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Judge tosses motion to dismiss proposed class-action lawsuit against convoy participants

Downtown Ottawa residents and business owners who launched a proposed class-action lawsuit against organizers of the 2022 convoy protest moved one step closer to having their day in court as a judge tossed a defence motion to dismiss the lawsuit.

“There is sufficient basis to conclude that the plaintiffs have a meritorious case,” Superior Court Justice Calum MacLeod said in his ruling, released Monday.

“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.”

Lawyers for the defendants, including Tamara Lich, Chris Barber, Pat King and other named convoy participants, had sought to dismiss the lawsuit with a motion under Ontario’s anti-SLAPP (strategic lawsuits against public participation) legislation.

The judge cited the Supreme Court definition as lawsuits “initiated against individuals or organizations that speak out or take a position on an issue of public interest … (used) as an indirect tool to limit the expression of others.”

MacLeod dismissed the defence motion, saying, “I am not persuaded that this action should be halted under the anti-SLAPP provisions.”

Paul Champ, the Ottawa lawyer who launched the $300-million lawsuit on behalf of Zexi Li and other named plaintiffs, said Tuesday he was pleased with the outcome.