On Behalf Of The Citizens Of Caledonia The Documentation For The Class Action Law Suit Has Now Been Filed. 

Press Release

Notice Of Motion for Certification

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 affected by the occupation of the Douglas Creek Estates and the subsequent closure of Argyle Street and Highway 6. It has beendecided that in the motion for certification the Class set out in the claim will be divided into 5 separate identifiable certifiable Subclasses, to reflect the particular impact of these events on each of these subclasses. We have recently been retained by numerous property owners and business owners who wish to be added as representative plaintiffs for these subclasses. It is important that everybody realize this is the only legal way to ensure that the responsible individuals are held accountable.

The intent of the Caledonia Class Action lawsuit is to hold our political representatives accountable for their actions and inactions. Our court system is the ONLY LEGAL to ensure that this will occur. The action names The Government of Ontario, The Corporation of Haldimand County, the Ontario Provincial Police Commissioner and the Cayuga Detachment Commander. The knowledge that this action will eventually hold those responsible accountable should be sufficient incentive to support the class action. 

The Caledonia Class Action Committee has reached the first goal of $10,000.00, which is being used to pay for the initial expenses of commencing the action. The balance of the funds raised will be held by a group of trustees pending the outcome of the case. If the action is successful, YOUR DONATION WILL BE RETURNED, plus any accrued interest, on a proportionate basis. If the action is unsuccessful, then the funds will be used towards any adverse cost award. The lawyers have accepted this action on a contingency basis and, save and except the initial payment, none of the funds collected will be used to pay the legal fees of the lawyers who are acting for the Representative Plaintiffs. 

The Class Action Suit Requires Funding to Continue Building the "Hold Harmless Fund"  Contributions can be made towards the fund to ensure the continuation of the suit.  We will shortly be dividing the Classes of the suit into 5 separate areas.  We will shortly be having another public meeting.  We have met our first goal.  

	Caledonia Class Action
Below is a simple form to fill out and send along with a cheque to the trust fund. Make all cheques payable to Class Action Caledonia.All monies will be held in Trust and will be REFUNDED with INTEREST upon the successful conclusion of the action. Read Why Monies is Required...
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 affected by the occupation of the Douglas Creek Estates and the subsequent closure of Argyle Street and Highway 6. The action is against The Corporation of Haldimand County, Commissioner Gwen Boniface of the Ontario Provincial Police and the Cayuga Detachment Commander of the Ontario Provincial Police. In addition the plaintiffs have put the Government of Ontario on notice, as they are required to do under the Proceedings Against the Crown Act, on their intention to add them as party defendants to the action. This Class Action is for all the people who have been affected. However, the action needs the help of the people in Caledonia and surrounding area that have been affected by the DCE occupation to succeed. Class Actions in Ontario are different then what you may see on American television. The major difference between a US class action and a class action commenced in Ontario is that in the US, it is very rare for a costs award to be made against the plaintiff that commenced the action, whereas, in Ontario, the "loser pays" rule applies and if the plaintiff is unsuccessful, even at the certification stage, the plaintiff could be held liable to pay the legal costs of the successful party. One of the reasons there are far fewer class actions in Ontario is that substantial costs awards have been made against plaintiffs who have failed to obtain certification or who have lost at trial. The action has been served to the OPP and the Region and the Province has been put on notice as required by law that they will be included in the suit when the wait period is over. The action needs financial support to ensure that the two representative plaintiffs that have stepped up to the plate for everyone else are not jeopardized by this action in any way. The action needs your financial support. A fund is being established for the sole purpose of protecting the plaintiffs who commenced this action from any adverse costs awards. The first $10,000.00 will be used to pay for initial expenses of commencing the action and the balance of the funds raised will be held by a group of trustees pending the outcome of the case. If the action is successful, the remaining funds, plus any accrued interest, WILL BE RETURNED to the donors on a proportionate basis. If the action is unsuccessful, then the funds will be used towards any adverse cost award. The lawyers have accepted this action on a contingency basis and, save and except the initial payment, none of the funds collected will be used to pay the legal fees of the lawyers who are acting for the representative plaintiffs. If you feel, as we do, that the Governments and the OPP have been negligent in their responsibilities to the people of Caledonia and surrounding area, here is your chance to act. Make your donation today and mail it. Without your support, the action may not be able to proceed. Lets make sure they hear us loud and clear that we won’t stand by and let the people who are in positions of power leave us without leadership.