Heather Wright/The Independent

Classic car collectors caught up in a complex investigation of the theft of classics from a Watford car dealer will get their day in court.

Twenty-four classic car collectors and two companies who purchased classic cars only to have them seized by OPP will be able to argue their case to reclaim the vehicles in a civil trial in London.

In late 2023, Larry Grogan of Grogan Classics alerted Lambton OPP about missing classic cars. May 14, the OPP searched a garage in Stirling, north of Belleville. Police found 16 of Grogan’s cars worth about $3 million at the time. Four people are facing multiple charges in the case which has led to the OPP and police in Quebec and BC seizing dozens of vehicles involved and returning at least 44 of them to the Watford dealer.

Grogan now wants to sell those cars, however court documents show Service Ontario won’t reissue ownership papers to Grogan Classics without a court order. 

So, in October, Grogan filed a civil suit against Service Ontario asking the court to force Service Ontario to reissue ownerships for up to 44 vehicles caught up in the investigation but now in Grogan’s possession.

But Lawyer Cherif Saleh, lawyer for the 26 classic car owners who purchased the vehicles from one of the people accused of theft, went to court March 21 saying his clients should have a say in the case. Saleh says if an order is given to produce new ownerships, his clients would lose all their rights to the vehicle they unknowingly bought.

Justice Spencer Nicholson agreed saying “Grogan Classics, although eager to move this matter to its conclusion, understands and does not contest their ability to participate, only that they do so in accordance with the rules,” he wrote in court documents reviewed by The Independent.

In the court documents, Saleh also questioned why the cars, which are part of a criminal case, have been returned to the Watford dealer by OPP.

Saleh says there is a court process under section 490 of the Criminal Code of Canada which allows police to return stolen goods to their owners, but it wasn’t followed. 

“The OPP has arbitrarily and capriciously delivered possession of the (vehicles) to Grogan without judicial authority and contrary to law.

Furthermore, there has been not judicial oversight of such possession,” he writes in a case memorandum. 

“Our courts operate in an open and notorious manner. Appropriate notice must be given not only to (the classic car owners he represents), but to all owners, potential owners, claimants and potential claimants who have, or may have an ownership interest in the vehicles that are part of Grogan’s application so that this court is able to mete out justice justly and impartially to all. 

“Failure to give such proper notice is an anathema to a free and democratic society and to an open and notorious court system.”

Paul Downs, the lawyer for Grogan Classics, in his filings said Sale of Goods Act says a thief cannot legally sell stolen goods and therefore Saleh’s clients were never the true owners.

Downs didn’t oppose adding the classic car owners to the case at the March 21 hearing.

When the case returns to court, Saleh will be looking for more. 

Saleh contends that since the Ministry of Transportation, which runs Service Ontario, and Grogans have access to all the ownerships, the people who purchased the stolen cars should have been notified of the court proceeding. The lawyer is asking Justice Nicholson to compel both Grogan Classics and the MTO to inform all the owners of what is going on.

“Neither the MTO nor Grogan have taken any steps to give fair notice to anyone potentially affected by Grogan’s Application,” Saleh writes in his submission.

Justice Nicholson said three ‘John Does’ should be added to the hearing as well, in case more owners come forward with the same claim.

Saleh also wants the court to return the stolen vehicles to “an intermediary taking care to ensure that they are preserved until the conclusion of any investigation and the final determination of this court as to the proper owners of the (vehicles).”

Saleh says because the vehicles are still in the classic car owners’ names, they could be held liable if the vehicles were involved in fires or accidents while in Grogan’s possession.

The arguments return to court in June.