Ontario Appeals Court Upholds Dismissal of Lawsuit Linking Sean Hartman’s Death to COVID-19 Vaccine

2026-04-28

Ontario Appeals Court Upholds Dismissal of Lawsuit Linking Sean Hartman’s Death to COVID-19 Vaccine

Apr 28, 2026 | Blog, General News | 0 comments

 

Ontario Appeals Court Upholds Dismissal of Lawsuit Linking Sean Hartman's Death to COVID-19 Vaccine

Dan Hartman has been fighting tirelessly for accountability for his only son Sean who died 33 days after taking a mandatory Covid 19 vaccine; a requirement to play sports.

In his most recent efforts, the Ontario Court of Appeal has dismissed Dan Hartman’s lawsuit against the federal government stating that “the government owes “no private duty of care” to any individual during a pandemic. Public-health decisions serve “the people of Canada” as a whole, not specific citizens.” The decision was handed down by Justices of Appeal; Bradley Miller J.A., Patrick Monahan J.A., and Renee Pomerance J.A.

Effectively, our government can mandate experimental ‘treatments’, fire us from our jobs and ban us from accessing public transportation and businesses for refusing and then deny all ‘duty of care’ when these mandates cause injury; an abysmal confirmation that Sean’s death amounted to acceptable collateral damage.

The ruling went on to explain that allowing lawsuits like this would create a “chilling effect” on urgent mandates and expose Ottawa to “indeterminate liability.” While acknowledging the “devastating loss” for Dan, they confirm in their ruling that the claim was “doomed to fail” as a matter of law.

Sean received the Pfizer Covid 19 shot in August of 2021 and was found deceased by his father 33 days later. The cause, confirmed through independent autopsy by Dr. McCullough and others, was undeniably shown to be myocarditis caused by the vaccine.

The knowledge that this could happen was always there, hidden from the people subjected to the vaccine mandate but clearly visible in the study data for those privileged enough to see it – young men were always at a higher risk for severe cardiac complications. It was hidden from us because they knew people would hesitate to roll their sleeves up and that, from the government’s perspective, was simply unacceptable.

When our governments and our medical system as a whole cause damage, our courts are there to shield them for the greater good.

Our Charter of Rights and Freedoms promise ironclad protections for life, liberty, security of the person, freedom of expression, conscience and association, and much more. These rights are absolute, with the only exception being Section 1, the reasonable limits clause, which attempts to balance individual rights with societal interest.

Unfortunately, our courts hold the final say in the justification for superseding these rights and the determination of demonstrably justifying government actions using the Oakes test. We know that the government never met this threshold, yet the courts have supported them, nonetheless.

The overreaching covid mandates imposed by our governments effectively stripped away our choice, ignored our natural immunity, and treated our right to informed consent as optional, and now our courts declare individuals as collateral damage.

This was never the intent of our Charter; in fact it was created to protect us from these exact scenarios. Our courts, under political influence, have avoided their duty to protect the people of Canada by allowing the flimsy excuses of government to pass as legitimate justification, creating a liability shield for government coercion.

What Covid has done for us is wake up a population who falsely believed in the inalienability of our Charter rights. The corruption of our system and the liability loopholes being created have put this on full display, showing us just how much work needs to be done to restore the true value and reasons for our Charter of Rights and Freedoms to exist. Our rights cannot be treated as privilege to be revoked at the will of our government. That is tyranny and we must stand against it.

Dan Hartman has expressed his intent to push through to the Supreme Court of Canada, stating “what other option do I have?”

We support Dan in his fight for justice. Sean is not a statistic of acceptable loss. He was a living, breathing, thriving child just trying to cope with the government-imposed isolation of covid mandates.

To donate to assist Dan in his appeal to the Supreme Court of Canada, click here

To read the Ontario Court of Appeals decision, click here 

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