A student who sounded the alarm over safety concerns at a Mississauga mall has won $25,000 in damages after a judge found a developer鈥檚 $300,000 lawsuit against him was meant to silence his criticism.
Pierre Roy isn鈥檛 an activist or a public figure 鈥 just a 25-year-old student who noticed something off in his neighbourhood and decided to speak up.听
When he spotted what looked like unpermitted construction work at Sheridan Centre, he filed complaints with the city. Months later, he was hit with a lawsuit from the developer behind the project.
In response, Roy filed an anti-strategic lawsuit against public participation (SLAPP) motion, arguing the lawsuit was meant to intimidate him into silence. He sought $25,000 in damages for the stress, anxiety and chilling effect the case had on his right to speak out.
鈥淚 was just voicing my concerns to the appropriate authority,鈥 Roy, an architectural engineering student at the University of Waterloo, told the Star. 鈥淔or them to tell me that I can’t do that, and that’s a reason to sue me was very concerning.鈥
Luke Johnston, the executive vice president of development and general counsel for Dunpar Homes, the parent company听 of Sheridan Retail Inc. (SRI),听said听the primary purpose for the lawsuit was to stop Roy from听entering areas of the mall that were under construction and closed to the public, “given the inherent safety risks” and to “protect its property rights.”
SRI will be appealing the court decision, saying it was 鈥渨rong鈥 based on fact and law.听
As foot traffic declined at the aging mall SRI began redeveloping it into a retail and community hub, with plans to build condos around it.
But while living at home for a school term in 2022, Roy noticed major construction underway, including the removal of the sprinkler system, with no posted building permit.
Building permits can take 20 or more business days for complex projects, according to the City of Mississauga, and are meant to ensure safety and code compliance. After raising concerns with the developer and seeing no change, Roy filed anonymous complaints to the city, which later found the developers had violated both the Building Code Act and the Planning Act.
鈥淚f you’re going to be doing things in the area that I live in, you should be following the rules the city lays out for a reason,鈥 Roy said.听听
Pierre Roy, near his home in downtown Hamilton, grew up near Sheridan Centre in Mississauga.听
Nick IwanyshynIn May 2023, SRI filed a cease and desist letter against Roy, demanding he stop making complaints to the city and threatening to sue for trespassing on their property.
鈥淪ome of the things in there, even at the very early stage, were meant to threaten and scare,鈥 he said.听
He鈥檚 unsure how the developers became aware he was the source of the complaints, which are supposed to be protected under the Municipal Freedom of Information and Protection of Privacy Act. Roy suspects it may have stemmed from earlier direct communications and an interaction inside the mall, after he entered a restricted corridor.
The City of Mississauga told the Star the identity of the complainant is never shared with the property owner or representative who is being investigated, which happens when an allegation of illegal construction is filed. “The City鈥檚 Building enforcement services team respects and maintains the confidentiality of those who lodge complaints about illegal construction activity in Mississauga,” a city spokesperson said.听
Johnston declined to comment on how the developers identified Roy.
He told the Star that SRI will continue to invest听tens of millions of dollars on residential redevelopment of the mall lands, adding the developer “looks forward to working with the community.”
“SRI continues to welcome appropriate public consultation on the proposed redevelopment,” Johnston said.
Pierre Roy, who supported the idea of redevelopment but had concerns about its implementation, attended a public city meeting and voiced his opinion in December 2023.听
Nick IwanyshynDespite the initial letter, Roy said it would not have felt 鈥渞ight鈥 to 鈥渢urn around and disappear鈥 from the issues regarding the redevelopments. He kept filing complaints, and the city continued to find more permit issues.
At a public city meeting in December 2023, the developers proposed their redevelopment plans for the condos in the mall鈥檚 area. Roy, who supported the idea of redevelopment but had concerns about its implementation, attended the meeting and voiced his opinion. The developer鈥檚 lawyer said to other attendees that Roy had been found 鈥渞ooting through garbage鈥 and was asked not to trespass in the mall.
鈥淚 was like, 鈥業s this really happening?鈥欌 Roy said. 鈥淚 just couldn’t believe it because there’s so much on the line for them in this moment 鈥 It was shocking and embarrassing and strange that was their move.鈥
Johnston declined to comment about the interaction.听
Pierre Roy and his lawyers argued the lawsuit was a 鈥済ag proceeding,” and the developer was abusing its relative power and the civil justice system to limit his free speech.
Nick Iwanyshyn/Special to the StarThe city rejected the proposal on Dec. 29, 2023. That same day, SRI filed a lawsuit against Roy for defamation, inducing breach of contract, interference with economic relations and trespass, seeking $300,000 in damages and alleging he was 鈥渙bsessed鈥 with the mall.
The developer said Roy was 鈥渢he largest and most costly obstacle鈥 in its redevelopment plans. Roy felt as if it was another attempt from the developers to silence him.
鈥淰ery strong allegations, but also crazy,鈥 Roy said about the lawsuit.听听
Roy and his lawyers argued the action was a 鈥済ag proceeding,” saying the developer was abusing its relative power and the civil justice system to limit his free speech.
SRI later conceded Roy was engaging in public expression. The developers sought to reduce its claim to only plead trespass and asked the judge to dismiss the anti-SLAPP motion. However, the court ruled in favour of the student, ordering the developer to pay the damages.
鈥淚t took a year and a half after (the initial lawsuit), but I鈥檓 very pleased to have it, at least for now, put to bed,鈥 Roy said.
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Roy hopes the court decision sends a message 鈥 not just to SRI, but to other developers who might try to silence critics through legal intimidation.
“I wanted to show others that in the face of such a threat, you can win.”
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