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Enterprise Canada resolves suit against convoy lawyer Brendan Miller

Enterprise Canada said in a statement Friday they had resolved a dispute between the strategic communications firm, executive Brian Fox and lawyer Brendan Miller.

Miller had claimed Enterprise executive had waved Nazi flag to discredit protesters

A man wearing a suit and holding a cigarette, with a woman behind him.
Freedom Corp. counsel Brendan Miller is pictured outside the hearing room of the Public Order Emergency Commission as self-described 'Freedom Convoy' protest organizer Tamara Lich looks on in Ottawa on Nov. 22, 2022. Miller and the strategic communications firm Enterprise Canada have resolved a legal dispute, the firm said Friday. (Adrian Wyld/The Canadian Press)

A defamation suit launched against the lawyer for the self-described "Freedom Convoy" has been resolved, according to a statement from Enterprise Canada.

The strategic communications firm and one of its executives, Brian Fox, filed a statement of claim against lawyer Brendan Miller in December for what it described as defamatory statements Miller made during the course of the Public Order Emergency Commission last fall.

Over the six weeks of the commission, Miller served as a lawyer representing a number of the main convoy protest organizers, participating in the examination and cross-examination of witnesses.

During one day of the commission, Miller had alleged, citing no evidence, that Fox had carried a Nazi flag in the midst of the Ottawa protests in the winter of 2022 so that photos would be taken and the protesters would be discredited.

Miller attempted to compel Fox and others to testify about the presence of Nazi and Confederate flags at the protests, but this application was denied by Justice Paul Rouleau, who chaired the commission. At one point, Rouleau ejected MIller from the commission proceedings.

Fox and Enterprise pushed back against the claims, eventually serving Miller with a defamation notice and later suing Miller for $2 million. Enterprise President Jason Lietaer told CBC in November that Fox was receiving death threats due to the allegation.

Enterprise countered that Fox had not been in Ottawa during the time of the convoy and, among other things, was a longtime donor to the Conservatives and a supporter of Pierre Poilievre's leadership bid. He had no reason to collude with the Liberal government to discredit the protesters, the firm said in its cease and desist letter.

Two men in front of microphones speak.
Commissioner Paul Rouleau speaks with Freedom Corp. counsel Brendan Miller before asking security to remove the lawyer from the Public Order Emergency Commission, in Ottawa on Nov. 22, 2022. (Adrian Wyld/The Canadian Press)

In a statement posted to Twitter on Friday, Enterprise said the litigation had been resolved. The firm said the statement was a joint declaration by Enterprise, Fox and Miller.

"The parties have agreed to accept the ruling of Commissioner Rouleau as conclusive and final and put the issue behind them."

Rouleau addressed the issue as part of his final report.

He wrote that Miller's claims had been made "with little foundation in evidence" and that when Miller raised the claims with various members of the government and bureaucracy, those "examinations elicited no evidence to support the theory."

Miller did not immediately respond to a request for comment Sunday.