Tracy Ann Pratt

The defendant was charged with two counts under the Niagara Parks Act, Regulation 829: disturbing other persons and using abusive or insulting language that unnecessarily interfered with the use and enjoyment of the park.

The charges arose from the defendant's conduct at Grand View Plaza in Niagara Falls on August 2, 2016, where he displayed a sign with profane political commentary and engaged in loud, aggressive, and profane interactions with park visitors and police officers.

The defendant raised a Charter s.2(b) freedom of expression defense and sought to stay the charges based on a prior Superior Court decision.

The court dismissed the first count as lacking statutory foundation but convicted on the second count, finding that the defendant's conduct constituted abusive and insulting language that unnecessarily interfered with park visitors' enjoyment and caused an overtly manifested disturbance.

Following the granting of an interim injunction restraining individuals from interfering with development activities on privately owned land, the court determined costs of the application.

The responding parties argued that costs should not be awarded because the litigation raised public interest issues relating to Indigenous title and burial grounds.

The court rejected this characterization, finding the respondents engaged in trespass and intimidation rather than advancing their claims through lawful court processes.

Applying the proportionality principles under Rule 57.01 of the Rules of Civil Procedure and the guidance in Boucher v. Public Accountants Council for the Province of Ontario, the court fixed partial indemnity costs.

Costs of $12,500 were awarded to the applicants as fair and reasonable in the circumstances.