TURMEL: Judge Brown grants stay of damages claims pending appeals
JCT: Over 250 people of the 15,000 who had their medpot grow
permits stalled for up to 11 months had filed for damages
due to the delay and for the back-dating of their permits to
when the doctor signed rather to when the permit starts.
Federal Court Judge Brown dismissed the Crown's motion to
strike the claims for delay though he did strike the claim
for restitution of the ripped-off time as too trivial.
Lead Plaintiff Jeff Harris filed an appeal against the
dismissal of the claim for restitution when losing half the
term for a permit that cost over $2,000 for a doctor
appointment isn't that trivial a loss.
The Crown therefore cross-appealed against his decision not
to strike the damages from delays claims as frivolous. Then
they asked that the actions below be stayed until the
appeals are heard above. So, today, Federal Court Judge
Brown granted the request to stay the actions below until we
get back from above.
Given they offered no reasons, just that they thought the
claims were frivolous, I don't see the Court of Appeal
overturning his decision that they didn't provide him with
any valid reasons to strike.
But it does give us more time to find more of the 15,000
patients who were improperly stalled and get them to file
the Statement of Claim with the other 250 Plaintiffs for a
tiny $2 filing fee!! The more of the 15,000 who file, the
greater chance of getting some justice when we get back
Ottawa, Ontario, October 12, 2018
PRESENT: The Honourable Mr. Justice Brown
ALLAN J HARRIS
HER MAJESTY THE QUEEN
UPON letter request by the Defendant for an order staying
this proceeding and holding all actions related to this
proceeding in abeyance pending the resolution of the
Plaintiff's appeal to the Federal Court of Appeal from my
decision of July 20, 2018, and the Defendant's cross-appeal
from the same;
AND UPON considering that the Plaintiff claims damages which
must be assessed in due course should his proceeding not be
struck, and that the Plaintiffs in the related actions raise
the same and additional claims for damages which likewise
must be assessed in due course should the Plaintiff's
Statement of Claim not be struck, and upon concluding that
the appropriate time to assess such claims for damage is
after the determination of the appeal and cross-appeal;
AND UPON considering a prior request by the Plaintiff that
the Defendant's Statement of Defence respond to a claim for
lost expenses raised by Plaintiffs in the other related
actions currently held in abeyance pursuant to the Court's
Order of December 11, 2017 in this action, and upon
considering a more recent request by the Plaintiff that his
claims be severed from the other related claims to permit
the assessment of damages not raised by him but claimed by
Plaintiffs in the other related proceedings;
AND UPON having concluded that the most just, expeditious
and least expensive course is to order that no further steps
be taken by the parties in this action pending the decision
by the Federal Court of Appeal with respect to the said
appeal and cross-appeal, and that the Defendant's Statement
of Claim, if required, shall be filed within 30 days after
the disposition of the appeal and cross-appeal, and that the
Plaintiff's action shall remain the lead action and that the
other claims related thereto remain in abeyance until such
time as the said appeal and cross-appeal are finally
JCT: Get that. The Crown missed their 30-day deadline to
file a Statement of Defence. They have no defence to explain
why Health Canada used to take less than a month to process
an application but were now taking many months. The claim
for damages is for the value of the pot and rent expenses
lost during any time more than the month it used to take.
THEREFORE THIS COURT ORDERS that:
1. No further steps shall be taken by the parties in this
action pending the decision by the Federal Court of Appeal
on the appeal and cross-appeal of the Court's Order of July
2. The Defendant's Statement of Defence, if required, shall
be filed within 30 days after the disposition of the said
appeal and cross-appeal.
3. The Plaintiff's action shall remain the lead action as
set out in the Order of December 11, 2017.
4. The other actions related hereto shall remain in abeyance
until such time as the said appeal and cross-appeal are
determined, at which time, depending on the decision of the
Federal Court of Appeal, directions may be sought and given
with respect to the trial of the issues raised in the
various actions including the assessment of damages.
Henry S. Brown Judge
JCT: So the appeals are going to take up to a year and
that's up to a year to sign up as many of the other 15,000
victims as we can.
There is the claim for those with large prescriptions who
want the 150 gram limit struck down.
There is a claim to strike the prohibitions because the
right to marijuana juice needs local producers!
There will be a claim for those with permanent illnesses who
want to strike the 1-year limit on permits.
There will be a claim to strike the 2-patient/grower and 4
There will be a claim for damages due to doctors reducing
dosages or cutting patient off due to harassasing calls from
But if you know someone who suffered a long delay while
Health Canada stalled the processing of their permit, here's
a $2 filing fee gets them the chance to win the value of the
pot and rent expenses of which they were deprived during the