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$20M settlement in Caledonia class action

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(Updated) The province is giving $20 million in compensation for losses suffered during the 5 year old land claims protest in Caledonia.


The settlement was reached today inside a Hamilton court.
The province will pay $20 million dollars to about 400 businesses, and 440 homeowners, who suffered losses during the land claims protest.
The class action lawsuit was filed in June, 2006. The protest began in February of that year, when a small group from Six Nations occupied the Douglas Creek Estates construction site in Caledonia.
The Ontario government and OPP came under intense criticism for the way they handled the situation, after many locals complained of lawlessness and harassment.
John Findlay, the lawyer who filed the class action suit says he’s happy with the outcome.
“I’m glad it’s over I think it’s a good result; I am pleased that people are finally going to be compensated; it shows that class proceedings can work in Ontario and that there can be some accountability for what happened.”
“It’s still hard to prosecute class actions in Canada. You are still subject to having fairly substantial costs against you and theres high risks involved in taking the case on and sometimes my wife and I wondered whether it was worth doing. In the end we are glad to see that there was a result and we think that we have been adequately compensated for it.”
Findlay will receive a $3 million cut of the $20 million. In court Friday, the judge said he didn’t approve of such a high fee but that was already agreed upon — adding Findlay took on the difficult case when no one else would.

Attorney General Chris Bentley says he hopes the settlement will help residents of Caledonia move forward.
“We’re working as actively as we can, we’re being as creative as we can, trying to find ways to bring the parties together.”
“We need the federal government to be as active as they can be, and be as creative as we can be in helping all find a resolution to this claim, which after all is a couple of centuries in the making.”

The amount each person or business will get still has to be worked out.
It will be distributed according to a government formula based on their losses each party has suffered.
According to figures from Ontario’s Aboriginal Affairs Ministry, the province has spent:

  • -$46.2 million on policing
  • -$6.9 million towards the builders and developers of the Douglas Creek Estates
  • -$3.85 million for a ministry office in Brantford

When you include Friday’s $20 million settlement, the total so far is $87 million.
CHCH News also asked the opposition about this, and the Progressive Conservatives say when you’re talking about the cost of Caledonia you have to look at the bigger picture: like lost opportunities when it comes to companies moving there, homes being built there, and the social and psychological stress the residents dealt with and continue to deal with.
The party also believes the policing costs are being grossly under estimated.
Some residents who live beside the disputed land say they still fear for their safety.
Two Caledonia residents who were part of the Class Action say they were after more than money.
Anne-Marie Vansickle: “The $20 million they announced can never make up for everything that we went through in this neighbourhood, and especially over on Sixth Line.”
“To put it in some sort of perspective for people, $20 million for my property is like $10,000 when it’s all broken down, and they could have saved themselves and the people of Ontario $20 million by apologizing because that’s really what we wanted.”
Craig Grice, who represents Caledonia on Haldimand County council: “$20 million or $100 million is not going to change the facts of what has happened and what continues to happen today.”
“With the occupation of the DCE, what we need is a resolution, and not money simply thrown at a problem that should be settled, so that residents can move on and the community move forward.”

Video: Evening News team coverage:

From the web: The National Post’s Christie Blatchford: Settlement reached in Caledonia class action suit
Link: Caledonia class action suit website