court, the request can have the law and/or section of law declared unconstitutional. As such, under s. 52 of the Constitution of Canada have the law or section declared of no force and/or effect.

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    British Columbia's Notice of Motion

    This a Court document used to ask the court for something.
    This Motion will be to do the following:

    1. To appoint a lawyer to represent the palinitffs and the cost come otu of the injury fund.

    2. To Allow _______ to act as a spokesperosn for the Self-Represented Lead Plaintiffs, until such time as the Lead Plaintiffs can obtain and approve cousnel.

    3. To certify the Charter Claim as a Charter Class Claim.

    3. To allow service of the claim on Defendnats that reside outside of British Columbia.

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    Alberta's National Charter Class Claim Documents

    Here are any court documents, relevant documents, correspondence, etc. will be placed here for British Columbia's National Charter Class Claim.
    Click the image of the document or the bluehyperlink to download a PDF version of the document. The docuemnt will then open in a new browser window.

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    Alberta's Notice of National Charter Class Claim

    This is the intial document, which is used to commence the claim against the various WCBs and WCATs across Canada.
    I will be placing this court stamped document here, once it has been accepted by the court.
    Click image to download a PDF copy

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    Alberta's WCB/WCAT's Notice of Defence

    This is where the Notices of Defence or response from the Defendants will be placed, once received.

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    Alberta's Notice of Motion

    This a Court document used to ask the court for something.
    This Motion will be to do the following:

    1. To appoint a lawyer to represent the palinitffs and the cost come out of the injury fund.

    2. To Allow _______ to act as a spokesperosn for the Self-Represented Lead Plaintiffs, until such time as the Lead Plaintiffs can obtain and approve cousnel.

    3. To certify the Charter Claim as a Charter Class Claim.

    3. To allow service of the claim on Defendnats that reside outside of British Columbia.

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    Disclaimer

    While I am personally pursuing this avenue, of considering filing a National Charter Class Claim, I wish to make clear that it is something
    I am doing on my own, as a self-represented injured worker.
    While I have affiliations with other organizations, they have nothing to do with this or anything else I am pursuing on my own as a self-represented injured worker.
    ONIWG or CIWA has NOT endorsed, supported, or encouraged this action.
    While I endorse and support ONIWG’s campaign of #WorkersCompIsARight, ONIWG has NOT in anyway endorsed or supported this action in anyway.
    IWWDC has NOT endorsed, supported, or encouraged this action.
    McMaster University has NOT endorsed, supported, or encouraged this action.
    Or any other organization I am personally affiliated with as an individual.
    While I am a Licensed Paralegal by the Law Society of Ontario, I am NOT advancing this as a member of the Bar.
    The purpose is NOT to provide legal advice in the area outside of the scope of paralegals, but for myself as a self-represented injured worker to bring a national class action based on well-known and common grounds.




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