Two years after the pandemic-related protests of the Freedom Convoy and just weeks after the federal court ruling that declared Prime Minister Justin Trudeau’s use of the Emergencies Act in 2022 to suppress protesting truckers as both unreasonable and unconstitutional, the protest’s organizers are suing the government for damages.
The suit, filed by Tamara Lich and her husband Dwayne Lich, is seeking $2 million in damages. They allege that the government violated their Charter rights, and committed economic interference, abuse of process, intimidation against their fundamental freedoms, and misfeasance of public office.
Note that the suit lists “His Majesty the King” as defendant because Canada is a constitutional monarchy under King Charles III and legal actions involving the government, especially those concerning actions taken by government officials or agencies, are formally directed against the Crown. The Attorney General of Canada is also named in lawsuits involving the government because this position represents the Crown in legal matters within the federal jurisdiction.
The lawsuit alleges that on February 15, 2022, at the request of the Government of Canada, all personal accounts of the plaintiffs at The Toronto Dominion Bank (TD Bank) were frozen without notice, causing significant financial and emotional distress. The freeze lasted from February 15 to March 8, 2022.
The plaintiffs claim they were not notified of the freeze, its reasons, or duration, leading to financial instability and inability to access funds for daily living, resulting in embarrassment, hardship, and damaged personal and business relationships.
“Being unable to access their own funds led to feelings of helplessness, frustration, and fear. Moreover, the freeze resulted in missed payments and defaults on loans or credit card bills, damaging the plaintiff’s credit score and potentially impacting their financial future,” the suit said.
On Wednesday, Calgary-based law firm Loberg Ector announced that 20 individuals and business who were “subjected to the unreasonable use of the Emergencies Act” had filed a lawsuit against Trudeau and the Liberal government. This suit is seeking damages of up to $1.75 million for each plaintiff.
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