Alayne McGregor
The Zexi Li class action moved further ahead last month, as its proposed amendments were approved and an attempt by the defendants to strike out the action was rejected.
The $290 million class action seeks damages for harm and losses incurred by residents, businesses, and employees from the 2022 convoy occupation in Ottawa. It has had money raised by occupiers, about $5.3 million, frozen to possibly pay part of those damages.
In November, lawyer Paul Champ applied to amend the statement of claim for the class action to replace the “John Doe” placeholders with specific names, including three “representative” claimants: the GiveSendGo fundraising platform and its president Jacob Wells; New Brunswicker Brad Howland, who donated $75,000 to the convoy; and Jonker Trucking and its president Harold Jonker.
The amendment also expanded the zone covered by the class action to include another 2-3,000 residents, for a total of 15,000, as well as adding people working within the zone. The zone would now include Parliament Hill and construction workers there.
On March 13, Senior Justice Calum MacLeod approved the amendments to the statement of claim. He made minor changes to remove what he deemed irrelevant issues, including “whether vaccine mandates actually saved lives and whether a majority of Canadians supported the public health measures” because disputing those issues would “pose a real risk of sidetracking the litigation.”
MacLeod dismissed the application to strike out.
Champ said he hoped a certification hearing (to determine facts and whether this claim is an appropriate class action) would occur in late 2023 or early 2024. If that is successful, then the actual trial would follow.