Another legal saga is brewing between the city of Westmount and a resident who liked to feed the local squirrels: the Quebec Court of Appeal says he can appeal a decision that rejected his motion to sue for defamation.
Lawrence Klepper lost the first round last fall when a Quebec Superior judge said his $300,000 defamation lawsuit was abusive. Klepper alleged Westmount mayor Peter Trent and councillor Cynthia Lulham smeared his name by associating him with the alleged presence of rats in the city.
The case dates back to 2006 when the city started seeking injunctions against Klepper and fining him for feeding the local squirrels and birds, even having him followed by public security officials. That prompted an invasion of privacy lawsuit that went all the way to the Supreme Court which refused to hear the case in 2015.
In a three page ruling issued today, Quebec Court of Appeal judge Marie St-Pierre said Klepper's questions involving what constitutes an abusive lawsuit and the justification of damages merit another hearing in the public's interest.
Trent said he could not comment since it's before the courts. Klepper could not be reached.