Updates

July 10, 2021

Caledonia 2020 Class Action – Case Update dated July 10, 2021

On November 16, 2020 the legal team filed a class action against the OPP, the Government of Ontario and Her Majesty the Queen (the “Crown”) on behalf of residents, future residents and businesses impacted by the land occupation and blockades by protestors in Caledonia. An important ground in our claim is misfeasance in a public office.

In 2019 the Ontario government enacted new legislation called the Crown Liability and Proceedings Act (the “CLPA”) which introduces new legal challenges to overcome before a class action, such as the Caledonia 2020 Class Action, can proceed to certification.

Certification meansthat the court has determined that a class actionis the best option to manage multiple claims. The court must certifythe classbefore it can proceed as a class action.

However, before the class can proceed to the certification process, our claim for misfeasance in a public office by the OPP, Government of Ontario, and the Crown and its relevant officers, employees, and agents requires “leave of the court” pursuant to section 17 of the CLPA.  In order to be granted leave, the legal team must comply with a process defined in section 17, which includes the submission of affidavits, all relevant documents in its’ possession, and the potential to undergo cross-examination, all at the legal team’s own cost, even if the court grants leave.  The Ontario government, however, is not required to provide any relevant documents, nor are they required to undergo any form of discovery.

It is the belief of the legal team that Section 17 of the CLPA effectively precludes legitimate misfeasance claims against the Ontario government and bars virtually all Ontarians from commencing otherwise meritorious litigation for loss, injury or harm attributable to misfeasance by the province.  Numerous law firms that we have entered into discussions with, including a Dean of Law, regarding this issue, agree with our constitutional assessment, and feel a challenge is warranted.

In addition, we believe that section 17 of the CLPA is fundamentally unfair and highly unconscionable since it deprives Ontarians of access to justice and leaves them uncompensated for harm or loss attributable to misfeasance in public office.

We believe that the Ontario government should not enjoy blanket immunity in the civil courts in relation to misfeasance actions. To the contrary, the Ontario government should continue to be held legally accountable by the courts if Ontarians suffer harm or loss arising from the intentional acts or omissions of Crown officers, employees or agents.

The legal team believes that what the Ontario government is trying to do is place itself beyond the reach of the courts and make it difficult, and in many cases impossible, to sue the government even when it acts in bad faith or breaches the duties of office.

Therefore, on May 11, 2021 the legal team filed an application (the “Notice of Application”) in the Superior Court of Justice challenging the constitutional legality of Section 17 of the CLPA. 

The Notice of Application issued May 11, 2021 can be viewed in .pdf format on our Case Developments page.

Further, on June 29, 2021 the legal team filed its’ argument (the “Factum of the Applicants”) in support of its constitutional challenge to Section 17 of the CLPA.

The Factum of the Applicants issued June 29, 2021 can be viewed in .pdf format on our Case Developments page.

We are currently awaiting confirmation and date of a trial management hearing which we expect to take place in the next couple of weeks.

The Legal Team

June 21, 2021

Caledonia 2020 Class Action – Case Update dated June 21, 2021

We would like to thank those class members who have provided us with photographs, videos and eyewitnesses reports of egregious actions taken by protesters in Caledonia.

Notice of Application May 11, 2021

On February 19, 2021 the legal team filed a Statement of Claim against the Government of Ontario on four distinct grounds being Negligence, Misfeasance, Nonfeasance and Nuisance with regard to the Government of Ontario’s police response to the indigenous protests and land occupation in Caledonia commencing in 2020. These are essentially the same grounds plead in the 2006 Douglas Creek case which was settled by the Province in 2012.

On May 29, 2019, the Lieutenant Governor of Ontario granted Royal Assent to new legislation that defines the circumstances under which the Ontario government can be sued. The replacement legislation, the Crown Liability and Proceedings Act, 2019, came into effect on July 1, 2019 and fundamentally limits the circumstances under which the Government of Ontario can be found liable in a private action and introduces significant procedural hurdles to actions against it.  One of these hurdles is that we are obliged to seek “leave of the court” to bring an action against the Government of Ontario for one of the grounds that we have sued for being an act of “Misfeasance” in public office. 

Misfeasance in public office means a failure to discharge public obligations existing under common law, custom, or statute. In this regard we would be referring to the actions of the OPP (Government of Ontario) in preventing crime against or affecting businesses, residents and potential new home owners in Caledonia. 

It is the conviction of the legal team that the obligation to seek leave to the court for claims involving misfeasance is unconstitutional in that it contravenes the rights given to Canadians under the Charter of Rights and the Constitution of Canada.   In this regard we are supported by numerous law firms and other professional bodies that agree with us.  As such on May 11, 2021 the legal team filed a Notice of Application outlining our constitutional arguments, which document can be viewed in .pdf format on the Case Developments page of our website https://caledoniaclassaction2020.com/updates/casedevelopments/  

This will be the first constitutional challenge against the Government of Ontario based on the provisions of the new Crown Liability and Proceedings Act, 2019

Reporting of Financial Losses

As the law suit progresses it will be necessary for the legal team to quantify an amount for our claim on behalf of all members of the Caledonia 2020 class action.  In order to calculate the amount of financial losses incurred by members of the class action as a result of the protests and land occupation in Caledonia we would appreciate receiving your estimated financial losses in this regard. Your response will not be binding upon yourself and can easily be amended at a later date.

For example, if you are a business and you estimate that financial losses incurred by your company is an approximate amount of $200,000 then that is the figure we are looking for.

If you are a resident and the blockades and action in Caledonia has resulted in increased fuel costs, loss of revenue due to increased travel time to and from work, increased expenditure on items such as alarm systems, security cameras, additional fencing etc. please provide us with an estimation of these costs and financial losses. 

If you were a prospective McKenzie Meadows home owner in all likelihood you have lost at a minimum $300,000 in terms of lost revenue when comparing the cost of a new build, at the time it was contracted for, against the cost of a new build in today’s climate.  Please provide us with your estimated loss of accrued property value, not including deposits paid.

We are hopeful that all class members will provide us with their estimation of financial losses and we would suggest that you estimate higher rather than lower. With this information the legal team will be in a position to calculate a total amount of Canadian dollars that we intend to claim from the Government of Ontario.

The Legal Team

April 9, 2021

Caledonia 2020 Class Action –Case Update dated April 9, 2021

On November 16, 2020 the legal team filed a Notice of Action to file a class proceeding on behalf of the members of the Caledonia 2020 class action.

On February 19, 2021 the legal team filed a Statement of Claim outlining the constitutional challenges and claims regarding the activities of government entities on behalf of the members of the Caledonia 2020 class action.

Both these are available for download in Adobe Acrobat .pdf format on our Case Developments page.

In March, 2021 the Ontario Superior Court of Justice appointed the Honourable Justice David Broad, Ontario Superior Court in Cayuga, as the case management judge for the Caledonia 2020 class action lawsuit. 

If you have read our Statement of Claim dated February 19, 2021 you will have noted that we have sued the Government of Ontario on four distinct grounds being Negligence, Misfeasance, Nonfeasance and Nuisance.

In order to assist us with regard to the grounds in our claim, it would be very useful for any of you who have personally eye witnessed acts where wrongdoing has occurred and, wherein the OPP have just stood by and watched and not intervened, to please advise us unless you have already provided us with this information in the Share Your Experience portion of the Join Up To Sign class action submission form.

Many of you have filled in the Share Your Experience field of our Sign Up To Join submission form and we would like to thank you for your accounts and experiences.  Some of you have even supplied us with copies of correspondence to and from various government and municipal leaders.  If you have not already done so, we would appreciate receiving email copies of correspondence from anyone who has written or communicated with either municipal or federal officials with regard to the situation in Caledonia.

Further, we would request that if anyone has any photographs or video footage of any unlawful acts taking place, with no intervention by the OPP to prevent such unlawful acts, that they please email us copies of these.  A perfect example would be when the Protestors stole an excavator from the McKenzie Meadows construction site and moved it to McKenzie Road wherein the Protestors commenced to dig two trenches whilst the OPP stood by and watched and did not intervene.

Further, we would request that you kindly recommend to your neighbours, friends and contacts impacted by the current situation in Caledonia that they visit our website and complete the Sign Up To Join submission form to become a member of the Caledonia 2020 class action at the top of this page.

If you have any questions or concerns you wish to address with regard to the Caledonia 2020 class action, please do not hesitate to contact us.

The Legal Team

Important Notice to Class Members

December 14, 2020

The legal team have received a few inquiries from prospective class member applicants questioning whether in the event that the blockades in Caledonia were to be removed the legal team would cancel or withdraw the 2020 Caledonia Class Action lawsuit.
Let us make it absolutely clear that this lawsuit will NOT be dropped until such time as adequate compensation has been attained on behalf of all class members who have been affected by the blockades and protests in Caledonia.
It has been made very evident to the legal team through the application process that businesses, residents and prospective new home owners have suffered significant financial losses due to the blockades and protests in Caledonia and should be compensated for same.

The Legal Team
David Johnson, Class Action Consultant
PRO-C Limited
Peter Murray, Lead Counsel
Arrell Law LLP

Important Notice to Class Members

December 29, 2020

Assuming that the 2020 Caledonia Class Action is successful, which we fully expect, it will be necessary to appoint an Adjudicator to assess each and every class members’ losses.  It was very evident in the previous Caledonia class action that many of the businesses, residents and home purchasers did not have a good accounting of losses, expenses, and costs. Therefore, this led to a convoluted adjudication process and as a result a significant time delay in effecting payouts to the class members.

I urge all 2020 Caledonia class action applicants including businesses, residential homeowners and new property purchasers to create a folder and keep track of losses and extra expenses incurred by the presence of the blockades.  This accounting should be on a weekly basis and back-dated to the beginning of the current blockades.  This will make the job of the court appointed Adjudicator easier and as a result quicker to remit compensation funds.

Each business, resident and individual affected by the current blockades in Caledonia will have differing circumstances, but for example losses can include items such as loss of profits, loss of wages, loss of property value, extra gas expenses, extra daycare fees, extra grocery delivery fees, and costs for items such as black out curtains, installation of alarm systems, security cameras etc. 

The Legal Team
David Johnson, Class Action Consultant
PRO-C Limited
Peter Murray, Lead Counsel
Arrell Law LLP

Important Notice to Class Members

February 19, 2021

After filing our notice of action on December 4th, it was legally necessary to wait 60 days from that date before we could issue our formal claim. We have now filed our formal claim known as a Statement of Claim.

You can download a copy from our case developments page. It is in adobe PDF format but for security purposes it is a protected document which prevents printing, editing, and copying so you will need to read it on your computer. This comprehensive Statement of Claim is the culmination of many months of research and preparation.

Several class members have queried whether we have enrolled them as class members. Once you fill in your registration form on our sign up to join page on this website a response in confirmation appears stating: –

“Thank you. Your registration has now been added to the 2020 Caledonia Class Action.”

On a final note, we have added an historical account tracking the Grand River Land Ownership back to their inception. This is a highly informative document entitled “What happened to the Six Nations Lands on the Grand River” and written by lawyer Ed McCarthy. This document is a remarkably interesting read and in addition will appeal to any history buffs among our Class Members.

The Legal Team
David Johnson, Class Action Consultant
PRO-C Limited
Peter Murray, Lead Counsel
Arrell Law LLP

What happened to the Six Nations Lands on the Grand River

by Ed McCarthy PDF

Important Notice to Class Members

March 18, 2021

If you have completed and clicked “Submit” on the Sign Up To Join submission form linked from this website you have automatically been added to the database of class members eligible to receive compensation once certification for this class action has been granted.

The Legal Team
David Johnson, Class Action Consultant
PRO-C Limited
Peter Murray, Lead Counsel
Arrell Law LLP