Court rejects bid to release frozen funds to 'Freedom Convoy' organizers
An Ontario court has rejected a request from two “Freedom Convoy” organizers to release $200,000 of frozen funds to pay for lawyers to defend a lawsuit launched on behalf of Ottawa residents and businesses.
B.J. Dichter and Chris Garrah are among a long list of defendants named in the potential class-action lawsuit filed in February, seeking damages for “civil nuisance” caused by truck horns, diesel fumes and other disruptions to residents and local businesses during the protest in January and February.
In a motion, Dichter and Garrah asked for access to some of the money donated to the convoy through crowd-funding platform GiveSendGo, cryptocurrency transfers and other sources, so they could mount a defence.
But Justice Calum MacLeod on Tuesday denied that request, saying it would violate the agreement between the plaintiffs and other defendants to move about $5 million in donated funds into escrow, pending resolution of the lawsuit.
“Access to the frozen funds should not be granted lightly because it would effectively subject the frozen funds to the ‘death of a thousand cuts’ and would risk undoing the effect of the agreement reached between the parties,” MacLeod wrote in his decision.
The Ontario government has also filed a claim on the donated funds, as potential compensation should on-going criminal proceedings against several of the defendants result in convictions.
Both Dichter and Garrah claimed in court that they had limited income and minimal assets and were unable to pay a $200,000 retainer for lawyer Jim Karahalios to defend them.
Dichter, a truck driver and podcaster, said he had income of approximately $10,000 in 2021, with an additional $7,000 in corporate net income. He said he couldn’t earn material income for six months this year because of a broken foot.
Garrah also claimed only limited income of $15,000 in 2021 from his work as a general contractor, selling windows and doors, according to the court filing.
But Judge MacLeod said they hadn’t provided adequate evidence to show they were so impoverished they were unable to pay for their lawyers.
“Neither of the moving parties have made the kind of frank financial disclosure that might be necessary to make a finding of impecuniosity,” he wrote in the decision.
Karahalios told CTV News his clients were still reviewing the decision but were disappointed by the outcome.
“How do you defend yourself in a class action without lawyers?” he said.
“Access to justice is a fundamental principle.”
Karahalios said the agreement to put the funds into escrow allowed defendants to draw on them for their legal expenses. His clients, he said, were left without representation when they were removed from the board of Freedom Corporation, which is represented by the Judicial Centre for Constitutional Freedom.
Judge MacLeod added that, despite claims from the defendants that the protest was legal, they are not shielded from civil litigation over it.
“In their affidavits, the defendants seem to conflate these ideas just as they assert that if they themselves did not honk horns or block streets, they cannot be liable for the actions of others,” he wrote.
“In point of fact, however, the plaintiffs argue that the ‘occupation’ was both illegal and tortious. They are not alone in that point of view.”
None of the allegations in the civil suit have been proven in court, and MacLeod did not rule on the substance of the lawsuit.
Convoy organizers Tamara Lich, Chris Barber, Pat King and Tom Marazzo are also among the defendants. Freedom Corporation, the not-for-profit established by protest organizers, is being defended by lawyer Keith Wilson of the Justice Centre for Constitutional Freedom, an Edmonton-based charity that has taken on several cases arguing against vaccine mandates.
The lawsuit was brought by Ottawa public servant Zexi Li and was later joined by Happy Goat Coffee Company, restaurant Union 613, and restaurant worker Geoffrey Devaney.
Lawyer Paul Champ intends to seek class certification to sue on behalf of all downtown residents, businesses and employees.
Champ also intends to seek certification of a defendant class that, if approved by the court, would make potentially liable all donors to the convoy, as well as truckers and other individuals who participated in the three-week protest against COVID-19 mandates and the federal government.
A hearing on certification isn’t expected until the fall of 2023.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.
Local Spotlight
'I'm committed': Oilers fan won't cut hair until Stanley Cup comes to Edmonton
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.
'Once is too many times': Education assistants facing rising violence in classrooms
A former educational assistant is calling attention to the rising violence in Alberta's classrooms.
What is capital gains tax? How is it going to affect the economy and the younger generations?
The federal government says its plan to increase taxes on capital gains is aimed at wealthy Canadians to achieve “tax fairness.”
UBC football star turning heads in lead up to NFL draft
At 6'8" and 350 pounds, there is nothing typical about UBC offensive lineman Giovanni Manu, who was born in Tonga and went to high school in Pitt Meadows.
Cat found at Pearson airport 3 days after going missing
Kevin the cat has been reunited with his family after enduring a harrowing three-day ordeal while lost at Toronto Pearson International Airport earlier this week.
Molly on a mission: N.S. student collecting books about women in sport for school library
Molly Knight, a Grade 4 student in Nova Scotia, noticed her school library did not have many books on female athletes, so she started her own book drive in hopes of changing that.
Where did the gold go? Crime expert weighs in on unfolding Pearson airport heist investigation
Almost 7,000 bars of pure gold were stolen from Pearson International Airport exactly one year ago during an elaborate heist, but so far only a tiny fraction of that stolen loot has been found.
Marmot in the city: New resident of North Vancouver's Lower Lonsdale a 'rock star rodent'
When Les Robertson was walking home from the gym in North Vancouver's Lower Lonsdale neighbourhood three weeks ago, he did a double take. Standing near a burrow it had dug in a vacant lot near East 1st Street and St. Georges Avenue was a yellow-bellied marmot.