Caledonia Class Action lawyer announces $500,000,000 suit vs. province & feds over illegal native smokes

Caledonia lawyer John Findlay, author of the Caledonia Class Action lawsuit which was certified for trial earlier this year has now filed, on behalf of tobacco growers, statements of claim against both the federal and provincial governments seeking $500,000,000 in damages due to their collective failure to enforce tobacco laws against illegal native cigarettes.

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Mr. Findlay issued the following news release advising that he will be holding a news conference in the Queen’s Park Media Studio today at 12:15:


Barristers & Solicitors



 November 1, 2010

BURLINGTON –  Findlay McCarthy LLP and McDonald/Ross will hold a press conference at the Queen’s Park media room at 12:15 pm to announce that, on October 29, 2010, they commenced a class proceeding in the Federal Court of Canada on behalf of tobacco producers who have suffered financial losses [as] a result of the failure on the part of the Canadian government to enforce the provisions of the Excise Act, 2001 and the Excise Tax Act which regulates the production and taxation of tobacco products.

The plaintiffs had previously commenced a class proceeding in the Ontario Superior Court of Justice against both the provincial government and the federal government and will continue this action against the provincial government.  The claim against the provincial government is for its failure to enforce the provisions of the Tobacco Tax Act and the Retail Sales Tax Act.

The services of Findlay McCarthy LLP and McDonald/Ross have been retained by Weninger Farms Ltd., which operates a farm in Oxford County, and Stanley and Linda Koscik, who operate a farm in Elgin County, on behalf of themselves and all tobacco producers throughout Canada.  The action has been supported by the New Tobacco Alliance Committee (“NTAC”) which has been formed to advance the claims of tobacco farmers and draw public attention to the failure on the part of both levels of government to stop the sale of illegal tobacco products in Canada. 

A website ( has been established to keep the public and potential class members informed of the progress of the action.  A copy of both the Federal Court action and the Ontario Superior Court action will be available on the website as well as any further developments in the actions.

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For Media inquiries contact:
John W. Findlay, Findlay McCarthy LLP (905) 869-9726
For Other inquiries or for a copy of the claim:
Access the Web site at


The Documents

  • Findlay McCarthy LLP, Nov 01/10: News Release
  • Federal Court of Canada, Statement of Claim, Oct 29/10: WENINGER FARMS LTD., STANLEY KOSCIK & LINDA KOSCIK vs. ATTORNEY GENERAL OF CANADA [PDF, 10p]
  • Ontario Superior Court of Justice, Oct 02/10: WENINGER FARMS LTD., STANLEY KOSCIK & LINDA KOSCIK vs. Her Majesty the Queen in Right of Canada as represented by the MINISTER OF NATIONAL REVENUE and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTER OF FINANCE [PDF, 20p]
  • Tobacco Justice Class Action website:

VoC Comment

Sleazy illegal smokeshacks are a blight on the landscape in Caledonia, and have been the site of violence and threats against residents and police. CANACE co-founder Jeff Parkinson recently conducted an in-depth interview with Caledonia resident Ernie Palmer to hear his shocking story of how Steve Powless set up an illegal smokeshack on his property without permission, and how he was abandoned by the OPP and targeted for by-law infractions by Haldimand County.

Unbelievably, members of CUPE have actually demonstrated in support of the right of native gangsters to sell illegal smokes to Caledonia’s children – using their own children!

Bravo to John Findlay, the Kosciks and NTAC for taking/supporting this aggressive, long-overdue legal action. See links below.


Illegal smokeshacks

Note: John Findlay also represents Gary McHale and Mark Vandermaas in several Caledonia-related actions.

Mark Vandermaas, Editor

2 responses to “Caledonia Class Action lawyer announces $500,000,000 suit vs. province & feds over illegal native smokes

  1. Larry Middleton

    This has been a ongoing problem with natives all across Canada. Selling contraband cigarettes from reserves outside reserves by most bands. Another problem with natives is welfare scam. Natives from reserves set-up phony addresses in towns and cities and then collect their cheques. Apartment complexes with large numbers of natives allow reserve natives to set-up accounts with numerous cheques going to single addresses, and welfare does nothing about this problem. A postal employee told me when he was delivering cheques to my building, a few years ago, stated that he made his superiors aware of the problem, but was told to mind his own business.

    VoC REPLY:Since I am a target for those who use every excuse to paint me as a racist, I have to make clear to readers my belief that welfare scams aren’t limited to any one race. Mark

  2. I notice the claim is based upon an uncorroborated charge of “malfeasance in a public office”. Large potential consequences there should someone make a formal complaint. Criminal investigation probable?

    VoC REPLY: Memory is a little hazy on this, but I seem to recall an issue w/Caledonia Class Action wherein the claim did NOT make an allegation of misfeasance, and the Ont gov’t argued the claim was invalid. Fortunately, the judge ruled that it was inferred by the nature of the complaint. If you compare the Caledonia Class Action to the Brown-Chatwell claims, you’ll see the BC one does have the allegation. Mark