Caledonia Class Action
Protestors block Argyle Street, April 20, 2006.
Protestors burn historic wooden Sterling Street bridge, April 20, 2006
Protestors block Highway 6, April 20, 2006 to June 13, 2006.
Background to the Caledonia Class Action
On June 12, 2006, a class action was commenced under the Class Proceedings Act, 1992, in the Ontario Superior Court of Justice in Cayuga, Ontario on behalf of business and property owners damaged by the occupation of the Douglas Creek Estates and the subsequent closure of Argyle Street and Highway 6.
The action is against the former Commissioner Gwen Boniface and the former Cayuga Detachment Commander of the Ontario Provincial Police and Haldimand County. In addition the plaintiffs have commenced a motion to add Her Majesty in right of Ontario (the Province of Ontario) as a party defendant to the action for the actions of various Ministers of the Provincial Crown, including the Minister of Transportation, the Minister of Aboriginal Affairs, the Minister of Community Safety and Correctional Services, the Minister of Public Infrastructure and Renewal and the Attorney General of Ontario.
The original plaintiffs to the action are two businesses located in Caledonia. A motion has been brought by the plaintiffs requesting that other plaintiffs be added to the action, including 14 property owners and two other businesses, one to represent the contractors whose work was curtailed by the occupation, and the other to represent the businesses affected by the closure of Highway 6.
The action was certified as a class proceeding by Justice Crane on February 8, 2010. The motion for certification comprises four classes of plaintiffs as follows:
On June 5, 2007, Haldimand County brought a motion for summary judgment to have the action against the County dismissed.
On July 30, 2007, the claim against Haldimand County was dismissed by order of Justice David Crane.
On June 7, 2007, the Attorney General for Ontario brought a motion to strike out the plaintiffs Statement of Claim.
On September 25 and 26, 2007 the Attorney General's motion to strike was heard by Justice David Crane.
On December 21, 2007, Justice Crane rendered his decision and dismissed the Attorney General's motion to strike. A copy of Justice Crane's reasons for the decision can be found on the Case Developments Page.
On January 11, 2008 the Crown brought a motion to obtain leave to appeal the order of Justice Crane to the Divisional Court of Ontario.
The Crown's motion was heard by Justice Walter Stayshyn on April 30 and May 21, 2008 at Hamilton.
On May 29, 2008, Justice Stayshyn dismissed the Crown's motion for leave to appeal.
In light of Justice Crane's decision, following consultation with the representative plaintiffs of the various proposed classes, the proposed Statement of Claim and the Motion for Certification was amended.
A Supplementary Motion Record dated May 29, 2009 was prepared and served upon the Attorney General for Ontario on June 11, 2009.
The motion for certification is scheduled to be heard at Hamilton, Ontario on November 18 and 19, 2009.
The action was certified as a class proceeding on February 8, 2010 by Justice Crane. A copy of Justice Crane's Reasons for the decision and Order can be found on the Case Developments Page.
The action was settled in the amount of $20,000,000.00 Cdn on July 8, 2011 by Order of Justice Crane.
The approval for the final distribution of funds pertaining to the Caledonia Class Action was granted on January 23, 2017 by the Honourable Justice Richard Lococo. A copy of Justice Lococo's Order can be found on the Case Developments Page.
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