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1. Purpose of the Go Fund Me Page
2. This Go Fund Me page has been created to support the representation and on-going work by the consulting and legal teams representing the Caledonia Class Action 2020. For more information on this class action or to join this class action please visit our website https://www.caledoniaclassaction2020.com/
3. Your consulting and legal teams have received no remuneration since 2020 to present. This fund is also for the protection of the representative plaintiffs who under class action law are responsible for any adverse legal costs that should be incurred and we cannot allow this to happen, it is important to protect our representative plaintiffs.
4. The consulting and legal teams have no issue with the Caledonia land dispute, this is solely an issue between the Six Nations of the Grand River, Provincial and Federal Governments to resolve.
5. Our issue is with the Provincial Government who failed to uphold the rule of law in Caledonia from 2020 to present and to further obtain compensation from the Provincial Government for those affected by the Caledonia land dispute due to the failure of the Provincial Government to uphold and return the rule of law to Caledonia.
6. The ultimate goal of the consulting and legal teams to the Caledonia Class Action 2020 is for the Government of Ontario to return the rule of law to Caledonia and to further fully compensate and reimburse those class members who have suffered losses as a result of the Government of Ontario’s failure to uphold the rule of law in Caledonia from 2020 to present.
7. Background to the Caledonia Class Action 2020
8. Caledonia is a small community located on the Grand River within the municipality of Haldimand County, Ontario, Canada roughly 20 kilometers southwest of Hamilton. Caledonia is located within the Haldimand Tract, a 385,000-hectare (950,000-acre) tract of land located along the length of the Grand River in Ontario, Canada.
9. The ownership and right of use of the Haldimand Tract has been the subject of an ongoing land claims dispute between the Six Nations of the Grand River and the Government of Canada since the 1970s and has resulted in several instances of direct action by the Six Nations of the Grand River in the form of protests, blockades, and occupations.
10. In 2020, the dispute once again entered public consciousness when members of the Six Nations of the Grand River First Nations Reserve, aboriginal people, and activists (“Protestors”) occupied a 25-acre parcel of land in Caledonia, Haldimand County, Province of Ontario, located at 1535 McKenzie Road known as McKenzie Meadows. The Protestors renamed the area as "1492 Land Back Lane" calling themselves "land defenders" and have occupied the land from 2020 to present and have refused to leave despite being ordered to by an Ontario court.
11. This occupation in 2020 by Protestors caused disruption, mayhem and hardship for businesses and residents of Caledonia, Ontario. In November, 2020 a notice of class action was filed by the legal team on behalf of the businesses and residents of Caledonia who were adversely impacted by this land occupation.
12. The Caledonia Class Action 2020 is comprised of all those persons, including individuals, corporations or organizations, and residents in the Province of Ontario who:
a. occupy or own real property located within or in the vicinity of Caledonia; or
b. carry on a business, including sole proprietors, partnerships, corporations or organizations, whether for profit or non profit, with business addresses in or in the vicinity of Caledonia; or
c. entered into an Agreement of Purchase and Sale for freehold property to be built in McKenzie Meadows;
and who have suffered financially as a result of one or more of the following incidents:
d. the occupation of Protestors on the McKenzie Meadows construction site from July 19, 2020 to present; and
e. the closure of McKenzie Road; and
f. the closure of Argyle Street South; and
g. the closure of Highway 6; and
h. the closure of the Highway 6 Bypass; and
i. by the closure of a portion of the CN Railway Hagersville Subdivision serving Caledonia since August 5, 2020 until present; and
j. by the interruption of hydro service caused by fire to a Hydro One hydro pole and damage to the Hydro One Caledonia transformer station on October 22, 2020 resulting in approximately 1,200 hydro outages across Caledonia; and
k. by the failure to enforce the Order of the Honourable Justice Harper dated July 30, 2020 to prevent persons from attending McKenzie Meadows construction site and prohibiting persons from interfering with Foxgate Development Inc. (“Foxgate”) and their building partners’ construction activities; and
l. by the failure to enforce the Order of the Honourable Justice Harper dated August 7, 2020 to prevent persons from obstructing multiple thoroughfares within the jurisdiction of Haldimand County; and
m. by the failure to enforce the Order of the Honourable Justice Chalmers dated August 6, 2020, to prevent persons from interfering with and or obstructing the CN Railway Hagersville Subdivision serving Caledonia; and
n. by the failure to enforce the Order of the Honourable Justice Chalmers dated August 17, 2020, to affirm the interim and interlocutory injunction granted to CN Rail dated August 6, 2020 to remain in effect and continue until trial or until varied or vacated by the court providing comprehensive terms and conditions; and
o. by the failure to enforce the Order of the Honourable Justice Harper dated Aug 25, 2020 to uphold the interim and interlocutory injunction granted to Foxgate on July 30, 2020 returnable on October 9, 2020, providing comprehensive terms and conditions.
p. by the failure to enforce the Order of the Honourable Justice Harper dated Oct 22, 2020 making permanent the injunction dated July 30, 2020 to Foxgate.
q. by the failure to enforce the Order of the Honourable Justice Harper dated Oct 22, 2020 making permanent the interlocutory injunction dated August 7, 2020 to Haldimand County, providing comprehensive terms and conditions.
r. Nov 27, 2020: retired Ontario Provincial Police inspector and member of the Haldimand Police Services Board and representative plaintiff stated:
“It is true, there has been little to no enforcement of the Rule of Law since July 19, 2020. The citizens of Caledonia are tired and frustrated of the current state of lawlessness in their town. The citizens want action and they want it now. It is time for the Ontario Provincial Police to cease their two-tiered application of the law and enforce the Rule of Law in an equitable unbiased manner. The Police need to open up barricaded roads and restore public order. It is time for the Governments of Ontario and Canada to fulfill their mandate of unbiased governance and represent ALL of the people in an equal manner. It is time for our Political Leaders to engage in this issue of lawlessness by requesting the Police to do their job as mandated in law.”