The Ontario Court of Appeal ruled Thursday that a $290 million lawsuit filed by Ottawa residents against the Freedom Convoy organizers should proceed.
Blacklock's Reporter says the court rejected an attempt by protest leaders to dismiss the case, which alleges "public nuisance" and "psychological distress."
"Any determination on the merits patently will require a deep dive into the evidence and the making of extensive findings of credibility," wrote Justice David Brown.
The lawsuit, which has yet to be certified as a class action, will now move forward in the legal system.
Brown reflected on the broader implications of the case, questioning how political protests impact public spaces.
"How do we live together in a community? How do we share common space?" he wrote.
The court emphasized that while the Charter of Rights and Freedoms protects individual liberties and political expression, these freedoms must be balanced with their effects on the broader community.
The lead plaintiff, Zexi Li, a federal employee and downtown Ottawa resident, initially described being physically intimidated by demonstrators during the protest.
However, in 2022 testimony before the Public Order Emergency Commission, she stated, "I didn’t feel safe, but it’s hard to describe it as unsafe."
She also testified about being harassed for wearing a mask, recalling comments from protesters telling her to "smile more under my mask."
Some witnesses testified to feeling fear despite the protest remaining largely peaceful.
Nathalie Carrier, executive director of the Vanier Business Improvement Association, recounted a conversation with Ottawa’s police chief, who reportedly expressed concern about the protest escalating into an event similar to the January 6, 2021, riot in Washington, D.C.
"I remember the chief saying at one point, ‘You guys are scared, I get it, I’m scared too,’" testified Carrier.
"And I thought, if the Chief of Police is scared, something much bigger is happening here than a protest. That personally scared me, and I think a lot of us on that call were shaken."
In a related case, a federal judge ruled in 2024 that the government acted unlawfully when it invoked the Emergencies Act to end the protest.
Justice Richard Mosley stated that political demonstrations are "inherently disruptive" but noted that regulations imposed under the Act criminalized participation even in lawful activities.
His decision is currently under appeal.