Developers of a Cayuga subdivision have obtained a temporary injunction to restrain members of Six Nations from interfering with construction.
"We did it because it was the legal remedy for removing them peacefully off our property," said Michael Corrado who is president of 1536412 Ontario Ltd. Dave Eccles is his partner and is the company's secretary. "It puts the police on notice," he added.
On May 21, Judge James Ramsay of the Ontario Superior Court of Justice issued the interim injunction.
The court document listed defendants as the Haudenosaunee Confederacy Chiefs Council, members of HDI, Ruby Montour, Floyd Montour, Hazel Hill and others unknown. The judge also ordered that defendants were to be served by May 28 through email to the HDI and the Confederacy council and to one protester found at the work site. The body of the temporary injunction restrains defendants from entering the town house development. Defendants are not to intimidate, block of operations or watch contractors.
Ramsay also ordered the Ontario Provincial Police to enforce the order by removing defendants from roads or the property. On April 22 and May 12, OPP refused to remove OPP protestors when asked to do so by company owners.
On June 2, the injunction matter will go before Ontario Superior Court of Justice for a further hearing.
Corrado said he and his partner hesitated going the route of an injunction due to the Douglas Creek Estates experience. In that case, provincially paid lawyers fought an order issued by a provincially appointed judge, he pointed out. In the end, he and his partner opted for this action as a peaceful alternative.
Even so, Corrado was frustrated because it was necessary in order to have laws enforced. "It's shameful on the government's part," he said.
During the application stage for the project, the company acquired municipal and provincial approvals to build 44 town houses on 4.5 acres of land off Thorburn Street in Cayuga. They also have the 1891 patent. According to a court document issued last Wednesday, this property was "sold by the Government of Canada in trust for the peoples of Six Nations to Thomas Wigg".
In April, Six Nations community member Ruby Montour told him the land belonged to the Haudenosaunee Six Nations and that he must meet with the Haudenosaunee Development Institute. Corrado did but said he was unable to meet requirements including signing over jurisdiction to Six Nations and forwarding a portion of property taxes to HDI.
The Confederacy council established HDI to oversee land development issues in the Haldimand Tract but it is not recognized as a legal authority by the provincial government.
Corrado said his company followed all the rules and that this is not his battle. He was told by the provincial government that they did not have to comply with HDI requirements and that the provincial government stands by its land titles system. No documents showed any land claims on the property according to the May 21 court documents. Montour visited again on May 12 and demanded him to meet with the institute and comply with their requirements or her people would permanently shut down the site in two weeks.
Instead the company asked for an injunction and commenced a legal proceeding against the same list of defendants. Also issued May 21, a statement of claim shows the company is seeking $5 million in damages for conspiracy, trespassing, intimidation and interference with economic relations. They are also seeking $1 million in punitive damages.
The document was sent to defendants at an Ohsweken address. To defend against the proceeding, they must file a statement of defence within 20 days of receiving the notice.
The company his spent over $1 million to buy the land and to pay for planning approvals and building costs to date. Other bills are outstanding for excavation and construction.
Construction of the first seven townhouses was to begin in the week of May 11. Half the homes are sold with closing dates of June 30, July 31 and Aug. 29. Many of those dates are changed as a result of actions of defendants, stated the document.
Because of what Six Nations is doing in the Haldimand Tract, Corrado said these townhouses, the best freehold bungalows in Ontario, are being sold for $20,000 under market value. He said HDI was put on notice about the price cut.
"Cayuga is a great town...everything is there," said Corrado.
His intended to complete the project. "We didn't come this far to quit. We did nothing wrong," he stated.
In the legal proceeding document, the company is seeking an order allowing use of reasonable force to remove trespassers, barricades or vehicles on the site or blocking access to it. If allowed under municipal bylaw, company can build a temporary fence as high as 12 feet along the entire edge of the site and may place coiled barbed wire on top of it.
According the statement of claim, the company can hire private security forces and take other reasonable measures to keep people off the property.
This document describes Haudenosaunee Confederacy Chiefs Council as "a group of native protestors" and the Montours as associated with or acting in concert with the Confederacy council and HDI, which is also identified as a group of native protestors.