€ sway? No.

S210831

“IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN
CANADIAN SOCIETY FOR THE ADVANCEMENT
OF SCIENCE IN PUBLIC POLICY PLAINTIFF
AND
HER MAJESTY THE QUEEN IN RIGHT
OF THE PROVINCE OF BRITISH COLUMBIA
AND
Mm DRKAIAIIC LICOAIDVIALLICD PADACITVYV AC DDO VINICIAL WEA TH

OFFICER FOR THE PROVINCE OF BRITISH COLUMBIA

Brought under the Class Proceedings Act, R.S.B.C. 1996, c. 50

Name of applicant: The Plaintiff, Canadian Society for the Advancement of Science in
Pitblic Policv

TO: The Defendants

Crerar at the Courthouse at oVU omithe otfeet, Vancouver, DU Of) JUNE 42U, 2UZ42 dl v.40

a.m. for the order(s) set out in Part 1 below.

41. This action be certified as a class proceedina:

2. The Class be defined as:

All persons residing or doing business in British Columbia who, since on or after

actions of the defendants in declaring a ctate of amerqency nureiuant to the FPA

and Part 5 of the Public Health Act (the “Class” )

ne eee” aes! ee ee |
3. The sub-Classes be defined as:

a. All members of the Class with physical or mental health conaitions inciuaing
inability to communicate verbally, physical or psychological conditions that
make wearing mask or being vaccinated dangerous to their health (the
“Disability Subclass’);

b. All members of the Class who had medical procedures scheduled from
March 17, 2021 onward, which were cancelled or delayed by order, decree
or other directive of the defendants or each of them (the “Medical Subclass”);

c. All members of the Class who, at any time from March 17, 2020 held sincere
religious beliefs that prohibited vaccination (the “Religious Subclass’).
TL Mint tiff ke mmnninins an than ranrncantatinsa Dilaintiftl far tha Clace:

5. The manner in which and the time within which Class Members may opt out of the
nroceeding’

6. Certifying the common issues as set out at Schedule A;

¢. Approving tne Litigation Filan at ochedule b,

-8. | Such further and other relief as counsel may advise and this Honourable Court may

Fart 4: FAUILUAL DAIS

1. On March 17, 2020, the Provincial Health Officer issued a notice under the Public
Laatth Art (tha “DYA"\ that tha tranemiccinn nf tha infactinne agent SARS-CoV7 had

caused cases and outbreaks of an iliness Known as COVID-179 In poritisn Columbia.

2. Tne toliowing day, on Marcn 16, 2U2U, the Wiinister of Fublic oalety and ooOilCitor
General declared a “state of emeraqencyv’” under the Emeragencv Proaram Act RSBC 1996.
a a a ger -—, » 4

Cc. Ill (era ).

v.
. Columbia economy issuing orders prohibiting attendance at restaurants, fitness facilities,
shopping centres, religious and other peaceful gatherings, issued travel bans and cancelled
medical treatments.

4. While hospitals prepared for an influx of COVID-19 patients, many medical

nrnradiirac and nneratinne were cancelled tinder the Defendants’ directives. However. the

high number of intensive care COVID-19 patients did not materialize. Most people infected
with COVID-19 experienced mild to moderate influenza-like symptoms that abated quickly.

- 5. By June 24, 2020, the Provincial Government and Public Health Officer's restrictions
on non-essential travel, hotels, and film industries were lifted. By September 2020, on site
and in person instruction at public schools was reintroduced.

6. Despite the relatively low number of persons infected by COVID-19 in British

Columbia, the Provincial Health Officer failed to provide notice that the emergency had
passed and the Lieutenant Governor in Council continued to extend the emergency
declaration under the EPA.

7. British Columbia was in the longest state of emergency in provincial history.

ma mM 4

3. Aitnougn the state of emergency was cancelled as of June oV, 2U41, ine rrovincial

Health Officer continued to issue orders pursuant to the PHA. despite there being
Ph a Mn kw ee ee
INSUTTICIENT eviaence OF feasONnapvie Cvigence tal WIC PIChOQuioNh€s Ul os. Ve UEUIC Fri Wore

met.

9. The language the Defendants have used, and continue to use, in public statements

only report the case fatality ratio (the “CFR”) rather than infection fatality ratio of COVID-
40 IER") In raality thea ninmbher nf narenne infartad hit nat ranortad ie cianificantls hiqhar
as

than the cases reported. nis means that tne true fatality due to COVID-19 Is signiticantly
lower than renorted hv the Defendants.
10. This misunderstanding of statistical data has caused, and continues to cause,
unwarranted public alarm.

11. The reverse transcriptase polymerase chain reaction (“PCR”) testing methodology,
which the Defendants have used. and continue to use. to determine the presence of COVID-

19 in a person inaccurately slant results towards a higher number of positive infectious

cases of COVID-19 in the population than there actually are. This in turn causes further

12. In spite of this a positive result has been used as a basis to enforce isolation of
individuals on the grounds that they may have, and may be contagious for, a disease for
which they show no symptoms, and from whom no COVID-19 virus had been isolated,
purified, or shown to be biologically active.

13. | The provincial government also failed to establish legally binding conditions on the |
use of sub-delegated powers to suspend, waive or otherwise alter statutory provisions for
some Ministerial orders and subsequent orders replacing them.

4A The Pravincial Health Officer hac ieciiaed more than 50 orders under the authority of

rar o orme Fra, inciudging verbal oragers (ne rnA Vacs ).

basis for issuing the order and do not satisfy the requirements of s. 52 of the PHA.

16. Ministerial orders and PHA Orders related to COVID-19 (collectively, the “Orders”)

medical and scientific principles and research, and do not satisfy the requirements of s. 9
of tha EPA and ec 52 anf tha DHA
Effect of aovernment measures on British Columbians

17. The effects of these restrictions placed on British Columbians have caused personal
Bt namanan Aienranartianata tn any thraat nneadn hy COVIDN_1G inchiding hi it not 4

limited to the following (the “Restriction Effects’):

a Glianifircant incraacea in nverdonce deathe:

dD. increase In suicide rates,

c. Increase in depression and mental-health illness:

Q. LOSS OF Qa Ul CHIpPIOoyrmlent,

e. Increase in domestic violence, including child battery;

g. Increase in divorces and deteriorations in personal relationships;

hq PMaarnanen in critical eannnrac far tha Anmalace and Inw incnamea’

i. Increase in insurance premiums;

a’ Rofiieal nf madical traatmant ta tinvaccinated nerenns:
Se ow? we ere wer er OSes

k. And others.

Class members’ ability to move freely within British Columbia.

19. Orders limiting peaceful assembly have stopped or limited the putative Class
mamkkarae intant and rinht 4a nmiikliahs nrataet ar Athanancn avnrace navnlitiral ang anthar viawasc

between at least November 7, 2020 and February 10, 2021.

20. The cancellation of surgeries anda additional medical diagnostic and other
nrocedures echediuled on or after March 17 9090 have caused and continue ton caisce
personal injury to members of tne Medical oubclass and resulted in aiscrimination against
the members of the Medical Subclass based on physical or mental disability.

21. PHA Orders mandating persons be vaccinated against COVID-19-in order to

 y
secure employment or participate IN VallOUS ACUVINIGS, aUeHU CVOIS, [Colatilatlo, MUR
travel accommodation and other activities that allow these persons to fully participate in
British Columbia and Canadian society are forms of compulsions and prohibitions that affect
fundamental life choices of putative Class members.

22. Orders mandating face coverings that did not provide sufficient exemptions for
Medical Subclass and Disabled Subclass to be unable to attend grocery and other stores,

FQ
aw Tha Nafandante haya failad ta nrnvide reaacnnahle accommodation to oiutative

Class members sucn as exempting persons wno nave recovered 1rom VUVIL-1y, OF Nose
who vroduce a neaative rapid antiaen COVID-19 test as an alternative to proof of

time.

tn Peat
tw Lanw WATE SPAN SF

disadvantaged positions in Canadian society and have resulted in differential treatment

hatyvaan Siiheclaece AMamhere and anther mamber of the British Columbian and Canadian
society, without providing tor reasonabie accommodation. [his Nas also resuited In the
nernetuation of false stereotvnes of Subclass Members. bv beina perceived as:

fet. _

a. Gangerous lO Ihe Pubic heal,

b. ignorant;

d. undeserving of medical treatment;

a each nthaor narticiilare ac may hoa nrnvindad of tris!

20. At various times, the Fublic Healtn Onicer stopped requests for reconsideration,
and/or failed to respond to reauests for reconsideration within a reasonable time or at all.
 ga,

20. ine process of reconsideration of tne FMA VUraers Was ana COMUNUCS [O DE sIOW
and lacks indenendence. and was not proportional to the riahts affected. resulting in a

discriminatory effects of the Orders on putative Class members, including Subclass

Members.

Part 3: LEGAL BASIS

rt
“a —=p 8 —. «#8 —. yg ~~ ~ g» ~— 9 © - gg . wap gmp... f~4.... . _. _ tI’. wer Ant FPOCVIBK® AMMM . ET stem

“Act’) are as follows:

Alt) Sithiact to eubcactione (3) and (A) the court must certifv a nroceedina as a

class proceeding on an application under section 2 or 3 if all of the f following

requirements are met:
(a) the pleadings disclose a cause of action;
(b) there is an identifiable class of 2 or more persons;
{r\) tha claime of the clace mamhere raice common iscijes whether or not those

Common iecijes aredarninata over iesiuies atari only individual members:

ISSOMUOr! OF UIE COMMMOT lsouco,

(e) there is a representative Plaintiff who

fit wuintiaA fairhs ana adaniiatalhs ranracant tha intaracte nf tha riace

(Il) nas proaucea a plan Tor me proceeding mat ats oun a WOrKabie PASS
or Sevenleing lead | PICcecany On Denail OF the Class and OT neg Class
a 7 a |

members Orme procecaing, ala

(iii) does not have, on the common issues, an interest that is in conflict with
the interests of other class members.

2. Inls case Is well suited to, and shoutd be certified as, a Class proceeding.

3. Certification is not meant to be a test of the merits or strength of the action. Instead,
rartfirzatir~an fan), leas Aan than farm af tha antinn

4, The first requirement, pursuant to s. 4(1)(a) of the Act, is whether the pleadings
qiecinea anv cearicale\ nf artinn anainet tha Nafandante A niaintiff eaticfine thic

requirement unless, assuming all facts pleaded to be true, it is plain and obvious that
tha niaintiffe claim cannot ciiccaad Thie ice dacridad nn tha niaadinne alnna Thea Cniirt
?
 must read tne pleadings generously and tne piaintit need only satisry the Court tat

the action is not bound to fail.

Tha Diaintiff nlaane ans raline An tha Ant tha fCharfar tha fnncatifiitinn Art 41029

me AMenaea NOUCE OT LIVI! Ulaim falses genuine legal anda factual QUESTIONS tnatl

must be determined at trial. Accordinaly. the requirement in section 4(1)(a) of the Act
Bee ee Be ee es

7. With respect to the remaining requirements for certification set out in sections 4(1)(b)
throiiqh 4/f1\fa\ af tho Art tha Plaintiff naad nnly chnw “enma hacie in fart” Thie ie a

low evidentiary thresnold tnat falls below the balance of probabilities test.

s.4(1)(b)

Q Cartinn
Ne et Al1\fh\ aft tha Ant raniirac that thara ha an idantifinhla rlace nf han Ar mara
.
persons. This requirement has been satisfied given the proposed class definition, |
which
REE EEhasEEE
ohiective
EEEcriteria
EE EEREand ie
IScifficiently
ER I EE clear AnySIDI
EE IES narticiilar
IEEE nerenn’s
IOS SSS claim
SOSto

membersnip in the Class Is getermined by stated, objective criteria.

9. There is a rational connection between the common issues and the proposed class
definition.

—
10 Citadel law Cornnratinn hae hean retained tn ranreacant the Plaintiff who wae
_—

incorporated for the express purpose representing inatviduals personally atrected by

the Defendants’ actions with resnect to Covid-19.

TI. section 4(1)(c) of the Act requires tnat the claims of Class Members raise a common
issue. The commonalitv threshold is low and a triahle factual orgf
leqal icciie which
fee

AUVd Ces Wie HUuQatiOn when aeltermined will De SUTTICIENT.

12. The Plaintiff proposes common issues of fact and law, as set out at Schedule A.

13. The Plaintiffs Affidavite eneak to the cammonality of tha fartial avante in ieciia eaieinny
EEE EE IEEE IEEE IEEE

common issues Of law. [here IS some basis In tact, on tne record before the Court,
 a

that the resolution of the proposed common issues is necessary to the resolution of
each Class Member's claim. The resolution of these issues will avoid duplication of
fact-finding and legal analysis. Accordingly, the requirements of s. s.4(1)(c) of the Act
have been met.

s.4(1)(d)

14. To satisfy section 4(1)(d) of the Act, a class proceeding must be the preferable
procedure for the fair and efficient resolution of the common issues.

15. Section 4(2) of the Act, lists the following matters that the court must consider in

4(2) _Indetermining whether a class proceeding would be the preferable procedure

for the fair and efficient resolution of the common issues, the court must consider all
relevant matters inciuding tne Ttollowing:
(a) . whether questions of fact or law common to the members of the class
predominate over any questions affecting only individual members;
Th\ wahnthree nn swinnifinant nimbkhar nf tha mambare nf tha place haus 4 ualiA intaract

in individually controlling the prosecution of separate actions;

(c) whether the class proceeding would involve claims that are or have been the
subject of any other proceedings;
(d) whether other means of resolving the claims are less practical or less efficient;
(e) whether the administration of the class proceeding would create greater
difficulties than those likely to be experienced if relief were sought by other
maanc

16. |The common issues in Schedule A predominate over any questions affecting only
individual class members. :

17. Aggregating these claims under the Act benefits Class Members and the judicial
system. Requiring Class Members to prosecute separate actions would be expensive,
Mpracucal and INCMCOeNL Ml realy, hese Claims WOUId NOt de DIOUGHNI as INAQIVIQUal aClOons

since the damages owed to each Class Member will be relatively small. Class Members
would have no redress for the spectrum of damages they have suffered as a consequence
of the Defendants’ conduct. A class proceeding will avoid inconsistent findings and will
promote the goals of class action litigation.
 Arf

16. AS sucn, there Is some Dasis In fact, on the recora before ine VOUT, Wat a Class
vroceedina is the preferable procedure for the fair and efficient resolution of the common

s.4(1)(e)

19 . Section 4(1\(e) of the Act requires that there be a representative Plaintiff who:

acy warmiilA fairhks ann adaniiantah:s ranracant tha intaraete anf tha rlace

(ll) Nas proaguced a pian for the proceeding tnat sets out a WOrKadie memoa Of
advancing the proceedina on behalf of the class and of notifving Class Members
or tne proceeding, ana

(iii) | does not have, on the common issues, an interest that is in conflict with the
Intaracte Af Athar (‘lace Afammhare

Oe

Mr. Warner devoses that the Plaintiff will do its best to fairly and adequately represent the
® £ _ ff wu i i ee i i es es i

that conflicts with the interests of other Class Members.

24. The pvrovosed litiaation plan attached as Schedule B addresses the proaression of

common issues and, ultimately, for distributing damages to Class Members. The plan is

proceeds.

99 Certification of thic actinn ac a clase nroreeding meets the three anale of class

proceedings as described Dy the supreme Court of Canada In the tiiogy Of Numey V. orlisn

Columbia. 2001 SCC 69. Hollick v. Toronto (Citv). 2001 SCC 68. and Westem Canadian

SCC 69, namely:

“iy arrace th tictira:

eee ee ee el sa ee
 44

Cu) penaviour Mm

Parts. WAITOCNIAL IV DE NELIEY VN

Affidavit 4 -.£ BE eriancln Carntambhar 12 9N94-

Affidavit #1 (fi «SO made Jlantiarv 10 9099-

4 FAAS,

ru

—
40 Affidavit #1 of BE made laniiary 7 9N92-

td. AIQavil #2 Ol Be (TIO VCLODE! 20, 2VUzZ4 I,

Aes ir rrr.

AA

Tha Annmiiaamt aatimatasa that dha amnmitaatianm «all dala AZ gearim

Thie mattar ic nat usthin +he jiiricdiztinan af a Adactar

ew owe

Aare afar eaninn rf thie nAtrAn Af annlinatan

 Am

(a) file an application response in Form 33,

(DO) The the Oflginal OF Every alliQavil, ana OF Overy Olle GQOCUITICHIL, Ulal

fii vou intend to refer to at g

the hearingl
of thie annlication. and

(ii) has not already been filed in the proceeding, and

Ir\ namin mm thea anewlinant % nnawnian af than fallaruasirnna and an man: mnthar narh: Af

recora one copy oT the folowing.

fii a enny af tha filad annilicatinn reacnnnce:

(ii) a copy of each of the filed affidavits and other documents that you intend
to refer to at the hearina of this application and that has not already been
earnrad an that narenan:

(iii) if this application is brought under Rule 9-7, any notice that you are
reqniired tn aive under Riilea 9-7 (QO).
ap

. Date: January 10, 2022

vignature @ \awyyer tor Applicant
PVLINA TUN TULALe |

To be completed by the court only:

| Order made
fi wnt Dart 4 nf thin nnrtinn ~f

| [] with the following variations and additional terms:

Data: (ind/dmmmAnrsy)

signature or| | Jugge| | Master

 49

Appendix
Tk Lom Phe ten ee tnd een mbine im maemianand fne Aetn antllantinn nirrnnanese nnhs and fa nf nn lana!

THIS APPLICATION INVOLVES THE FOLLOWING:

[Check the box(es) below for the application type(s) included in this application. ]
[]. discovery: comply with demand for documents

[] discovery: production of additional documents

[] other matters concerning document discovery

“[] extend oral discovery

[] other matter concerning oral discovery
|

L} aaa/cnange palties

ij summary juagment

{|} summary trial

ij service

meaiation

{] adjournments

-[] proceedings at trial

[] case plan orders: amend

[] case plan orders: other

[] experts

[X] other - certification

Ns

7
‘Emarnancu
welDrarnirarm Art
eo pws

Columbia exist under the Emergency Program Act, RSBC 1996, c. 111 (“EPA”) on

2. Did the legally binding conaitions necessary to continue extending the state of
amernency in Rritich Colttmhia eviet tinder the FPA nast March 18. 2020?

necessary to deal with the nature of the problems posed by COVID-19 in British

rrovinciai rieaiin Act

Ne
4. Did the Provincial Health Officer have grounds to reasonably believe that the

ae

March 17, 2020?

9. Uta the Provincial mealtn Or1icer nave grounas to reasonably believe tat te
conditions set out ins. 52 ofthe Public Health Act SBC 2008. c 28 (“PHA”) exist past:

a. Wlay 2VveLv:

bd. June 24, 20207

c. June 30, 2021?

aR Nid tha Dravinceial HMasalth Officar fail ta nrnavinda natirga that tha amarnanry hac nacendA

despite reasonable medical, statistical, and scientific evidence to the contrary past:

a. May 2020?

GC. JUNE OU, £2UZT £

 Ar

7. Did the orders listed in questions 9 to 17 of this Schedule A exceed the Provincial
Health Officer’s statutory authority?

2 l\Alaran tha DUA NrAare innnancietant vith actahliehar madiral and eriantif—ficr nrineiniac

and the actual ramifications of COVID-19 in British Columbia?

Charter

Co Nn tha falilavusina Oroaare manda jrindar tha CDA and DHA that nrohihit nr ractrict
ee ee wed ralininisc

gainerings intringe on the s. 2(a) Charter rignt of freedom oT conscience ana religion:

a. PHA Orders: “Gatherings and Events” - Auqust 7, 2020, September 18, 2020,

“Gatherings and Events” orders, each as amended from time to time;

bh WMinieterial Ordere M214 (Aiia 90 2090) M358 (Sent 20 2091) M416 (Nov.
a? EE

19, 2U2ZU), MUTS (January. 6, 2UZ1); ana

c. Such further orders as may be advised at trial.

141
=e Taq tha fallowing ardare mada tinder tha HKPA and PHA Ordere that nrohihit nasaroaf |!
eS

gatherings intringe on te Ss. z2(c) Unarter rignt of rreeaqom OT peaceiul assembly and S.

2(d) Charter riaht of freedom of association:

November 19, 2020, December 2, 9, 15 and 24, 2020, September 10, 2021
and erheaniiant “Catharinne and Evante” ardarc aanrh ac qamandad fram tima

to time;

b. PHA Orders: “Post-secondary Institution Housing COVID-19 Preventive

c. Ministerial Orders M314 (Aug. 20, 2020), M358 (Sept. 20, 2021), M416 (Nov.
12 9N90N\ EEE
MN12 Llaniiarvy
EEE EE & 9N91\: and
TT. Do the following oraers, alrectives, or aecrees (nat pronipit OF mit Mmeaical proceaures
infringe on the s. 7 Charter right of life. liberty and security of the berson and s. 15

a. BC Centre for Disease Control “Public health statement on extension

af the intarval
ws =e

—
hatwaan firet and earnnd dacec anf COVIDN_19 varcrineae in RBC”
—_

- updated 24 uvune 2021;

b. Such further orders, directives or decrees as may be advised at trial.

49 . Nr tha fallnvusinna nrAare mana tindar tha CDA that rantral ar nrnhihit traval ta nr fram
any area of British Columbia under s. 10(1)(t) of the EPA limit the freedom of peacetul
accamhly” under « 2c) of the Charter or “the right _ to move to and take un ~
resiaence in any province under s. o(2)(a) OF The UNalter, ana te Mgnt nOow-lo be

arbitrarily detained or imprisoned under s. 9 of the Charter:

(May 25, 2021);

bh. Such further orders as mav he advised at trial.

42.)
ses Dyn tha fallawing ardere that raniiira==—_—
a narenn
NS Pee wereth
aurander aeccictancea of a tyne that the

“person Is qualified to provide under s. 10(1)(e) of the EPA timit the right to Iie, liberty
and serurity of the nerson and the right not to be denrived thereof excent in

~accoraance with tne principles of runaamental jusdce under s. /¢ Orme Unaller.

a. PHA Order: “Delegation: Travellers” — April 10, 2020 and April 14, 2020;

b. Such further orders as may he advised at trial.

without warrant under s. 10(1)(i) of the EPA limit the right to be secure against

a. FHA Order: Mass Gatherings -— March 16, 2U2Z0 and subsequent

amendments:
 Cc. oucn Tturtner oraers as May be aavised al tial.

15. Do the following orders that limit or prohibit reconsideration of PHA Orders infringe on
tha ce 7 Charter ac they do not accord with the nrincinles of fundamental iusetice:

21, 2021”;

h PHA Order: “Variance nf GCatharinge and Evente & Fond And I iquar Serving

Premises Orders to Suspend Reconsideration re Proof of Vaccination” —

November 12, 2021;

c. PHA Order: “Hospital and Community (Health Care and Other Services)
COVID-19 Vaccination Status Information and Preventive Measures” —
November 18. 2021:

d. Such further orders as may be advised at trial.

1O. VVasS Ineێ process of reconsideration or the rrovincial mealin Ulcers FRA Urde;>rs .
contrary to the principles of fundamental justice?

47 Tin tho fellavsina ardare nr nalinine nf tha Drayvinerial Maalth Offirar that mandrAata

vaccination infringe on the s. 7 Charter right of life, liberty and security of the person
and s. 15 equality rights particulars of which include:

a. PHA Order: “Food and Liquor Serving Premises — September 10, 2021”;

b. PHA Order: “Gatherings and Events — September 10, 2021”;

c. PHA Order: “Post-secondary Institution Housing COVID-19 Preventive

Measures” — September 9, 2021 |

d. PHA Order: “Covid-19 Vaccination Status and Preventive Measures Order —

August 20, 2021, September 9, 2021 and further anendments;

e. PHA Order: “Residential Care Staff COVID-19 Preventive Measures PHO

Order” — September 2, 2021;

f. PHA Order: “Variance of Existing Orders to Suspend Reconsideration — April

12, 2021”; |
 40

b. BC Centre for Disease Control “Public health statement on extension of the

interval between first and second doses of COVID-19 vaccines in BC” - -
updated 24 June 2021; and

a. Such further orders and policies as may be advised at trial.

18. If any of the orders listed in questions 9 to 17 of this Schedule A violate the Charter,
can such violations be saved by section 1 of the Charter?

Damages

_ 19. If the Defendants are liable to the Class Members, what is the appropriate quantum
of damages?

20. Should the court make an aggregate damages award for all or part of the damages
pursuant to Part 4, Division 2 of the Acf? If so, in what amount?

21. If awarding aggregate damages is not appropriate in the circumstances, what is the |
appropriate metnod of assessing damages?

22. Should the Defendants pay the cost of administering and distributing the Plaintiff and

23. Would damages fulfill one or more of the related functions of compensation,
vwindiratinn nf tha rinht andinr Aatarranra nf fi it) — hraarhac?

2% Mave tne vefenaanls agemonstfatea CouNntervalling actors Wlat Geieat the truncuvonal

considerations that support a damage award and render damaaes inappropriate or

25. What is the appropriate quantum of damages?

 ar

SCHEDULE “B” - PROPOSED LITIGATION PLAN

CLASS COUUNSEL ANY IME REOUURLES AVAILABLE IU FPRVOEUVIE IME
ACTION

1. The Plaintiff counsel (“Class Counsel”) possesses the requisite knowledge, skill,
experience, personnel, and financial resources to prosecute this class action.

2. Class Counsel anticipate that prosecuting this action will require:

(a) reading, organizing, profiling, scanning, managing and analyzing thousands of

fg

(0D) We aNalysis OT COMPICX legal ISSues, dla

(c) expert evidence.

THE COMPOSITION OF THE CLASSES

2 , At nracant tha Clace ic dafinad ac:

me

ll persons residing or Going DUSINGSS m erst SEIT eA who, since on or aner

Maren VV, 2U2V, nave surered personal Injury or otner agamages as a resuit or the
actions oT tne defendanis In aeciaring a State of emergency pursuant to the CrA

a. Ail members of the Class with physical or mental health conditions inciuding
inability to communicate verbally, physical or psychological conditions that
make wearing mask or being vaccinated dangerous to their health (the
“Disability Subclass”);

Bs qq 4 => Fa Fam A e Bg

. Wiarton If, 2021 ONnWarla, whnicn were Cancellea Of Gelayea by order, decree
or otner airective of the aeTendants or eacn ortnem (the medical oubdciass );
REPORTING TO AND COMMUNICATING WITH CLASS MEMBERS

Racad on nithlicly availahle information narticilariy nawenaner and other media

reports, Class counsel estimates tnat at least several nunarea thousand people in
British Columbia have been affected by the Defendants’ policies since the start of

LIS Glass Perou.

6. The Plaintiff has developed a website for this proposed class proceeding at
EEE eee

aisoO haS ae website dedicateq to ts class action work at

httns //citadellawvers c3/current-class-actinns/ (“Counsel Wilehsite”) Current

Information On the Status OF he action iS posted on the Fialhuirs vvepsite and will be

posted on Counsel Website (collectively, the “/Websites”) and will be updated

action will be accessible on the Websites.

7 The Coiineal Weheite cantaine the contact infarmatinn af

a ee ee ee ee ee — oe | See ee
ie clace coineal and allawe

Class viembers to submit enquiries to Class counsel. Enquiries are sent directly to
Class Counsel who will promptly respond.

identified themselves as interested in participating in the action.

vy Th» PT laine fF mal tha

amendments to the Response to Civil Claim in accordance with the Supreme Court
Cnnl Pidace ar tha nanaral nrarnting anf tha Crrirt in raenart nf place nrnnacrAinanc
LITIGATION SCHEDULE

August 25, 2021 | Deadline for Defendants to provide demand for

particulars
| |

| September 15, 2021 | Plaintiff's Amended Notice of Civil Claim be filed and |
served

September 27, 2021 Further Judicial Management Conference be held during

week of September 27, 2021

October 8, 2021 Defendants' Amended Response to Civil Claim (if

applicable) |
| November 30, 2021 Plaintiff to disclose the expected number of expert
reports to be tendered on certification and area(s) of

the identity of experts

| January 10, 2022 Deliveryaffidavits,

of Plaintiff' s certification
including application and
expert evidence
| | :
March 11, 2022 Delivery Defendants’ certification response and affidavits
as well as rule 9-5/9-6 application materials, including
expert evidence

April 1, 2022 Delivery of Plaintiff's reply materials on certification, and

application response

April 15, 2022 Delivery of Plaintiff's certification argument

May 27, 2022 Delivery of Defendants’ certification argument

June 10, 2022 Delivery of Plaintiff's reply certification argument

June 20, 2022 Certification hearing (to be heard contemporaneously

with Defendants’ Rule 9-5 /9-6 Application)

11. A further case conference will be scheduled after the certification application, to
finalize the schedule for the following:

a. delivery of any further amended Response to Civil Claim;

it
 dD. aocument proauction,

c. examinations for discovery;

a. delivery of aynert reanorts’ and

12. The Plaintiff may also ask that the litigation scnedule be amended trom time to time as |
reniirad

13. The Defendants possess most, if not all, of the documents relating to scientific and
athar infnarmatinn thay ral an commiinicatione with healthcare nractitinnere and

their corresponding governing bodies, and other agocuments. hese qocuments will
be produced to Class Counsel through the normal production. cross-examination and
ae ef ge - ma. gm ag a age

examination Tor aiscovery processes alter Cemncation OF ie procecalng.

14. Class Counsel anticipate and are able to handle the intake and organization of the
larnnm niimbhar nf AAR mante that vuanll bibahs:s ha nradrdiinrarn Av tha Mafandante aftar

rartifiratinn Clace Crniincal vill pcea data mananamant evetame tn nrnaniza roda

and manage the documents.

15. If required. the documents may be maintained on a secure. password-protected

16. The same data management systems will be used to organize and manage all
ralavant dacriimante in tha nnccaceinn nf tha Plaintiff althnrmh tha Plaintiff hac a

reiatively tew documenis relating to the common Issues.

17. The parties will execute a version of the standard protocol under the Electronic
 AA

NOTICE OF CERTIFICATION AND OPT-OUT PROCEDURE

18. Ifthe action is certified as a class proceeding, the Court will be asked to:

a) settle the form and content Notice of Certification and the opt-out period, within

b) set an opt-out date of 90 days after the date of the Certification Order;,and

19. settle the means by which the Notice of Certification and the opt-out period will be

disseminated in accordance with the following Notice Process:

a) ninthlichad anrea
= in a fill nage
ak advearticameant
Oe ee ee in the Vancoiver Siin and The —_—

rrovince (Vancouver);

b) posted on Class Counsel's Website;

c) delivered by Class Counsel to anv Class Member who requests it.

Defendants.

21. The Plaintiff oroposes the following opt-out procedure:

ON Aaviae aftar tha f’artifinatinn Ordaar «a nareoenn maw anntniit nf tha erlace

proceeding by sending a written election to opt-out to a person designated by |

me oe me dim pees eed me km mee eee me me memes cathe em 2m mmamambalhe:s imrrmmmakle casntia mi it

leave of the Court; and

Cc. no Class Mamber may ont-out of the class nroceeding after the exyniration of

the opt-out periog without leave oF ine COult.

 ar

DISCOVERY

22. Within 30 days of the date of the Certification Order, the Plaintiff shall deliver its initial
list of documents and provide copies of those documents to the Defendants in
electronic form.

23. Within 30 days of the Certification Order, the Defendants shall deliver their initial list
of documents and provide copies of those documents to the Plaintiff in electronic
form.

24. Any additional production shall be made by the parties on an ongoing basis
tmerearier. For greater Certainty ana tO aCmleve CHICiCncy, PalliGs MIUst TOSVUnla lo

‘any demands for additional documents pursuant to Supreme Court Civil Rule 7-1(10)
and (11) within 14 days of receipt of the demand.

25. Within 60 days of the Certification Order, a schedule for Examinations for Discoveries
shall be set at a Case Management Conference. For greater certainty, Examinations
tor Discoveries Snail not nave to await the Compietion of te aocument aiscovery

process. In advance of the Case Management Conference, the Defendants shall

provide a list of at least three proposed representatives for examinations and their
relevant areas of knowledge. This is without prejudice to the Plaintiffs right to select
an alternative representative or to seek additional discovery from a witness or
witnesses.

26. Examinations for Discoveries shall be completed not less than three months before
the common issues trial.

27. The parties have leave at any time after the delivery of the Defendants’ List of
Documents to serve interrogatories in accordance with Supreme Court Civil Rule 7-
3.

28. The Plaintiff may ask the Court for an order allowing examination of multiple
representallves Of cach OF Me velendalils, li MeGessdly.
INTERLOCUTORY APPLICATIONS
29. . Pursuant to s. 14(1) of the Act, the Case Management Judge shall hear all
Starla nr itam: anniinatinnea vaithar at raniilar Caan Adananoamant (anfaranrae nr nn 4

date for hearing secured at a Case Management Conference or through Trial Division
ae dirartad hy tha Caca Mananamant hhidqe Enr anreater carainty and tn achieve

efriciency, the parties may request and the Case Management Juage may direct on

his own motion. that anvlications be heard in reaular Chambers.

or All wmtariantioa im miame eet af am jimtarl nm items arnrrnrlanatian alkaill hA Aalnsrrarl ann Liilasl 1”

accordance with the Supreme Court Civil Rules unless otherwise directed by the Case
RAinananamant linddan Ifan annlinatinn ie hainn mada in raniilar
SAT
Chambmhare a nnny Met
nt

the application and any order must be delivered to Trial Scheduling for the attention
af tha Caca Mananamant
Rh |idae

wl

22-7, except with leave of the Court.

. EYDERTS
e of

gg pm lg lg le ge ct lll ll KC lg

accordance with the Supreme Court Civil Rules.

C| ARIEIC ATION OF COMMON ICCLliES

-
99. FOUVOWING CeMmniCatOon, CxXAMIMAUONS TOF VISCOVETICS, ala Ul CACHAMQGe OF CAVPCIL

opinions. if any, and before the trial of the common issues, the Plaintiff may ask the

DISPUTE RESOLUTION

34. The Plaintiff is willing to participate in mediation if the Defendants are prepared to do

TRIAL OF TRE CONMON ISSUES

 af

35. The Plaintiff will ask that the common issues trial will proceed within six months after
the completion of Examinations for Discoveries on a date to be determined.

36. The parties will exchange Witness Lists and Trial Briefs in accordance with the
Supreme Court Civil Rules. A Trial Management Conference will be held in
accordance with the Supreme Court Civil Rules.

37. In advance of the Trial Management Conference, the parties will meet and confer on
a documenis agreement.

38. Assuming that the common issues are resolved by judgment in favour of the Plaintiff,
ee es

manner or such manner as the Court may direct:

An anaranata amnint ranrecantinn tha damanee for hrearhee of the Charfer

pursuant tO 8.29 OF Ne AC!

b. An aggregate amount representing the damages for personal injury, losses and
rmnthar damanae niirciiant tr c 90 vf tha Art

gp

Cc. ANY appuicapie pre-juagment anag/or postyuagment mlerest for we avove

amounts.

20 Altarnativaly
a a nr ta tho avtant that any damanec
5 se weeicciiae
eee oe cannot he determined on an

aggregate basis, the Plaintit will seek orders to allow the Class Wiembers to proceed
with the balance of the action in the manner set out below.

4U. ine Fiainti will ask the Court to:

a) settle the form and content of a notice of determination of the common issues
 “HO

D) oraer tnat the NOTCe OT Vetermmination De QIStOUulted SUDSTAMUAnY I aCCOrdadllce |

with the Notice Process set out in paragraph 19, except that the Notice of

accordance with the procedure set out therein; and

Cc) —s arder that the coctc of the dietribturtion of the Notice of Determination be naid bv

the Verendants.

INDIVIDUAL ISSUES DETERMINATIONS

41 =To the extent there are anv individual issues that remain to be decided. the Plaintiff
proposes that tne partes convene pursuant lO Ss. 2/f alla 20 OF Te Act lO Gete;nmine
the appropriate course for anv remaining issues.

AD Th~ Aatarminantinan nf wuihatLdie aetha mnat annranriatn ans avnasditiniie mathnad far
oa

resolving these issues will depend on what portion of damages remain to be resolved
and tha avidancra nrovided ditring the dieronvary nrnrasc

43. The Plaintiff will propose a claims process to be supervised by a Court appointed
alaime adminictratar (tha “Adminietratar’\ who will ranart ta the Court and whnee feac

will be paid for by the Defenaants.

44. Without limiting the generality of the foregoing, the Court will be asked to:

-a\ AaAnnrnva mathnde nf dictrihiitinn far any damanac navahla tn Clace Adamhbhare:
SSO eee ee
wt

format, for any Class Members that are required to submit a claim;

AY eat 4 rlaime daadlina hy which tha data tha claimante will ha rani tired tn fila thoir
claims (Claims Deadline );
 rr

d) direct the Administrator to hold any monies recovered at the common issues trial
and to implement the distribution plan by. amona other things, receiving and
a4. ..
CValualIng Gla] POMS Wl aACCOTQGHCE WITT PIOlLOUUls aVMiuUVveU Vy WIS WOUTL,

supervising the distribution of funds to Class Members.

AR Earh claimant miict dolivar a cramniatad Claim Enrm ta the Adminictrator hafnre the

Claims Deadline.

46. In and with the Claim Form, the claimant will assert the basis of his or her eligibility as

47. The Administrator snail decide (the Eligibility Vecision), basea on intormation
enihmittad in the Claim Farm:
eee eee eS

WIGS! Vl TUt a CICA Ilo a Widoo WIGTTIIU! WII lo GEIL bly a OIG Wl LI,

aggregate award of damages;

Kh sc thes chare of angreaate damanes to which each eliaible Class Member is entitled.

the Administrator shall issue an Eligibility Decision to the Class Member setting out
tha amniint At tha Olace Rhambar'e antitlamant if anv
we "J? and tha raacenne for that

decision. The Administrator will send each Eligibility Decision by email or regular mail
tr tha Claee Afdamhear and fila tha Flinihility Naricinn with the Court
awe 8S Ee NT Ee ee ee bal nail

am™ ak _ gmei.. _

47. Ila Glass viempel Qisagrcees WIT Ule CNQIDUy VECISIOH, WIC Uldsos MOCMIVCH lay Mle

an Appeal form.

Et Annaale hy Clace Afambhare af tha Eliqihiliy: Daricinn

at we will ha handlod hy tha Coniirt

Vi. ENE COUTTS GecisiOn will De iBsucad Tf a POPOrl, WilhOr Wil De COMMMMCUG Of Ute

expiration of 15 days after a copy is mailed or emailed to the Appellant Class Member.

E95 Re enan ae nracticzahia aftar tha Claime Naadlina an natica ta Clace Criineal and the
wae ee ee sou

Defendants, the Administrator will report to the Court the proposed distribution tor
 am

each Class Member including any pre-judgment interest award that has been paid to
the Administrator.

and assessed, then the Defendants should be required to pay to the Administrator the
AaAmniint nf aarh itAanmant immoandiatah;s aftar aarh rannrt harnmeac final Tha

Administrator shall hold the money in trust and Invest it as the Court directs. —

54. If a lump sum is recovered from the Defendants at the common issues trial, no

Administrator may make an interim distribution if authorized by the Court.

55 Each eligqihle
Pe Clace Memher chal] electronically ar nhyvsicajlyv sian such documents as
ewe ee eee eae eee

the Aaministrator may require tn accoraance witn any protocol approved by tne Court
-. as acondition precedent to receivina anv distribution.

06. In the event the Vetendants do not pay tne juagmenis In Tull, the VCourt will be asKead
to aive further directions to ensure that there are no priorities amona eliaible Class

CY-PRES DISTRIBUTION

57__—sif there is a residue from the recovered monies. (and anv interest that has accrued
41. _

thereon) ailer payment OF all legal TE€S all CAPEMsS€s ala AQUNistialve COsts, UWle

Court will be asked to authorize that this residue be distributed cy-pres in accordance

advice initiatives. This distribution would indirectly benefit Class Members who cannot
ha lanatadn ar AiA nnt arnhhmit 4 rlaim Tha nu_nrac Aietrihitinn ehall ha naid in cncrh

manner to such recipients and in such proportions as the Court may decide.

CLASS COUNSEL FEES AND ADMINISTRATION EXPENSES

 Pa

26. [ne Court will be asked to Tix the amount of ClaSs Counsel tees, disbursements ana

anplicable taxes (“Class Counsel Fees”). Class Counsel will ask the Court to direct the

recovered or owing as a first charge.

5Q The Cort will ha ackead to fiy the cnoete of the nercons

USE ee eee
tC annointed to imnlement and

oversee the aistribution pian sucn as the Aaministrator ana to order payment or hese
costs as a second charae anv monies paid by the Defendants.

FCIiAIAE
eC Ve SimREDORT
Fiat eS 4

far mm Fe . . gt. _ gi. _ ge », @p ge? - 4

OV. AME? Ue AQMUMSU Alor Makes Te Wal QISUIDUUOT! WW Uldss WICTIIRDEIS allQ lO

any cy-pres recipients, the Administrator shall make its final report to the Court in such

Administrator.

REVIEW OF THE LITIGATION PLAN

61. This plan will be reconsidered and may be revised under the continuing case
management authority of the Court, if required, both before and after the
datarminatinn af tha cnammon iecijac
Teele eee

ew