EDMONTON -- A COVID-19 conspiracy theorist who tried to sue the City of Edmonton over its mandatory mask bylaw has had his lawsuit terminated by a judge.
In two separate statements of claim filed in the fall, plaintiff Glenn D. Miller argued the face covering bylaw infringed on his Charter rights, promoted fear, and was part of a “broader conspiracy” in which the city was “acting as a willing puppet.”
The judge, Associate Chief Justice Kenneth G. Nielsen, struck out both claims Wednesday, writing in his decision that Miller’s monetary remedy “has no basis in law” and that the lawsuit was filed for an “improper purpose.”
In his first claim filed in August, Miller sought $565-million “for nuisance and creating a public health hazard.” Miller stated that the real public health risk is “unsanitary discarded face masks.”
Miller offered to drop the lawsuit if the city rescinded the mask bylaw which requires people to wear face coverings when in a public building or riding public transit and went into effect in June.
The plaintiff also demanded the city announce publicly that it would “educate itself on the true scientific and statistical data of COVID-19,” and repeatedly called the COVID-19 pandemic a “hoax,” according to background in the judge’s written decision.
After the city did not respond to Miller’s first claim, a supplementary claim followed in September, alleging the bylaw infringed on his Charter rights and was “limiting enjoyment of life.” Here, Miller sought three “amended remedies” totalling $251,000, including $100,000 in damages for “perpetuating the pandemic hoax.”
In a written submission answering questions about his lawsuit from Justice Nielsen, Miller explained the initial $565 million he was seeking was “...an attention-getting tactic and nothing more.”
“Mr. Miller sought a disproportionate or impossible remedy. His $565 million claim has no basis in law,” wrote Nielsen.
City lawyers had filed an application to have Miller’s claims thrown out and pointed out Miller’s new detailed claims in his written submission were unrelated to the city bylaw.
Another line in the judge’s analysis reads:
“Mr. Miller does not deny that he litigating not for himself but for a broader social purpose. He is candid about the reason for his lawsuit: he is a self-declared community advocate who sued to alter policy decisions by political actors. That is a further reason why Mr. Miller’s lawsuit against Edmonton is an abuse of the Court.”