Caledonia Class Action Website

Protestors block Argyle Street, April 20, 2006

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.

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:

The Caledonia Business Class comprised of all those persons, including sole proprietors, partnerships, corporations or organizations, whether for profit or non-profit, with business addresses on Argyle Street between Highway 6 and Green Road or on Caithness Street East or West between Inverness Street and Edinburgh Square East in Caledonia, Ontario, and whose businesses have been affected by the closure of Argyle Street from April 20, 2006 until May 24, 2006, the occupation by protestors of the Douglas Creek Estates or the interruption of hydro service from damage done to the Hydro One Caledonia transformer station on May 22, 2006, excluding members of the Contractors Class.

The Property Occupiers Class comprised of all those persons who on February 28, 2006, occupied real property located within the boundaries and at the addresses set out in Schedule "A" attached to the Notice of Motion (being 442 households within Caledonia bordering the occupied areas), and who have been affected by the occupation by protestors of the Douglas Creek Estates, the closure of Argyle Street from April 20, 2006 until May 24, 2006, and the closure of Highway 6 between Green Road and the junction of Argyle Street South from April 20, 2006 until June 14, 2006.

The Contractors Class comprised of all contractors or subcontractors of Henco Industries Limited or their agents, who were contracted to provide services or materials to owners, developers, builders or contractors on the Douglas Creek Estates subdivision as of or on February 28, 2006.

The Highway 6 Class is comprised of all those persons, including sole proprietors, partnerships, corporations or organizations, who carry on a business, whether for profit or non-profit, with business addresses along Highway 6 from Hwy No. 3 to Haldibrook Road, whose businesses have been affected by the closure of Highway 6 between Green Road and the junction of Argyle Street South from April 20, 2006 until June 13, 2006, excluding members of the Caledonia Business Class.

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.

Forms and information pertaining to a submission for compensation under the settlement of the Caledonia class action can be found on the Compensation and Applications Page.