Two organizers of the \u0022Freedom Convoy\u0022 have lost a bid to use money raised during the protest to defend against a class action lawsuit brought on behalf of the citizens of Ottawa.
In a recent ruling, Superior Court Justice Calum MacLeod denied a request made by two defendants for access to $200,000 of the “Freedom Convoy” funds frozen by the court on Feb. 17.Sign up to receive daily headline news from the Ottawa SUN, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails. Postmedia Network Inc.
The ruling represents a significant setback for those defending the $306 million class action lawsuit launched on behalf of aggrieved business owners and residents of downtown Ottawa. The class action has yet to be certified by the court — a necessary step for it to proceed — but if it does go ahead, the lawsuit promises to be complex.
Champ has argued the occupation was illegal, and was planned and conducted in such a way as to intentionally inflict harm on local residents, making organizers legally liable for those damages. But MacLeod said neither man presented the kind of detailed financial disclosures necessary for the court to find they’re unable to afford a defence.
“The court must be alert to ensure the litigation is not simply a means to terrorize, persecute or punish the convoy organizers,” MacLeod said. “This motion for release of funds to fund the defence must be taken seriously, but the moving parties must demonstrate that their access to justice is imperilled. This requires more than bald statements that they cannot afford counsel.”Article content
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