A lawsuit filed by a group of Ottawa residents against participants of the Freedom Convoy is designed to silence expression, lawyers for the defendants say.
The class action litigation, filed by Ottawa resident Zexi Li and others, seeks $290 million in damages, saying the protestors caused a nuisance and led to psychological distress as well as a loss of income due to business closures in downtown Ottawa.
Lawyers for defendants Tamara Lich, Chris Barber, and others will be in court on Dec. 14 to try and have the case tossed out. They say it is a Strategic Lawsuit Against Public Participation (SLAPP), or a lawsuit brought to try and silence opponents.
“Zexi Li’s lawsuit engages the very purpose that ‘anti-SLAPP’ legislation was designed to address: an attempt to silence peaceful expression, and the right of defendants to participate in public debate,” lawyer James Manson said in the release.
The defendants’ attorneys argue the lawsuit relates to the defendant’s expression, which includes those who donated to the Freedom Convoy.
“Donating to and participating in the Freedom Convoy amounted to an expression of support for the protest, and of disagreement with the Government of Canada’s response to Covid—matters of public interest,” JCCF said.
They also say that the defendants have valid defences and “the value of the expression at issue outweighs the allegations of nuisance against them.”
JCCF said that after an anti-SLAPP motion is filed, the defendant must demonstrate that the lawsuit against them arises from their expression and relates to a matter of public interest.
“If the defendant can demonstrate that their expression does relate to a matter of public interest, the plaintiff must then demonstrate that their lawsuit has ‘substantial merit’ and that the defendant has no valid defence.”
“The non-stop blaring horns, diesel fumes, unexpected fireworks, and loud sound systems blasting music have caused the residents unbearable torment in the sanctity of their own homes,” the site says.
“Canada is a free and democratic society with a long tradition of peaceful protest and assemblies. The Defendants have abused those freedoms to cause serious harm to others, innocent bystanders to the Defendants’ pursuit of their misguided political goals.”
- $60 million for pain, suffering and psychological distress
- $70 million for business losses
- $150 million for loss of wages (some downtown Ottawa businesses closed or partially closed during the protest)
- $10 million in punitive damages
Oral arguments are scheduled for Dec. 14 in the Ontario Superior Court of Justice.
