OTTAWA – NEWS – Superior Court Justice Hugh McLean has adjourned a class action law suit against the Freedom Convoy.
The lawsuit was seeking an interim injunction which would have silenced trucker’s air-horns has been adjourned until Monday. The law suit is also seeking $9.8 million in damages from organizers, and from some of the truckers involved in the “Freedom Convoy” in downtown Ottawa.
The suit is led by Ottawa lawyers Paul Champ and Emilie Taman.
Noise wise with the trucker’s air-horns, Champ says, “They are co-ordinated, they are doing it, they are planning it. It’s severe. It’s prolonged. And from the respondents’ own evidence, they’ll be doing it 12 hours a day.”
Justice McLean questioned how the injunction being sought could be enforced, especially if new truckers arrive at the protest. McLean says, “It’s very easy if you block a road. Anyone who’s on the the road can simply be arrested. Here it’s not that simple.”
“In most cases, interfering with someone’s right to enjoy their residence is a criminal code matter — mischief or nuisance laws — and not something civil courts usually deal with”, McLean added.
For Sunday the truckers are promising a respite from 9:00 am until 1:00 PM.
Lawyers from the Justice Centre for Constitutional Freedoms who are taking on the legal matters for the Freedom Convoy say that this is an important national case.
Keith Wilson is the lead lawyer in this matter for the organizers and truckers. He says that efforts are underway to limit the noise.
“The truckers have an accord amongst themselves that the horns will not sound between 8 pm and 8 am,” Wilson said at the virtual hearing before Ontario Superior Court Justice Hugh McLean.
The air-horns have been going on twenty-four hours a day in downtown Ottawa, and many residents are feeling the effects of numerous nights without sleep. Some have been forced to move out of their apartments and find other places.
There are also reports that the City of Ottawa has booked all available hotel rooms in the downtown.
Ottawa Police state they are on a surge, and have added 247 new RCMP Special Constables to their force.
Justice McLean will resume the hearing on Monday.