Caledonia Class Action Website

Class Action
June 12, 2006

Statement of Claim
June 12, 2006

Press Release
June 12, 2006

Motion
June 14, 2006

Marshall Judgment
August 8, 2006

Press Release
August 11, 2006

Order
August 25, 2006

Press Release
September 26, 2006

Notice of Motion for Certification
November 24, 2006

Press Release
November 30, 2006

Decision
December 13, 2006

Plaintiffs' Factum
January 12, 2007

Attorney General's Motion for Case Management
April 10, 2007

Attorney General's Case Management Factum
April 13, 2007

Plaintiff's Case Management Factum
April 16, 2007

Haldimand County Rule 20 Motion Record
June 5, 2007

Plaintiff's Rule 20 Responding Motion Record
June 6, 2007

Attorney General Rule 21 Notice of Motion
June 7, 2007

Attorney General Rule 21 Factum
June 8, 2007

Haldimand County Rule 20 Factum
June 14, 2007

Plaintiff's Rule 20 Factum
June 18, 2007

Haldimand County Rule 20 Supplementary Motion Record
June 19, 2007

Judgment of Justice Crane
July 30, 2007

Plaintiff's Responding Factum
September 14, 2007

Plaintiff's Proposed Amended Statement of Claim
September 25, 2007

Hearing
September 25 and 26, 2007

Decision of Justice Crane
December 21, 2007

Order of Justice Crane
December 21, 2007

Press Release
January 2, 2008

Motion by Attorney General for Leave to Appeal Order
January 11, 2008

Factum of Attorney General for Motion for Leave to Appeal
April 23, 2008

Factum of the Plaintiffs Responding to Motion for Leave
April 28, 2008

Reasons of Justice Walter Stayshyn dismissing Crown motion for leave to appeal
May 29, 2008

Endorsement on Costs of Justice Stayshyn awarding costs to the plaintiffs on the Attorney General's motion for leave to appeal the Order of Justice Crane
July 30, 2008

Supplementary Motion Record for Certification
May 29, 2009

Plaintiffs' Supplementary Factum
October 8, 2009

Reasons of Justice Crane certifying the action as a class proceeding.
February 8, 2010

Order of Justice Crane.
February 8, 2010

CASE DEVELOPMENTS

June 12, 2006
A class action was commenced under the Class Proceedings Act, 1992 in the Ontario Superior Court of Justice in Cayuga, Ontario, Canada.

June 12, 2006
Statement of Claim
pdf

June 12, 2006
Press Release
pdf

June 14, 2006
Province of Ontario given notice under the Proceedings against the Crown Act of intended claim by the Plaintiffs.

August 8, 2006
Judgment of Justice T. D. Marshall in Henco Industries Limited v. Haudenosaunee Six Nations Confederacy Council et al.
pdf

August 11, 2006
Press Release
pdf

August 25, 2006
Order of Court of Appeal re stay of Justice Marshall's Judgment
pdf

September 26, 2006
Press Release
pdf

November 24, 2006
Notice of Motion for Certification
pdf
(Revised January 12, 2007)
pdf

November 30, 2006
Press Release
pdf

December 13, 2006
Decision of Court of Appeal on appeal of Justice Marshall's Judgment
pdf

January 12, 2007
Plaintiffs' Factum
pdf

Case Management Motion

April 10, 2007
Attorney General brings motion for case management of all claims against the Crown arising from the Caledonia occupation, included the class action.

This includes the actions of Brown and Chatwell v. Her Majesty, Railink Canada Ltd. v. Her Majesty and Fasano v. The Provincial Government of Ontario.

Attorney General's Motion for Case Management
pdf

April 13, 2007
Attorney General's Case Management Factum
pdf

April 16, 2007
Plaintiff's Case Management Factum
pdf

April 18, 2007
It is agreed by all parties that all motions brought by the Haldimand County or the Attorney General to strike out the Statement of Claims for failing to disclose a cause of action in any of four actions would be heard by Justice Crane.   

Haldimand County Rule 20 Summary Judgment Motion

June 5, 2007
Haldimand County Rule 20 Motion Record
pdf

June 6, 2007
Plaintiff's Rule 20 Responding Motion Record
pdf

June 14, 2007
Haldimand County Rule 20 Factum
pdf

June 18, 2007
Plaintiff's Rule 20 Factum
pdf

June 19, 2007
Haldimand County Supplementary Motion Record
pdf

June 20, 2007
The Rule 20 motion was argued before Justice Crane.

July 30, 2007
Justice Crane renders a judgment dismissing the plaintiffs’ action against Haldimand County.  He found that the the plaintiffs have a common law right of passage over Argyle Street, but that Haldimand County did not have a positive duty under the Municipal Act to enforce this right. 

Judgment of Justice Crane.
pdf

August 1, 2007
There will be no costs awarded or appeal of the Judgment of Justice Crane dated July 30, 2007.

Attorney General’s Rule 21 Motion to Strike Statement of Claim

The motion was heard on September 25 and 26, 2007 at the John Sopinka Court House, Hamilton, Ontario.

June 7, 2007
Attorney General Rule 21 Notice of Motion
pdf

June 8, 2007
Attorney General Rule 21 Factum
pdf

September 14, 2007
Plaintiff's Responding Factum
pdf

September 25, 2007
Proposed Amended Statement of Claim submitted by Plaintiffs.
pdf

September 25 and 26, 2007
Hearing of Attorney General’s Rule 21 motion before Justice David Crane.

December 21, 2007
Decision of Justice David Crane on Attorney General’s Rule 21 motion
pdf

December 21, 2007
Order of Justice Crane dated December 21, 2007
pdf

January 2, 2008
Press Release
pdf

Attorney General’s Motion for Leave to Appeal Order to Divisional Court

January 11, 2008
Motion by Attorney General for Leave to Appeal Order to Divisional Court
pdf

April 23, 2008
Factum of Attorney General for Motion for Leave to Appeal
pdf

April 28, 2008
Factum of the Plaintiffs Responding to Motion for Leave
pdf

May 29, 2008
Reasons of Justice Walter Stayshyn dismissing Crown motion for leave to appeal.
pdf

July 30, 2008
Endorsement on Costs of Justice Stayshyn awarding costs to the plaintiffs on the Attorney General's motion for leave to appeal the Order of Justice Crane.
pdf

Plaintiffs' Motion for Certification

May 29, 2009
Supplementary Motion Record for Certification.
pdf
 

October 8, 2009
Plaintiffs' Supplementary Factum.
pdf

February 8, 2010
Reasons of Justice Crane certifying the action as a class proceeding.
pdf

February 8, 2010
Order of Justice Crane dated February 8, 2010.
pdf