Caledonia family settles in 'lawlessness' lawsuit

Details kept confidential; family sought $7m from OPP, province

DANIEL NOLAN

CALEDONIA — An out-of-court settlement has been reached in the lawsuit between a family and the Ontario government and the Ontario Provincial Police over claims the OPP abandoned the family to chaos and lawlessness during the 2006 native occupation of a housing project.

The settlement between the three parties was finalized Tuesday.

Provincial officials and a lawyer for David Brown, 42, his wife Dana Chatwell, 46, and their teenage son Dax said the terms of the deal include the financial settlement being confidential.

The family was suing the province and provincial police for $7 million in general, punitive and aggravated damages. Natives occupied the housing project Feb. 28, 2006, and still occupy the site. The province bought it from the developers.

The family live on Argyle Street South, right beside the occupied Douglas Creek Estates, and said they lived a terrified existence trapped between barricades for more than a month, harassed by day with threats to kill them and burn down their house, and at night by spotlights shining on their house. The couple said the OPP adopted a hands-off approach and essentially stopped enforcing the law when it came to native protesters.

Both sides said the settlement was reached without any admission of liability by the government and the OPP.

“The government is pleased this complex matter has been resolved,” Brendan Crawley, a spokesperson for the Ministry of the Attorney General, said in a statement.

Michael Bordin, a lawyer for the Browns, said the couple are also pleased and satisfied this has been resolved.

While he could not say if the deal involved the province buying the family out, he said the couple are looking to buy and relocate to another home in Caledonia as soon as possible.

“They’re anxious to move on,” Bordin added.