Ontario court tosses out developer's $300K lawsuit trying to 'silence' student

Nicole Brockbank · CBC News

· Posted: May 16, 2025 4:00 AM EDT | Last Updated: 10 minutes ago

The Ontario Superior Court of Justice has dismissed a $300,000 suit filed by a developer against an engineering pupil for trying to "silence" his concerns astir the redevelopment of a Mississauga, Ont., promenade and plans to physique adjacent residential towers.

Sheridan Retail Inc., a subsidiary of Dunpar Homes, filed the suit against Pierre Roy alleging defamation and trespassing connected the aforesaid time the City of Mississauga rejected its connection for 2 15-storey condominium oregon flat buildings connected the onshore surrounding Sheridan Mall successful December 2023.

"It was a precise stressful concern to fig retired what to do," Roy said successful an interrogation on CBC's Metro Morning. "Particularly successful the mediate of 1 of my last presumption of school."

Roy had voiced concerns astir the biology sustainability and lodging affordability of the developer's connection astatine assemblage consultation meetings.

He besides took photos of operation enactment underway astatine the promenade — which archetypal opened successful 1969 — and reported his information concerns to the city, which investigated and recovered the developer had failed to get gathering permits, according to the tribunal decision, which was released connected Tuesday.

Judge orders developer to wage $25K successful damages

Justice Renu Mandhane ordered the developer to wage Roy $25,000 successful damages and to screen each of the University of Waterloo student's ineligible costs.

"By claiming damages of $300,000, the developer intelligibly sought to intimidate a 24-year-old assemblage pupil and section nonmigratory into silence," the justice wrote successful her scathing decision.

"Substantial damages are warranted due to the fact that the developer caused harm to the pupil by publically ridiculing and belittling him and his family, threatening him with spurious ineligible enactment to soundlessness him successful beforehand of metropolis council's vote, adopting heavy-handed litigation tactics, and chilling his continued nationalist look astir the promenade redevelopment project."

The suit was dismissed nether Ontario's anti-SLAPP legislation, which stands for "strategic lawsuits against nationalist participation." The state introduced the authorities successful 2015 to forestall the courts from being utilized for gag proceedings to soundlessness state of look successful the nationalist interest.

In effect to Roy's question to disregard the lawsuit, Sheridan Retail conceded that Roy was engaging successful nationalist expression, but the developer asked the tribunal to let it to proceed with the suit by limiting it to the trespassing claim.

But Mandhane said granting the petition would beryllium "tantamount to sanctioning its continued usage of the ineligible strategy to soundlessness the student."

"While the developer tries to formed the pupil arsenic 'obsessive,' I deliberation the much due connection is engaged," the justice wrote.

"The pupil raised information concerns that were investigated by the metropolis and required the developer to marque changes to the operation site. The pupil raised concerns astir lodging affordability and biology sustainability — societal issues that are immensely important to young radical and intelligibly worthy of superior nationalist debate."

Developer plans to appeal decision

In an emailed statement, Sheridan Retail told CBC Toronto that the institution has superior concerns with the decision, which it believes "was incorrect connected some information and law," and volition beryllium taking its lawsuit to the Ontario Court of Appeal.

"[Sheridan Retail's] superior intent for bringing the suit against Mr. Roy was to halt him from continuing to participate areas of the promenade that were nether operation and closed to the nationalist fixed the inherent information risks and to support its spot rights," the connection said.

The developer said it has spent millions of dollars improving the mall, has attracted new tenants and has invested tens of millions of dollars connected residential redevelopment of the property.

Sheridan Retail besides appealed the city's rejection of its improvement applications for 2 flat buildings to the Ontario Land Tribunal. During that process, the metropolis says method details were addressed and it accepted a settlement, which the tribunal approved this January.

The developer is present allowed to proceed with gathering 2 15-storey condo oregon flat buildings with 631 units, according to the city.

Roy said he was ne'er funny successful stopping the development. "I deliberation that it makes a batch of consciousness connected the site," helium said. "I truly conscionable wanted it to proceed with the champion intentions for the community."

He said the dismissal of the lawsuit against him shows that the courts support the public's close to beryllium participating successful these kinds of proceedings.

"It serves arsenic an illustration to those who whitethorn beryllium facing akin cases oregon those atrocious actors who whitethorn beryllium reasoning astir stifling escaped expression," Roy said.