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.â€
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.â€
The case is 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.â€
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.â€
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.â€
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
Jagmeet Singh pulls NDP out of deal with Trudeau Liberals, takes aim at Poilievre Conservatives
NDP Leader Jagmeet Singh has pulled his party out of the supply-and-confidence agreement that had been helping keep Prime Minister Justin Trudeau's minority Liberals in power.
'Not the result we wanted': Trudeau responds after surprise Conservative byelection win in Liberal stronghold
Conservative candidate Don Stewart winning the closely-watched Toronto-St. Paul's federal byelection, and delivering a stunning upset to Justin Trudeau's candidate Leslie Church in the long-time Liberal riding, has sent political shockwaves through both parties.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
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.
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 ÐÇ¿Õ´«Ã½
BREAKING Batteries of Lebanon walkie-talkies contained PETN explosive, source tells Reuters
The batteries of the walkie-talkies used by Lebanese armed group Hezbollah that blew up this week were laced with a highly explosive compound known as PETN, a Lebanese source familiar with the device's components told Reuters.
New Federal firearm buyback program has cost $67M, still not collecting guns after 4 years
The federal firearm buyback program has cost taxpayers nearly $67.2 million since it was announced in 2020, but it still hasn't collected a single gun.
No, these viral purple apples don't exist in Saskatchewan
If something looks too good to be true, it might be. That's the message from Saskatchewan horticulturists after customers have come into their stores hoping to buy purple apple trees this month.
The province's public security minister said he was "shocked" Thursday amid reports that a body believed to be that of a 14-year-old boy was found this week near a Hells Angels hideout near Quebec City.
The Royal Canadian Mounted Police has lost 205 firearms since 2020, including machine-guns
The Royal Canadian Mounted Police has lost 205 firearms since 2020, including more than 120 handguns and at least five fully automatic weapons like machine-guns.
Cognitive decline reduced by MIND diet, especially for women and Black people, study finds
Following the MIND diet for 10 years produced a small but significant decrease in the risk of developing thinking, concentration and memory problems, a new study found.
Influencer couple denies leaving kids alone on cruise
For most people, dinner on a cruise ship is a time to relax. But when influencer couple Abby and Matt Howard decided to kick back with a dinner à deux, they ended up kicking up a storm.
Thousands of exploding devices in Lebanon trigger a nation that has been on edge for years
Chris Knayzeh was in a town overlooking Lebanon's capital when he heard the rumbling aftershock of the 2020 Beirut port blast. Hundreds of tons of haphazardly stored ammonium nitrates had exploded, killing and injuring thousands of people.
B.C.'s police watchdog is investigating the death of a woman who was shot by the RCMP after allegedly barricading herself in a room with a toddler early Thursday morning.
Local Spotlight
They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.
Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.
The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.
The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.
It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.
A Good Samaritan in New Brunswick has replaced a man's stolen bottle cart so he can continue to collect cans and bottles in his Moncton neighbourhood.
David Krumholtz, known for roles like Bernard the Elf in The Santa Clause and physicist Isidor Rabi in Oppenheimer, has spent the latter part of his summer filming horror flick Altar in Winnipeg. He says Winnipeg is the most movie-savvy town he's ever been in.
Edmontonians can count themselves lucky to ever see one tiger salamander, let alone the thousands one local woman says recently descended on her childhood home.
A daytrip to the backcountry turned into a frightening experience for a Vancouver couple this weekend.