Important Notice to Purchasers of New Homes Located at McKenzie Meadows, 1535 McKenzie Road, Caledonia, Ontario, Canada
(updated July 8, 2021)
Developer Deposit Refunds
In July, 2021 the developers of new homes to be built on the McKenzie Meadows subdivision, 1535 McKenzie Road, Caledonia, Ontario, Canada began refunding deposits to purchasers who entered into an Agreement of Sale and Purchase.
The return of these deposits is a direct result of the OPP’s and Government of Ontario’s failure to enforce the rule of law preventing the permanent occupation of legally owned land by protestors and activists and thereby frustrating the development of the land.
This is the premise and basis of the Caledonia 2020 Class Action.
If you have already signed up to join the Caledonia 2020 Class Action the acceptance of these refunds will not affect your claim as we are unable to claim for deposits paid as these were made under private agreement with the developers of the subdivision. It is the intention of the Caledonia 2020 Class Action to claim for the loss of accrued valuation of your new build from the date you entered into an Agreement of Sale and Purchase with the developers to the time this class action is settled.
If you wish to pursue a private claim against the developers, namely Ballantry Homes and/or Losani Homes and/or Foxgate, please contact your personal lawyer for advice before signing a mutual release prior to receiving your deposit refund.
Sign Up To Join
If you entered into an Agreement for Sale and Purchase for a new build at McKenzie Meadows, 1535 McKenzie Road, Caledonia, Ontario, and have not yet completed the sign up to join registration form on this website, you are eligible to join this class action. Please complete and submit your class member application by clicking on the link “Sign Up to Join” at the top of this website.
We recognize that the occupation of 1535 McKenzie Road has resulted in a huge loss to purchasers of new homes. It is our intention to recoup expenditures and losses incurred by the inability to move into your new home at the amount you contracted to pay for it.
In many situations the loss of these new homes has created a situation whereby some purchasers will be unable to purchase an equivalent home due to the increase in property prices, building costs etc. We are sure that most of you have suffered a loss of $300,000 or more in terms of property appreciation. It is our intended goal to make all McKenzie Meadows purchasers whole. By this we mean that it is our intention to place purchasers of homes at McKenzie Meadows in the same position that they would have been in should the new homes have been built by the contracted for closing date.
Background to the McKenzie Meadows Dispute
On July 19, 2020 members of the Six Nations of the Grand River First Nations Reserve, aboriginal people, and activists occupied a 25-acre parcel of land in Caledonia, Haldimand County, Province of Ontario, located at 1535 McKenzie Road, Caledonia, Ontario known as McKenzie Meadows.
The owner in fee simple with absolute title to McKenzie Meadows was, on July 19, 2020, Foxgate, a corporation incorporated under the laws of the Province of Ontario. In 2017, Foxgate obtained plan approval to develop the land for 218 residential units.
From the Fall of 2018 to July 20, 2020 Foxgate partners’, Losani Homes and Ballantry Homes sold new homes pursuant to the approved plan of subdivision. A number of agreements were to have an initial closing date of November, 2020. By July 20, 2020, 176 Agreements of Sale and Purchase had been entered into wherein prospective purchasers paid deposits of $30,000 to $40,000 per agreement. To date no homes have been completed.
The Legal Team