Disabled singer Jérémy Gabriel and his mother file lawsuit against comedian Mike Ward

A disabled former child singer from Quebec, Jérémy Gabriel, and his mother are suing comedian Mike Ward for more than $300,000 for Ward's relentless mocking of Gabriel in his standup routines.

The lawsuit filed in Quebec Superior Court Tuesday alleges that Ward's jokes had a "destructive effect" on Gabriel, who lives with a congenital facial abnormality called Treacher-Collins Syndrome, and that to this day the young man lives "constantly in fear."

The suit comes three months after the Supreme Court ruled Ward did not breach the limits of free speech guaranteed under Quebec's Charter of Human Rights and Freedoms when he ridiculed Gabriel, at the time a high school student, on stage.

Gabriel filed a complaint with Quebec's Human Rights Commission in 2012, and the commission eventually ordered Ward to pay the Gabriel and his family $42,000 in damages.

Ward challenged that order all the way to the Supreme Court of Canada, which overturned the ruling on Oct. 29.

Lawsuit alleges jokes made Gabriel 'no longer want to exist'

From September 2010 to March 2013, Ward had a live show called "Mike Ward s'eXpose," in which he ridiculed so-called sacred cows — people Ward said are not generally laughed at because they are rich, influential or weak.

Ward described Gabriel in his live shows as "little Jérémy" and "the kid with the sub-woofer on his head," along with other similar jokes. 

He also called Gabriel "ugly" and wondered why he hadn't died five years after getting his wish to sing in front of the Pope.

"These are personal attacks that are in no way justifiable in the context of a show, nor can they constitute an honest expression of a reasonable opinion," the lawsuit alleged.

"The defendant, knowingly, in bad faith, with malicious intent, attacked the plaintiff and sought to ridicule him, humiliate him and expose him to the hatred or contempt of his fans," it continued.

The lawsuit said that Gabriel withdrew from life, and lost confidence and hope after the jokes.

"For two years, he no longer wanted to go out, no longer wanted to sing, no longer wanted to exist," it said.

Gabriel alleges he was mocked at school, which made him so sad he had suicidal thoughts.

The lawsuit also alleges that Gabriel's grades, talent, and singing career suffered, and that he continues to suffer to this day.

"He must constantly be on the lookout in everyday life, in public places, on the streets and on the bus. He constantly lives in fear," the lawsuit said.

Jérémy Gabriel's mother, Sylvie Gabriel, in a separate filing, alleged that Ward's jokes had "smashed all that she had built" for her son.

"She cried profusely. She suffers from insomnia, is impatient, has lost trust in people. She has been taking antidepressants since 2012," Sylvie Gabriel's lawsuit said.

Ward's lawyer says suit 'not sustainable'

Ward's lawyer, Julius Grey, told CBC in an interview Tuesday that he would file a motion to dismiss the lawsuit as soon as possible.

Grey said there's a limit of one year to file lawsuits alleging libel in Quebec.

"It's much too late for a libel action. Secondly, it's not sustainable in law. It's simply an action that should not go to trial," Grey said.

Grey said that the fact that the Supreme Court already rejected the moderate amount of compensation sought by Gabriel before the Human Rights Commission, makes it unlikely that the Superior Court would want to hear a case seeking a larger amount.

"So what we will try is to have it out of the way this spring. It'll probably take two to three months," Grey said.

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