How a decade of COVID-era litigation collapsed in court — and became a malpractice case against the lawyer who filed it.
Since 2020, Toronto constitutional lawyer Rocco Galati has been the central legal figure behind a wave of Canadian COVID-era litigation challenging vaccine mandates, masking, and lockdowns — filed on behalf of groups including Vaccine Choice Canada, Action4Canada, Police On Guard, and Children's Health Defense Canada (CHD Canada). None of the major cases succeeded on the merits. Several were dismissed with unusually pointed judicial criticism. One — a defamation suit against a group of physicians and science communicators — was thrown out as a Strategic Lawsuit Against Public Participation (SLAPP) and cost the plaintiffs over $1 million in awarded costs.
By 2025, some of Galati's own former clients had turned around and sued him, alleging incompetence, conflicts of interest, and self-promotion at their expense. This page documents that arc: the CHD Canada connection, the litigation record, the malpractice fallout, and the regulatory complaints that went nowhere in public view.
CHD Canada's own Terms of Use state the "Children's Health Defense" name and logo are trademarks of "the Company or its affiliates or licensors." CHD US's own October 2021 announcement confirms Canada was one of five new chapters launched that year, joining California, Illinois, Hawaii, New York, and Europe under CHD's national chapter program. CHD US maintains a live "Canada" tag/archive on its own site, and CHD Canada's donation page has featured Robert F. Kennedy Jr. directly to drive fundraising. As of the most recent snapshots available — CHD Canada's homepage was still updating in February 2026 — both the branding and the cross-linking remain live. This is a current organizational relationship, not a historical one.
CHD Canada remains active today, still branded "Toronto" publicly on social media despite the registered-office change.
To be precise: CHD (US) is a validly IRS-recognized 501(c)(3) — tax-exempt since October 2007, EIN 26-0388604, filing Form 990s regularly (revenue $15.2M in 2024). That federal status is not in question. What is: CHD does not appear registered as a charitable solicitor with New Jersey's Division of Consumer Affairs under the state's Charitable Registration & Investigation Act, despite being headquartered in Franklin Lakes, NJ and soliciting donations nationally — a requirement most charities soliciting more than $10,000/year in the state must meet. CHD Canada, in parallel, describes itself only as a "certified not-for-profit organization" — not a registered charity — and no CRA (Canada Revenue Agency) charitable registration number has been found for it. Put together: the US parent's home state and the Canadian chapter's home country both lack a confirmed, working public accountability record for this organization's finances, even though its federal tax-exempt status itself is not in dispute.
Galati filed at least seven major COVID-era actions between 2020 and 2024. Six of them later became the basis of a 2025 malpractice class action (Section 4); the CHD Canada school mask-mandate case was not among them.
| Case | Court File # | On behalf of | Outcome |
|---|---|---|---|
| Vaccine Choice Canada (2020 Ontario Action) | ONSC CV-20-00643451-0000 | Vaccine Choice Canada | Dropped |
| CHD Canada school mask case | ONSC CV-21-00661284-0000 | CHD Canada | Survived early motion to dismiss (May 2021); CHD Canada says it was discontinued in Sept. 2021, while Galati has told Canuck Law he is not pursuing it (we have not seen a notice) |
| Sgt. Julie Evans / Police On Guard (2021 Ontario Action) | ONSC CV-21-00661200-0000 | Police On Guard | Galati has told Canuck Law he is not pursuing it; we have not seen a notice of discontinuance |
| Action4Canada (BC Action) | BCSC S217586 | Action4Canada | Struck 2022 (2022 BCSC 1507), called "bad beyond argument"; BCCA allowed an amended claim (2024 BCCA 59); the rewritten claim was struck again without leave to amend on Sept. 24, 2026 (2026 BCSC 1974), "in essence, a repackaged version of the Original Claim," $10,000 costs |
| Adelberg (Federal Court Action) | Federal Court T-1089-22 | ~600 federal employees | Struck 2023 (2023 FC 252), with leave to amend for some plaintiffs; Federal Court of Appeal allowed the appeal in part on June 7, 2024 (2024 FCA 106); Supreme Court of Canada dismissed leave Jan. 30, 2025 (File 41415). The Federal Court file remains open; the Crown's new motion to strike is pending, with Galati's response reportedly due Dec. 31, 2026 |
| Dorceus (2022 Ontario Action) | ONSC CV-22-00685694-0000 | 473 healthcare workers | Struck Dec. 2024 (2024 ONSC 7087), $15,000 costs; appeal dismissed May 2026 (2026 ONCA 321) with a further $25,000 in appeal costs; Supreme Court of Canada leave application pending (File 42443) |
| Katanik (2023 Ontario Action) | ONSC CV-23-00695518-0000 | — | Discontinued July 2024, according to the Toronto court (the notice was filed on paper only; Canuck Law has not obtained a copy) |
| Galati v. CSASPP (Galati as plaintiff) | ONSC / ONCA (see Mandate Cases page) | Galati personally | Dismissed under anti-SLAPP; dismissal upheld by the Court of Appeal for Ontario (Galati v. Toews, 2025 ONCA 568) |
Two separate actions now target Galati himself:
Alberta class action (filed Feb. 13, 2025): plaintiffs Lori Hand, Olga Collins, Lisa Wolfs, and Scarlett Martyn seek over $6 million from Galati, his firm, and the Constitutional Rights Centre, alleging negligence, breach of contract, and breach of fiduciary duty across the six cases above, plus misleading fundraising practices. Action4Canada publicly disowned the suit, stating the plaintiffs have no authority to represent the group.
Gill's personal malpractice claim ($2 million): filed separately, alleging (among other things) that Galati bundled 23 unrelated defendants into one suit to manufacture settlement leverage, never warned her about the near-certainty of anti-SLAPP motions or the "full indemnity" cost risk, recycled a template statement of claim, and used her case to promote his own profile and fundraise for the Constitutional Rights Centre (which reportedly received roughly $786,000 in donations in 2021 alone). Dr. Ashvinder Lamba filed a separate related claim.
For balance: CHD Canada has publicly defended Galati. In a statement titled "Setting the Record Straight: CHD Canada Stands Behind Lawyer Rocco Galati," posted on its own site, the organization:
"Mr. Galati has CHD Canada's full support." — Christine Colebeck, President, Children's Health Defense Canada
Notably, the statement addresses only the CHD Canada mask case specifically — it does not mention the six cases underlying the 2025 malpractice class action, the Gill or Lamba malpractice claims, or the SLAPP dismissal and cost award in Gill v. Maciver. It reads as a defense of one narrow episode with an arguable procedural win, not a response to the broader litigation record or the malpractice allegations.