The City of Brantford (the "City") voted to sell a portion of a municipally owned golf course for development and to retain the remainder as a public park. In response, the defendants, Indigenous individuals who did not live in Brantford and Brantford residents who opposed the sale, commenced, facilitated and/or supported an occupation on the property, which lasted for 84 days. The City brought an action for trespass and conspiracy and successfully obtained interim injunctions to remove the Defendants from the property and prohibit future trespassing.
Two of the defendants (one Indigenous member of Six Nations of the Grand River and one Brantford resident) brought anti-SLAPP motions, claiming, among other things, that the occupation of the property was an "expression" pursuant to section 137.1 of the Courts of Justice Act, and sought an order staying the City's action. One of these motions was subsequently dismissed on consent. The other remains on reserve.
Fasken represented the City with a team comprised of Tracy Pratt, Peter Downard, Harry Skinner, Lily MacLeod and Montana Licari.
Jurisdictions
- Canada
- Ontario
