Organizers of the “Freedom Convoy” that has gridlocked downtown Ottawa for the last week are facing a potential $9.8-million class-action lawsuit over continuous vehicle horn noise, filed on behalf of residents of the city’s downtown core.
The statement of claim focuses on the honking as one of the main “coordinated” tactics convoy participants have used to make their presence known, alleging that the use of horns as organized by the defendants has caused “significant mental distress, suffering and torment to the plaintiff and the proposed class members.”
The case is set to go to court on Saturday afternoon, as the plaintiff is seeking an injunction calling for an end to the continued “nuisance” being experienced by downtown residents that have now faced a week of disruptions due to the ongoing demonstration.
The statement of claim names Chris Barber, Benjamin Ditcher, Tamara Lich and Patrick King as convoy organizers, but also leaves the opportunity for up to 60 other defendants to be named, should the drivers of the semi-trucks who are parked downtown and blasting their horns in protest, be identified.
The court filing alleges that the horns on semi-trucks emit noise in the range of 100 to 150 decibels and are not meant to be used for longer than a few seconds because the sound levels are dangerous and can cause permanent damage to the human ear.
The statement of claim indicates that the sound volume downtown has been measured and allegedly exceeds noise levels that are permissible under Federal Occupational Health and Safety Regulations.
“Despite these dangers, the Freedom Convoy trucks have been blasting these dangerous horns continuously for 12 to 16 hours per day,” the statement of claim alleges.
It also notes that many of the residents who live downtown and specifically around Parliament Hill are no strangers to political protests and understand the importance of freedom of association, assembly and expression, however they “have never experienced anything like the constant and excruciatingly loud horns of the defendants’ Freedom Convoy.”
Among the injuries and damages alleged are: difficulty concentrating; interference with quiet enjoyment of home; headaches; and difficulty sleeping.
The estimated damages per class member is $100 per day of the “continued use of the unlawful horn tactic.”
From the nearly around-the-clock honking of truck horns, to being advised to avoid the downtown streets still packed with protesters given the security risks, there have been numerous calls for officials to step in and put an end to what many are considering an occupation of the area surrounding Parliament Hill.
