McKenzie Meadows
Information relative to Purchasers of New Homes Located at McKenzie Meadows, 1535 McKenzie Road, Caledonia, Ontario, Canada
Deposit Refunds
In July 2021, the developers of the proposed McKenzie Meadows subdivision began refunding deposits to purchasers who had entered into Agreements of Sale and Purchase for new homes at 1535 McKenzie Road, Caledonia.
According to the developers, these refunds were issued because construction of the subdivision did not proceed following the occupation of the property in July 2020.
The proposed Caledonia 2020 Class Action includes claims advanced by purchasers who allege that they suffered economic loss and other harm arising from the events surrounding the occupation of the McKenzie Meadows site and related road closures. The claims advanced in the proceeding have not yet been adjudicated.
Acceptance of a deposit refund from the developers does not, in itself, determine whether a purchaser may be eligible to participate in the proposed class proceeding. The class action does not seek recovery of refunded deposits, which arose from private contractual arrangements between purchasers and the developers.
Purchasers who are considering pursuing individual claims against the developers—including Ballantry Homes, Losani Homes, or Foxgate Developments Inc.—are encouraged to seek independent legal advice before executing any mutual release or settlement documentation.
Participation in the Proposed Class Proceeding
Purchasers who entered into an Agreement of Sale and Purchase for a proposed home at McKenzie Meadows and who have not yet completed the registration form on this website may be eligible to seek inclusion in the proposed class proceeding.
Registration on this website is for information and administrative purposes only. Eligibility for inclusion in the class, and the scope of any potential recovery, will ultimately be determined by the Court.
Alleged Losses
Purchasers in the proposed class proceeding allege that the failure to complete construction of the McKenzie Meadows subdivision resulted in economic loss, including the loss of the opportunity to acquire a newly constructed home at the agreed purchase price.
Some purchasers further allege that, as a result of changes in the housing market and construction costs, they have been unable to acquire comparable housing on similar terms. The nature and extent of any such losses have not been determined and will be addressed, if appropriate, through the Court process.
No findings of liability or damages have been made.
Background
On July 19, 2020, protest activity commenced at a parcel of land located at 1535 McKenzie Road in Caledonia, Haldimand County, Ontario. The site was intended to be developed as a residential subdivision known as McKenzie Meadows.
At that time, the property was owned by Foxgate Developments Inc., which had obtained approvals to develop the land for residential use. Foxgate’s development partners, Losani Homes and Ballantry Homes, had entered into Agreements of Sale and Purchase with prospective purchasers prior to July 2020.
Construction of the subdivision did not proceed following the occupation of the site. As of the date of this update, no homes have been completed.
Important Note
This website provides general information about a proposed class proceeding. It does not constitute legal advice, and the allegations described have not yet been proven in court.