Lawsuit filed against convoy organizers, seeking damages on behalf of downtown Ottawa residents
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.
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