Benjamin Dichter and Chris Garrah want the Ontario Superior Court of Justice to release $200,000 of the more than $5 million in funds donated by convoy supporters that are currently being held pending resolution of a lawsuit launched on behalf of residents and of Ottawa businesses. “The amount of $200,000 requested as an initial retainer is reasonable in the context of a $300 million proceeding,” Dichter and Garrah claim in a court filing. The documents state that $200,000 is the amount required as a retainer for their new law firm, Jim Karahalios Professional Corporation, but note that more money may be needed in the future to defend the potentially complex and lengthy case. The lawsuit was launched in February by Ottawa public servant Zexi Li on behalf of downtown Ottawa residents, alleging damage caused by prolonged truck horn noise and diesel fumes. Lawyer Paul Champ later expanded the potential class of plaintiffs to include Ottawa businesses affected by the city’s three-week occupation and employees who lost wages. The lawsuit names a list of rally organizers as defendants, but Champ wants to add two “classes of defendants,” making any trucker who participated in the protest or anyone who donated potentially liable for damages. During the lawsuit, Champ successfully obtained court orders to freeze money donated to the convoy through websites such as GoFundMe and GiveSendGo, as well as email transfers and cryptocurrency payments. Neither Dichter nor Garrah can personally afford their own legal representation in the case, their motion filing says, as both have limited income and few assets. Dichter, the filing says, is a truck driver and podcast producer who lives in a rented apartment and has no real estate or material savings. “In addition to the truck he uses to generate income, which is worth approximately $40,000 to $50,000 with $15,000 in matching finance charges, he drives a modest personal vehicle,” the motion record states. “His income in 2021 was about $10,000 with an additional $7,000 in corporate net income. He was unable to earn a material income for six months in 2022 due to a broken leg.” Garrah also has limited income from his job as a general contractor, selling windows and doors, according to the court filing. He had a net income of about $15,000 in 2021 and his wife owns their family home, worth about $400,000. His only other assets are tools for work and two trucks, one of which is out of service, the motion file says. The plaintiffs in the Li case are resisting the motion to release the funds, arguing that Dichter and Garrah must prove they have no other available assets before applying to release funds from escrow. “In this case, the Moving Parties are not rich, but they are not immune,” the plaintiffs responded. “Both are gainfully employed and have assets.” Plaintiffs’ response notes that both Dichter and Garrah own vehicles and have income. Dichter, he says, receives income from his podcast and has just published an accompanying book, which could bring in more revenue. The court previously agreed to unfreeze $100,000 of the donations to pay legal fees for another group of defendants in the lawsuit involving Freedom Corp. 2022, the non-profit organization created to receive the donations. Freedom Corp. also opposes the move, saying it only received the escrow money after agreeing not to challenge court orders freezing the donations, called Mareva orders. “The funds to which Garrah and Dichter are seeking access are donations that were intended to be vested in Freedom Corp.,” the company’s response reads. “Freedom Corp. has a fiduciary duty as the intended steward of the donations to ensure that they are used effectively and efficiently.” The Ontario Ministry of the Attorney General also filed a brief in the case, saying it plans to seize $3.4 million in funds donated through GiveSendGo as “property related to an offence” if parade organizers Tamara Lich or Christopher Barber found guilty of the crime. charges they face. A hearing on Dichter and Garrah’s motion is scheduled for Tuesday morning.
