Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
Issue link: https://digital.carswellmedia.com/i/1484268
28 www.lexpert.ca Top 10 Business Decisions WRITTEN BY AIDAN MACNAB, BERNISE CAROLINO, JASON TAN, AND ANGELICA DINO OTTAWA CITIZENS filed a proposed class proceeding against organizers, supporters, and participants in the "Freedom Convoy" that blockaded down- town Ottawa for over three weeks. They brought a civil claim based on the torts of private and public nuisance seeking compensation for damages inflicted upon those who lived, carried on business, or worked in the downtown core. On Feb. 17, the plaintiffs filed a mo- tion for an ex parte Mareva injunction to secure the convoy's assets, so they are available if the class action is successful. transferring , assigning , or encumbering any listed assets. "It was the first actual freezing order dealing with cryptocurrency," says Mo- nique Jilesen, partner at Lenczner Slaght, who acted for Champ & Associates. Champ & Associates is the law firm rep- resenting Ottawa residents and businesses pursuing the class action. Mareva injunctions typically deal with cash, and some of those who use crypto- currency may have believed that it was an asset outside the legal system's reach, says Jilesen. "e court, ultimately, found that that wasn't the case, and that cryptocur- rency could be frozen like any other asset in the hands of the person holding it and in the hands of any institution which may come into contact with it." While the crypto community may be on both sides of the issue, Jilesen believes that it is good for the industry to have oversight and regulation because it means more se- curity. "ere are, of course, some people who deal with cryptocurrency who wish for it to be completely unregulated," she says. "But that provides it with less securi- ty, less reliability." LI ET AL. V. BARBER ET AL., 2022 ONSC 1176 • Zexi Li, Happy Goat Coffee Company Inc., 7983794 Canada Inc. (c.o.b. as UNION: LOCAL 613) and Geoffrey Devaney > Lenczner Slaght > Monique J. Jilesen, Madison Robins, Sarah Bittman, and Jessica Kras, as agents for Paul Champ, Counsel for the Plaintiff • Chris Barber, Benjamin Dichter, Tamara Lich, Patrick King, Nicholas St. Louis, Chris Garrah, James Bauder, Brigitte Belton, Daniel Bulford, Dale Enns, Chad Eros, Miranda Gasior, Joe Jansen, Jason Laface, Tom Marazzo, Ryan Mihilewicz, Sean Tiessen, and Freedom 2022 Human Rights and Freedoms > Investigation Counsel PC > Norman Groot CLIENTS > FIRMS > LAWYERS Courts ser ve Mareva injunctions without notice to the defendants when the plain- tiffs have established a strong case that the defendants will move or dissipate the as- sets in question. On Feb. 20, 2022, Superior Court Jus- tice Calum MacLeod signed the injunc- tion, freezing millions of dollars in assets linked to bank accounts, fundraisers, and crypto holdings, including Bitcoin, Car- dano, Ethereum, Litecoin, and Monero in over 120 wallets raised for the protest. e court prohibited convoy organizers from selling , removing , dissipating , alienating ,