Lawsuit filed against convoy organizers, seeking damages on behalf of downtown Ottawa residents
Organizers of the “Freedom Convoy” that has gridlocked downtown Ottawa for the last week are facing a potential $9.8-million class-action lawsuit over continuous vehicle horn noise, filed on behalf of residents of the city’s downtown core.
According to a statement of claim filed with the Ontario Superior Court of Justice on Friday by lawyer Paul Champ, the lawsuit is seeking $4.8 million for “private nuisance” and another $5 million in “punitive damages.”
The statement of claim focuses on the honking as one of the main “coordinated” tactics convoy participants have used to make their presence known, alleging that the use of horns as organized by the defendants has caused “significant mental distress, suffering and torment to the plaintiff and the proposed class members.”
The case is set to go to court on Saturday afternoon, as the plaintiff is seeking an injunction calling for an end to the continued “nuisance” being experienced by downtown residents that have now faced a week of disruptions due to the ongoing demonstration.
The lead plaintiff, Zexi Li, is a 21-year-old public servant who lives within five blocks of Parliament Hill, though class certification is being sought, with “all persons who reside in Ottawa, Ontario, from Bay Street to Elgin Street and Lisgar Street to Wellington Street” being considered potential members of the class action.
The statement of claim names Chris Barber, Benjamin Ditcher, Tamara Lich and Patrick King as convoy organizers, but also leaves the opportunity for up to 60 other defendants to be named, should the drivers of the semi-trucks who are parked downtown and blasting their horns in protest, be identified.
The court filing alleges that the horns on semi-trucks emit noise in the range of 100 to 150 decibels and are not meant to be used for longer than a few seconds because the sound levels are dangerous and can cause permanent damage to the human ear.
The statement of claim indicates that the sound volume downtown has been measured and allegedly exceeds noise levels that are permissible under Federal Occupational Health and Safety Regulations.
“Despite these dangers, the Freedom Convoy trucks have been blasting these dangerous horns continuously for 12 to 16 hours per day,” the statement of claim alleges.
It also notes that many of the residents who live downtown and specifically around Parliament Hill are no strangers to political protests and understand the importance of freedom of association, assembly and expression, however they “have never experienced anything like the constant and excruciatingly loud horns of the defendants’ Freedom Convoy.”
Among the injuries and damages alleged are: difficulty concentrating; interference with quiet enjoyment of home; headaches; and difficulty sleeping.
The estimated damages per class member is $100 per day of the “continued use of the unlawful horn tactic.”
From the nearly around-the-clock honking of truck horns, to being advised to avoid the downtown streets still packed with protesters given the security risks, there have been numerous calls for officials to step in and put an end to what many are considering an occupation of the area surrounding Parliament Hill.
Reports of residents being harassed and threatened for wearing masks or being accosted while walking in their neighbourhoods have caused uproar on social media and led to tense questions between city councillors, the police, and Ottawa Mayor Jim Watson.
The statement of claim also makes reference to these experiences of harassment, alleging that when the lead plaintiff has left her residence, she is “almost immediately subjected to heckling by members of the Freedom Convoy, yelling at her to remove the mask she wears to protect herself and others from contracting COVID-19.”
Parts of the convoy arrived in Ottawa last Friday ahead of a big rally on Parliament Hill Saturday in protest of COVID-19 vaccine mandates for truckers and broader public health measures.
On Thursday, some of the main organizers for the "Freedom Convoy" announced their intention to stay encamped in downtown Ottawa until all COVID-19 mandates are lifted, and decried that they had been painted in a bad light by the examples of bad behaviour of some protesters.
Organizers also suggested that they have received support from locals and the residents who feel their presence is an “inconvenience,” should take it up with their elected officials because the politicians have not yielded to their demands.
Ottawa Police Chief Peter Sloly said Friday that while officials are bracing for an increase in protesters coming into the city over the weekend, they are now working with police forces and governments at all levels to "effect a safe, timely, and lawful end to this unlawful and unacceptably dangerous demonstration."
Through a GoFundMe page, the convoy had raised nearly $10.1 million in donations, but on Friday night the company announced it has removed the fundraiser from its platform for violating its terms of service after releasing an initial $1 million to the organizers.
In a statement, GoFundMe said that “no further funds will be directly distributed to the Freedom Convoy organizers.” Donors have until Feb. 19 to submit a request for a full refund, with GoFundMe stating that the remaining funds will be sent to credible charities.
CTV News has reached out to convoy organizers for comment.
The allegations made in the statement of claim have not been proven in court.
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
Minister 'outraged' after AFN national chief's headdress taken from Air Canada cabin
The federal minister of Crown-Indigenous relations is calling on Air Canada to 'make things right' with the national chief of the Assembly of First Nations, who said her headdress was removed from an airplane cabin during a flight this week.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
BREAKING Stranded orca calf swims out of B.C. lagoon where she was trapped for weeks
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
'Violation': CSIS had officer investigated after she reported a superior raped her
A CSIS officer's allegations that she was raped repeatedly by a superior in agency vehicles set off a harassment inquiry, but also triggered an investigation into her that concluded the alleged attacks were a “misuse” of agency vehicles by the woman.
'Too young to have breast cancer': Rates among young Canadian women rising
Breast cancer rates are rising in Canada among women in their 20s, 30s and 40s, according to research by the University of Ottawa (uOttawa).
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Canada recognizes housing as a human right. Few provinces have followed suit
As more Canadians find themselves struggling to afford or find housing, the country's smallest province is the only one that can point to legislation recognizing housing as a human right.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Taylor Swift dons Montreal designer's dress in 'Fortnight' video
A pair of Montreal designers' work has now been viewed over 41 million times. Taylor Swift dons a Victorian throwback black gown in her latest music video, 'Fortnight', designed by UNTTLD due Simon Belanger and Jose Manuel Saint-Jacques.
Local Spotlight
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fergus, Ont. man feels nickel-and-dimed for $0.05 property tax bill
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
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.
'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.