Li et al. v. Barber et al., 2024 ONSC 775 (CanLII)
Superior Court of Justice — Ontario
[1] This is the proposed class proceeding by downtown Ottawa residents, business owners and employees against the protestors, organizers and funders of the “Freedom Convoy” that took place in January and February of 2022.
[2] The litigation pits the rights of individuals to use of their property and public streets, to carry on business and to earn a living, against the rights of protestors to make their grievances heard and to utilize pressure tactics against the government in the national capital. As a civil case, centred on questions of liability and damage, it has little or nothing to do with the various criminal cases making their way through the courts and is not in any way affected by the recent decision of the Federal Court about the use of the Emergencies Act by the Government of Canada.
The Defendants motion to dismiss these proceedings by an Anti slapp motion was dismissed . The Judge held “On my view of the evidence, there is sufficient basis to conclude that the plaintiffs have a meritorious case. There is evidence that certain plaintiffs were subjected to what they contend to have been extreme amounts of noise, horn honking, incessant diesel fumes and other pollution, blockage of the streets and intimidation. There is evidence that plaintiffs had difficulty accessing their properties and that business was disrupted, reservations cancelled, and revenue negatively impacted,” he further stated
“Speculation about potentially successful defences is not what the analysis under s. 137.1 demands.[23] There is no “slam dunk defence”. I am not persuaded that this action should be halted under the anti-SLAPP provisions. It cannot be said on the limited evidentiary record available on this motion that any of the potential defences are likely to prevail.”