National Post

Lawyer for Caledonia settlement charged

- Michelle McQuigge

A lawyer who oversaw a successful class-action lawsuit connected to a major land claim dispute in Ontario has been accused of misappropr­iating millions of dollars from the settlement.

Hamilton police say John Wallace Findlay turned himself in to the Law Society of Ontario more than a year ago after allegedly spending the reserve funds from the 2011 class-action filed by residents and businesses involved in the yearslong dispute near Caledonia, Ont.

The Law Society did not immediatel­y respond to request for comment, but police allege Findlay took roughly $2.2 million.

Police say they arrested the 64-year-old lawyer on Wednesday and charged him with criminal breach of trust, fraud over $5,000 and theft over $5,000.

Findlay was released on bail and is slated to appear in court later this month.

He represente­d the more than 800 plaintiffs in the class-action suit and was responsibl­e for overseeing the

POLICE ALLEGE FINDLAY TOOK ROUGHLY $2.2 MILLION.

dispersal of the $20-million settlement reached with the Ontario government in 2011.

In February 2006, members of the Six Nations reserve near Caledonia began a blockade of a nearby residentia­l developmen­t called the Douglas Creek Estates, arguing the land rightfully belonged to them.

The protest sparked a bitter standoff that at times flared into violence, injuries and property damage.

It also became a point of political contention, with the opposition accusing the Liberal government of mishandlin­g the situation and the province arguing the federal government was partly responsibl­e.

Some homeowners and businesses near the site complained that provincial police weren’t enforcing the law with Six Nations demonstrat­ors but were heavyhande­d with Caledonia residents and their supporters.

At one point, provincial police moved in on the protesters but were forced to withdraw.

The class-action was filed on behalf of about 440 residents, 400 businesses and some subcontrac­tors, all of whom claimed the ongoing protests caused them significan­t inconvenie­nce or even financial hardship.

When the suit was settled in 2011, proceeds were to be divided among residents and business owners who suffered direct losses as a result of the protests.

Hamilton police say Findlay’s alleged misappropr­iation took place after at least one round of payments.

They allege the money he took was from reserve funds left over in 2013.

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