Court documents show that Wolfs went on medical leave on September 15, 2021, was later cleared to return to work, but was terminated on August 4, 2022, under the enforcement of COVID-19 Directive 6.
Filed under Ontario’s Class Proceedings Act, 1992, the lawsuit seeks to represent tens of thousands of unionized healthcare workers across the province who were subject to the directive. The plaintiff argues that the mandate imposed unauthorized changes to her employment contract, forced the disclosure of personal medical information, and caused significant economic and emotional harm.
Directive 6 mandated that hospitals, home and community care service providers, and ambulance services implement a mandatory COVID-19 vaccination policy for employees, staff, contractors, students, and volunteers.
Under the directive, healthcare workers had to provide proof of vaccination, a medical exemption, or participate in an educational program to maintain their employment. Wolfs argues that these policies led to her termination after nearly 16 years of service, despite her previously exemplary record. Her lawsuit claims that her dismissal violated the terms of her employment contract, which did not include mandatory vaccination as a condition of employment or allow for unpaid leave under these circumstances.
The lawsuit accuses the Ontario government and Dr. Moore of several violations. First, it alleges negligence, claiming that the vaccination policies were implemented without sufficient evidence supporting their efficacy in preventing COVID-19 transmission.
Second, it accuses Dr. Moore of misfeasance in public office, arguing that he acted with reckless indifference or willful blindness to vaccine risks and the lack of long-term safety data.
Third, the lawsuit alleges tortious inducement to breach contract, stating that the directive unlawfully interfered with employment agreements between healthcare workers and their employers.
Finally, it argues that the directive infringed on workers’ privacy rights by requiring the disclosure of vaccination status or medical exemptions.
In addition, the suit questions the public health rationale behind the mandates, referring to Health Canada product monographs. According to the claim, these documents do not indicate that approved vaccines such as Pfizer’s Comirnaty or Moderna’s Spikevax prevent COVID-19 transmission, undermining the stated purpose of the directive. Additionally, the lawsuit raises concerns about vaccine safety, highlighting adverse events reported during clinical trials and instances of product recalls or restrictions.
Seeking $170 million in damages, the lawsuit includes $50 million for pain and suffering, $50 million for misfeasance in public office, $20 million for tortious inducement to breach contract, and $50 million in punitive damages. The claim also includes compensation for lost income, medical monitoring expenses, and legal costs.
The case will proceed in the Ontario Superior Court of Justice, where the plaintiff will aim to have the lawsuit certified as a class action. If successful, it could set a precedent for addressing grievances related to pandemic-era workplace policies.
Scarlett Martyn, a veteran paramedic in Ontario, reached out to The Canadian Independent to highlight this lawsuit. Martyn is a member of United Healthcare Workers of Ontario (UHCWO), a volunteer-run, not-for-profit organization representing thousands of healthcare professionals. The group advocates for health privacy, voluntary and informed consent, and non-discriminatory medical policies in Ontario and across Canada.
Martyn says that UHCWO is raising funds to support the lawsuit. She explained that the organization is crowdfunding to cover potential court costs if class certification is unsuccessful and any named plaintiffs are required to pay legal costs. She also mentioned that if they succeed at the certification stage, the funds raised will be used to cover litigation costs for the class action. You can read more about the UHCWO and donate if you wish at the link below.
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