McKenzie Meadows

Important Notice to Purchasers of New Homes Located at McKenzie Meadows, 1535 McKenzie Road, Caledonia, Ontario, Canada

On July 19, 2020 members of the Six Nations of the Grand River First Nations Reserve, aboriginal people, and activists occupied a 25-acre parcel of land in Caledonia, Haldimand County, Province of Ontario, located at 1535 McKenzie Road, Caledonia, Ontario known as McKenzie Meadows.

The owner in fee simple with absolute title to McKenzie Meadows was, on July 19, 2020, Foxgate, a corporation incorporated under the laws of the Province of Ontario. In 2017, Foxgate obtained plan approval to develop the land for 218 residential units.

From the Fall of 2018 to July 20, 2020 Foxgate partners’, Losani Homes and Ballantry Homes sold new homes pursuant to the approved plan of subdivision. A number of agreements were to have an initial closing date of November, 2020. By July 20, 2020, 176 Agreements of Sale and Purchase had been entered into wherein prospective purchasers paid deposits of $30,000 to $40,000 per agreement.  To date no homes have been completed.

If you entered into an Agreement for Sale and Purchase for a new build at McKenzie Meadows, 1535 McKenzie Road in Caledonia you are eligible to join the class action. Please complete and submit your class member application by clicking on the link “Sign Up to Join” at the top of this website.

We recognize that the occupation of 1535 McKenzie Road has resulted in a huge loss to purchasers of new homes.  It is our intention to recoup expenditures and losses incurred by the inability to move into your new home at the amount you contracted to pay for it.

In many situations the loss of these new homes has created a situation whereby some purchasers will be unable to purchase an equivalent home due to the increase in property prices, building costs etc.  We are sure that most of you have suffered a loss of $300,000 or more in terms of property appreciation. It is our intended goal to make all McKenzie Meadows purchasers whole.  By this we mean that it is our intention to place purchasers of homes at McKenzie Meadows in the same position that they would have been in should the new homes have been built by the contracted for closing date.

Thank you

The Legal Team