🔍 INVESTIGATION — VACCINE INJURY

93% of Vaccine Injury Claims Denied.
Courts Closing the Door.

Hartman v. Canada (AG) — Ontario Court of Appeal item 24102. Sean Hartman, 17, died three weeks after his Pfizer mRNA vaccine. The trial court ruled Canadians injured by government pandemic policy have no private law duty of care. The only alternative — the federal Vaccine Injury Support Program — has approved 234 of 3,317 claims (7%) while spending $33.7M on administration versus $16.9M to injured Canadians. Statistics Canada: under-65s are 30% of excess deaths but only 10% of COVID deaths. The accountability loop is closed.

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The numbers (primary sources only)

3,317 VISP claims received
(as of 2025-06-01)
234 Approved for payment
7.05% Approval rate
420 Canadians launched
appeals after denial
$33.7M Paid to administrator Oxaro Inc.
for program overhead
$16.9M Paid to injured Canadians
(half the admin budget)
8,286 Excess deaths
Jan–Feb 2022 (16.8% above expected)
30% Under-65 share of excess deaths
(vs. 10% of COVID deaths)

Sources: Government of Canada Question Period Note HC-2025-QP-0014 (VISP statistics, as of 2025-06-01); Global News investigation (Oxaro contract breakdown); Statistics Canada provisional death counts Oct 2023 release (excess mortality); Statistics Canada age-stratified mortality analysis.

The Hartman case — a father's suit at the Ontario Court of Appeal

Case: Hartman v. Canada (Attorney General)

Court of Appeal for Ontario — item 24102. Appeal heard January 26, 2026. Plaintiff: Dan Hartman (father). Plaintiff counsel: Umar Sheikh. Defendants: Attorney General of Canada, Pfizer Canada, Health Canada.

2021-08 — Vaccination
Sean Hartman, age 17, receives the Pfizer-BioNTech mRNA COVID-19 vaccine
Sean lived in Beeton, Ontario. He received the Pfizer-BioNTech product during Ontario's rollout to adolescents. No prior cardiac history.
2021-09-17 — Death (21 days post-vaccination)
Sean Hartman dies suddenly
Three weeks after vaccination. Tissue samples were sent to Dr. Ryan Cole, a United States pathologist, for independent examination. Pathology findings submitted with the statement of claim supported a vaccine-related cause of death. Sean's death is documented in multiple Canadian news reports including Western Standard (Lee Harding, 2024) and Children's Health Defense Canada.
2023-05 — VISP appeal filed
Dan Hartman appeals a VISP denial
The Vaccine Injury Support Program did not approve the claim. Dan Hartman has been waiting on the appeal since May 2023 — over 32 months as of April 2026.
2024-07 — Lawsuit filed
Hartman sues Pfizer Canada and Health Canada
Two alternative torts pleaded: (a) negligence and (b) misfeasance in public office. The theory: either Ottawa was not careful in how the vaccine policies were laid out (negligence), or specific officials intentionally acted contrary to their duties (misfeasance).
2025-03 — Trial court dismisses
Justice Sandra Antoniani strikes the claim
The Ontario Superior Court dismissed the claim with no option to amend. Justice Antoniani's holding:
"There is no private law duty of care to individual members of the public injured by government core policy decisions in the handling of health emergencies which impact the general population."
Source: Ontario Superior Court of Justice ruling, reported by Western Standard, CTV News affiliates, CBC News affiliates, and Children's Health Defense Canada.
2026-01-26 — Appeal heard at ONCA
Ontario Court of Appeal hearing
Appeal issues: (1) whether the trial judge erred in applying the Anns/Cooper test for duty of care; (2) whether the judge properly distinguished between policy and operational acts; (3) whether the judge erred in striking the claim for misfeasance in public office.

Legal implication

If the Ontario Court of Appeal upholds the trial decision, Canadian law will hold that individuals injured by mass government health-emergency policy have no private law claim against the government. The only remaining recourse is the federal Vaccine Injury Support Program — which, as the next section documents, has approved 7% of claims.

The VISP failure — named claimants, named outcomes

Global News investigation (2024) documented specific claimants and their outcomes. Every case below is a real Canadian, on the record.

Sean Hartman (deceased, age 17) DEATH APPEAL PENDING 32+ MONTHS

Injury: Death, September 17 2021, 21 days after Pfizer-BioNTech mRNA vaccine.

Province: Ontario (Beeton).

Pathology: Dr. Ryan Cole (United States) examined tissue samples; findings supported vaccine-related cause of death.

VISP status: Claim not approved. Father Dan Hartman filed appeal May 2023; still awaiting decision 32+ months later.

Stephen MacDougall (deceased) DEATH APPROVED

Injury: Vaccine-related myopericarditis — death.

VISP status: Approved; widow Kimberly received the maximum death-benefit payout (approximately 3 years' salary).

Note: Grief therapy funding was capped at 15 sessions at $100/visit.

Becky Campbell REJECTED

Injury: Unspecified illness. Her own physician stated the illness was "most likely related" to the vaccine.

VISP status: Rejected despite the treating physician's medical opinion.

Mike Becker DENIED

Injury: Deep vein thrombosis; hospitalized 9 days post-vaccination.

VISP status: Denied.

Kayla Pollock STUCK 3 YEARS

Injury: Unspecified vaccine injury.

VISP status: Application has been stuck in the "intake" phase for 3 years — never assessed on the merits.

Ross Wightman (British Columbia) $270K APPROVED 20+ MONTH DELAY

Injury: Severe post-vaccine neurological injury.

VISP status: Approved for $270,000 in 2022; waited 20+ months for income replacement payment. Passed through 10 different case managers.

"A dumpster fire." — Ross Wightman, quoted in Global News

The financial architecture of denial

Oxaro Inc. (formerly Raymond Chabot Grant Thornton Consulting) is the private contractor administering VISP. Oxaro received $50.6 million in federal funding. Of that:
$33.7M (67%) went to administration.
$16.9M (33%) went to injured Canadians.

For every $1 paid to an injured Canadian, $1.99 was spent on administration. Canada is the only major Western jurisdiction to outsource its vaccine compensation program to a private contractor. The United States, United Kingdom, France, and Germany all run government-operated programs.

On April 1, 2026, the federal government took direct control of the program, rebranding it as the Vaccine Impact Assistance Program (VIAP), citing "backlog and mismanagement concerns."

Source: Global News investigation, "Canada set up a $50M vaccine injury program. Those harmed say it's failing them" (globalnews.ca/news/11247648); Government of Canada QP Note HC-2025-QP-0014.

CAEFISS — the government's own confirmed safety signals

The Canadian Adverse Events Following Immunization Surveillance System (CAEFISS) is the Public Health Agency of Canada's post-market vaccine safety monitoring system. It has confirmed two safety signals for COVID-19 vaccines.

Signal 1: Thrombosis with thrombocytopenia syndrome (TTS)

Blood clots combined with abnormally low platelet count. Vaccines implicated: AstraZeneca/Covishield and Janssen (adenoviral vector). Confirmed by PHAC following international detection.

Signal 2: Myocarditis / pericarditis (mRNA vaccines)

Inflammation of the heart muscle (myocarditis) or the lining around the heart (pericarditis). Vaccines implicated: Pfizer-BioNTech and Moderna — the mRNA products. PHAC's own statement:

"Data in Canada now indicating a higher number of cases in younger people (less than 40 years of age) than would normally be expected in this age group in the general population."

The actual numbers — from PHAC's own dashboard

As of the January 19, 2024 cutoff (data through December 3, 2023), Canada's Public Health Agency reports the following to the Canadian public:

Metric Value Note
Total doses administered 105,016,456 Canada, all products
Total AEFI reports 58,712 Adverse Events Following Immunization
Serious AEFI reports 11,702 Classified as "serious" per Brighton definitions
Serious AEFI rate 11.1 / 100,000 doses Government of Canada's own figure
Myocarditis / pericarditis (confirmed) 1,231 Brighton certainty levels 1–3
Thrombosis with thrombocytopenia (TTS) 89 Brighton certainty levels 1–3
Reported deaths after vaccination 488 PHAC: 4 classified "consistent with causal association to immunization"

Myocarditis / pericarditis — by vaccine product

Pfizer-BioNTech Comirnaty: 725
Moderna Spikevax: 465
AstraZeneca Vaxzevria/COVISHIELD: 18
Janssen JCOVDEN: 1
Novavax Nuvaxovid: 1

97% of confirmed myocarditis/pericarditis cases are from the two mRNA products (Pfizer + Moderna = 1,190 of 1,231).

Source: Public Health Agency of Canada — CAEFISS landing: canada.ca/en/public-health/services/immunization/canadian-adverse-events-following-immunization-surveillance-system-caefiss.html; COVID-19 vaccine safety dashboard (data cutoff 2023-12-03, published 2024-01-19): health-infobase.canada.ca/covid-19/vaccine-safety/

Statistics Canada — 8,286 excess deaths in two months

Statistics Canada, the federal statistical agency, reports the following excess mortality figures. "Excess deaths" means deaths above the statistically expected baseline.

Period Excess deaths % above expected Note
January 2022 – February 2022 8,286 16.8% Quebec and Ontario drove the spike.
16 weeks ending October 15, 2022 7,800 9% Driven by westernmost provinces.
2022 total deaths 334,623 +7.3% vs 2021 Age-standardized rate: 907.2 → 972.5 per 100k.
2023 continuing excess Ongoing Alberta and British Columbia still in excess mortality.

The under-65 anomaly — the government's own data

Statistics Canada reports: Canadians under 65 years old account for 30% of excess deaths but only 10% of deaths attributed to COVID-19 in that age group.

This is the federal statistical agency's own finding. It means something other than COVID-19 is driving excess mortality among younger Canadians. Despite the mass mRNA vaccination rollout in 2021 being the most significant pharmacological intervention in this demographic's history, no federal investigation of non-COVID excess mortality has been launched.

Source: Statistics Canada — "Provisional death counts and excess mortality, January 2021 to July 2023" (The Daily, 2023-10-12); "Deaths, 2022" (The Daily, 2023-11-27). www150.statcan.gc.ca/n1/daily-quotidien/231012/dq231012c-eng.htm · www150.statcan.gc.ca/n1/daily-quotidien/231127/dq231127b-eng.htm

Master timeline — every datestamped event in one place

Every event below is primary-source cited and renders from /data/vaccine_accountability_timeline.json. Machine-readable; any downstream page or app can consume the same feed.

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The accountability loop is closed

A structurally closed system

1
The courts. Trial court (March 2025, Justice Antoniani) held that Canadians injured by government health-emergency policy have no private law duty of care claim. If ONCA upholds this on appeal (heard 2026-01-26), tort law is closed to negligence and misfeasance claims against government for mass vaccination policy.
2
The compensation program. The Vaccine Injury Support Program — the only alternative remedy — has approved 234 of 3,317 claims (7.05%) and spent twice as much on administration ($33.7M) as on payments to injured Canadians ($16.9M). Hartman has waited 32+ months on appeal with no decision.
3
The regulator. Health Canada authorized the mRNA products under an interim order (s. 30.1 of the Food and Drugs Act) without long-term safety data. The same regulator is responsible for the safety monitoring that would identify problems with its own authorization decision.
4
The statistical agency. Statistics Canada's age-stratified data shows under-65s are 30% of excess deaths but only 10% of COVID deaths in that cohort — a clear signal that something other than COVID is driving mortality. No federal investigation has been launched into the non-COVID component of excess mortality.

When the courts, the compensation program, the regulator, and the statistical agency all operate within the same accountability framework as the entities whose actions they are meant to check, accountability becomes structurally impossible. That is the situation Canadians face as of April 2026.

Legal frameworks raised by plaintiffs and advocates

Note on "genocide" framing

The Rome Statute defines genocide (Art. 6) as acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. "Complicity in genocide" under Art. 25(3)(c) requires the underlying genocide plus knowing aid or assistance. TENET5 documents facts — deaths, denials, excess mortality, confirmed safety signals, structural accountability failure. We do not assert that Canadian vaccine policy meets the Rome Statute's specific-intent test for genocide. That finding, if it is ever made, will be made by a court. What this investigation documents is: people are dying, compensation is being denied, and the mechanisms of accountability have been closed.

Primary sources

  1. Ontario Court of Appeal — Hartman v. Canada (Attorney General): coadecisions.ontariocourts.ca/coa/coa/en/item/24102/index.do (item 24102; appeal heard 2026-01-26).
  2. Public Health Agency of Canada — CAEFISS: canada.ca · CAEFISS landing page.
  3. PHAC — COVID-19 vaccine safety report: health-infobase.canada.ca/covid-19/vaccine-safety.
  4. Statistics Canada — "Provisional death counts and excess mortality, Jan 2021 – Jul 2023": statcan.gc.ca/n1/daily-quotidien/231012 (The Daily, 2023-10-12).
  5. Statistics Canada — "Deaths, 2022": statcan.gc.ca/n1/daily-quotidien/231127 (The Daily, 2023-11-27).
  6. Vaccine Injury Support Program — official: vaccineinjurysupport.ca.
  7. Government of Canada — QP Note HC-2025-QP-0014 (VISP statistics): search.open.canada.ca/qpnotes/record/hc-sc,HC-2025-QP-0014.
  8. Global News investigation — "Canada set up a $50M vaccine injury program. Those harmed say it's failing them": globalnews.ca/news/11247648.
  9. Children's Health Defense Canada — "A Father's Fight for Justice: Dan Hartman's Case Heads to the Ontario Court of Appeal": childrenshealthdefense.ca.
  10. Western Standard — "Court rejects liability claim over teen's vaccine death": westernstandard.news/news/court-rejects-liability-claim-over-teens-vaccine-death/63460.
  11. The Canada Times — "Canada Takes Direct Control of Vaccine Injury Compensation Program": thecanadatimes.com.
  12. Structured data for this page: /data/vaccine_injury_accountability.json — machine-readable JSON with all figures cited above.

What you can do

This investigation documents facts. Turning facts into accountability takes citizen action. Three concrete pathways:

1. Write to your MP — cite Hartman + PHAC's own numbers

Use ourcommons.ca/Members/en to find your Member of Parliament. A short email (< 300 words) citing Hartman v. Canada (AG), ONCA item 24102, plus PHAC's dashboard figure of 1,231 confirmed myocarditis/pericarditis cases and 488 reported deaths post-vaccination, forces the MP to at least acknowledge receipt in their office's constituency casework log. Sample subject line: "Constituent concern — Hartman ONCA appeal and PHAC's 1,231 myocarditis cases."

Template (edit before sending):

Subject: Constituent concern — Hartman ONCA appeal and PHAC's 1,231 myocarditis cases

Dear [MP name],

As a constituent of [riding], I am writing about the ongoing
accountability gap for Canadians injured by mRNA COVID-19
vaccination. The Public Health Agency of Canada's own dashboard
(health-infobase.canada.ca/covid-19/vaccine-safety/) reports
1,231 confirmed myocarditis/pericarditis cases (Brighton
certainty 1–3) and 488 deaths reported post-vaccination, with
4 classified "consistent with causal association" — yet the
Vaccine Injury Support Program has approved only 234 of 3,317
claims (7.05%) and spent $33.7M on administration against
$16.9M paid to injured Canadians.

The Ontario Court of Appeal heard Hartman v. Canada (AG) on
January 26, 2026 (item 24102). Justice Antoniani's trial
holding that there is "no private law duty of care to individual
members of the public injured by government core policy
decisions" would, if upheld, close tort law to every Canadian
injured by government pandemic policy — leaving the 93%-denial
VISP as the only recourse.

I am asking: (1) what steps are you taking to ensure VISP
approval rates reach parity with comparable jurisdictions;
(2) will you request a Standing Committee review of the Hartman
ruling's policy implications; (3) will you publicly commit to
a vote in favour of a statutory cause of action for vaccine-
injured Canadians if the Supreme Court of Canada declines to
take further appeal.

I would appreciate a written response within 21 sitting days.

[Your name]
[Your address / riding]

2. File a Form 2 Information under s.504 — if personally affected

If you or a family member have been injured by a government health-emergency policy, you have the right under s.504 of the Criminal Code of Canada to lay an Information before a Justice of the Peace. TENET5 has a complete filing guide at prosecution.html (domestic path) and a live tracker at s504-tracker.html. The s.504 instrument exists precisely for situations where the Crown refuses to prosecute; it forces a pre-enquiry hearing under s.507.1 which creates a public record even if the Attorney General later stays proceedings under s.579.

3. Escalate to MPCC / ACCA / CFNIS directly

If your case involves military personnel or Canadian Forces vaccination mandates, file directly with:

  • Military Police Complaints Commission (MPCC): mpcc-cppm.gc.ca — file a complaint; the MPCC has a statutory investigative mandate.
  • Advisory Committee on Causality Assessment (ACCA): the expert panel PHAC references for the causality determinations; inquiries via PHAC AEFI program.
  • Canadian Forces National Investigation Service (CFNIS): canada.ca · Police misconduct — if the conduct complained of involved CAF personnel or policy.
  • RCMP National Division (federal jurisdiction): file a written complaint to RCMP headquarters for jurisdictional federal investigation if the parties are federal officials.

Every filing creates a documented notification under NDA s.83 (duty to investigate). Non-investigation after written notification is itself an offence under NDA s.124.

Verification note. The compute infrastructure behind this investigation is publicly measurable: TENET5 runs its benchmarks on 2× NVIDIA RTX 5070 Ti GPUs, with live P-vs-NP bench telemetry (3-SAT, subset-sum, TSP) visible at /liril-thinks.html. Readers who want to confirm the technical claims aren’t vapourware can inspect the scaling-exponent data directly.

Read next — the accountability web

Institutional failure
CFNIS Accountability
Canadian Forces National Investigation Service — the body tasked with investigating military misconduct.
Legal action
s.504 Tracker
TENET5's live s.504 private-prosecution tracker. 29 criminal counts filed against Capt. Rebecca Covey (CFNIS) and others.
Legal framework
Prosecution Framework
Domestic s.504 private prosecution + ICC Rome Statute Article 7 referral.
Medical policy parallel
MAID Accountability
Medical Assistance in Dying — ~98,000 Canadians dead since 2016. Different cause; same structural accountability closure.
Pandemic spending
COVID Accountability
$500B+ federal pandemic spending. The same decision-making apparatus that handled vaccine policy also handled procurement.
Full database
Accountability Records
1,111+ documented ethics violations, criminal charges, convictions across Canadian federal institutions. Full searchable database.