Ottawa Convoy Class Action

This is a proposed class action lawsuit seeking compensation for the harms and losses experienced by the residents, businesses, and workers in downtown Ottawa due to the Freedom Convoy occupation.

Proposed Class

The proposed representative plaintiffs and subclasses are:

• Zexi Li, for all persons residing in the “Occupation Zone”;
• Happy Goat and Union: Local 613, for all businesses operating in the Occupation Zone; and
• Geoffrey Devaney, for all employees working within the Occupation Zone who lost wages due to the Defendants’ tortious behavior.

Those who contributed to or actively supported the Freedom Convoy are excluded from the class.

Overview

This case alleges the following:

1. The Defendants deliberately planned and coordinated tactics to block all the streets and roadways around Parliament Hill and the surrounding neighbourhoods, and to make as much noise and air pollution as possible to cause discomfort and distress to Ottawa residents, business, and workers to coerce governments to comply with their demands.
2. 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.
3. The Defendants are aware or ought to be aware that these tactics can cause permanent physical damage and psychological harm. The Defendants have acted with wanton disregard towards the residents, businesses, and workers of Ottawa.
4. 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.

Occupation Zone

The proposed class includes the residents, businesses and employees working in the area of downtown Ottawa referred to as the “Occupation Zone”, shown on the map below:

If you live, work or do business in this zone, you will automatically be part of the proposed class action unless you contributed to or actively supported the convoy, or if you opt out of the class action.

For more information please contact (604) 697-2481 or Amy Mileusnic by email at [email protected].

Developments

The Ontario Superior Court of Justice granted the plaintiff’s motion for an interlocutory injunction to prevent Freedom Convoy participants from using air horns or train horns in the area of downtown Ottawa on February 7th, 2022. The injunction was extended for another 60 days on February 16, 2022.

On February 17, 2022, the Ontario Superior Court of Justice granted the plaintiffs’ motion for a Mareva injunction to prevent some of the Defendants from using or dissipating funds collected to support the Freedom Convoy. The Mareva injunction has since been replaced by a preservation order. Undistributed funds raised to support the convoy are currently frozen under this court order.

On March 13, 2023, the Ontario Superior Court of Justice granted the plaintiffs’ motion for leave to file a Further Fresh as Amended Statement of Claim. The Further Fresh as Amended Statement of Claim adds particulars and expand the area of downtown Ottawa included in the Occupation Zone and covered by the lawsuit. The Further Fresh as Amended Statement of Claim also adds several defendants, including defendants that would serve as representatives for all owners and operators of semi-trucks who participated in the Freedom Convoy and for all those who donated to the Freedom Convoy after February 4, 2022.

At the same time that the Court granted the plaintiffs’ motion to amend, the Court also largely dismissed a motion brought by some of the defendants to strike the plaintiffs’ claims against them.

Documents

• Further Fresh as Amended Statement of Claim, March 14, 2023
• Decision to allow Further Fresh as Amended Statement of Claim, March 13, 2023
• Mareva Injunction Order, February 17, 2022
• Interlocutory Injunction Order, February 16, 2022