The plaintiff, a resident of downtown Ottawa, brought a motion for an interlocutory injunction to restrain the defendants and other participants in the 'Freedom Convoy' protest from sounding vehicle horns.
The plaintiff alleged the constant noise constituted a private nuisance causing irreparable harm, including potential permanent hearing damage.
The court applied the RJR-MacDonald test, finding a serious issue to be tried, irreparable harm based on medical evidence, and that the balance of convenience favoured the residents' right to quiet over the protestors' right to express themselves via horn honking.
An interim injunction was granted for 10 days.
