The Ontario Superior Court of Justice has dismissed a class action lawsuit filed by health care workers who chose not to comply with vaccination mandates implemented during Covid-19 by employers and the province of Ontario.

A group of 473 health care professionals from various sectors launched a class action lawsuit against Premier Doug Ford, former health minister Christine Elliott, current health minister Sylvia Jones, and former minister of long-term care Paul Calandra, in addition to 54 hospitals and hospital groups across Ontario.

The plaintiffs each made the personal choice not to take the experimental vaccine when it was mandated for all health care workers across the province. Everyone was subsequently terminated or suspended.

At the time virtually every major union in Canada sided with the employers, leaving no recourse for unionized employees wishing to file grievances.

By filing a class action lawsuit, these employees hoped the courts would confirm that these mandates breached their individual charter rights, conflicted with various legislation, and “amounted to misfeasance of public office, conspiracy, intimidation, and intentional infliction of mental anguish.”

The court dismiss their case, stating jurisdiction over unionized employees falls within the grievance process set out in their union agreements.

This ruling by Justice Koehnan further described their case as frivolous and vexatious, claiming their accusations are unsubstantiated and describing the mere concept of their claim as ‘straining all credulity’.

“It pleads bald allegations without material facts.”

In a final blow, Justice Koehnan determined that the “the claim’s inflammatory, unfounded, and outlandish allegations of conspiracy and misrepresentation” warranted punitive damages.

The hospitals sought to recoup combined legal fees amounting to $235,589 while the province set its partial indemnity costs at $21,425.

The court awarded a reduced fee of $175,000 for the hospitals and $15,000 for the province; a judgement totalling $190,000 against the plaintiffs.

While we acknowledge that there is a system in place to accommodate the grievances of unionized employees, when that system fails to provide the answers and support it is designed to, what recourse do these employees have if not through our justice system? How can an individual hold their union accountable when their union refuses to file the grievances to even start the process?

These questions remain unanswered.

We continue to be hopeful that our judicial system supports the Charter Rights of Canadians, and acknowledges the damage done by lockdowns, mandates and vaccines.

While the courts have acknowledged that some of the actions of our governments during Covid-19 were illegal and overreaching, we have yet to determine the way forward, legally, for any future pandemic responses.

To read the court decision, click here