Lutheran Church CEF
Representative Class Action

Higgerty Law has been engaged by the District Subcommittee to represent the interest of the Opt-In CEF District Depositors to pursue their Representative Actions sanctioned in the financial restructuring court proceedings for Lutheran Church – Canada, the Alberta British Columbia District.  We acknowledge the tragic and significant financial loss these Depositors have suffered allegedly caused by the wrongful acts and omissions of the Defendants in the Representative Actions. We are committed to seeking just compensation for these Depositors through the Representative Actions. This is very complex  legal process and will take time to resolve.  Please peruse this webpage for current information and periodic updates.

NOTICE OF PARTIAL CONDITIONAL SETTLEMENT (10/13/2022)

Higgerty Law Class Counsel for the CEF Representative Action Class Members, is pleased to advise that Mr. Justice Rooke ACJ, has approved the partial settlement with the Prince of Peace Lutheran Church of Calgary, and certification of the CEF Representative Action for the purpose of this settlement only, effective October 7, 2022.

The Court Order approving this partial settlement and certification is subject to a month appeal period which will expire on November 8, 2022. If no appeal is filed, Class Counsel expects to be able to disburse the funds to augment the litigation holdback referenced in the Approval Notice by mid-November 2022.

The Subcommittee’s intention is that any unexpended holdback funds at the conclusion of this Class Action would be subject to a final distribution amongst the District Depositors.

For further information, please refer to:

If you have questions about any matter related to this partial settlement or the Approval Notice, please contact the Notice Administrator or Class Counsel using their respective contact information below.

MNP Ltd. (Putative Notice Administrator)
Attention: Rick Anderson
1500, 640 – 5 Ave SW
Calgary, AB T2P 3G4
Tel: 403-538-3187
Email Address: ceflccsettlement@mnp.ca
For further information go to:  www.mnp.ca/ceflccsettlement

HIGGERTY LAW (Putative Class Counsel)
Suite 500, 438 11Ave SE
Calgary, AB T2G 0Y4 
Tel: 403-503-8888
Fax: 587-316-2260
Email:  CEF.Action@higgertylaw.ca

For further information go to: www.higgertylaw.ca

NOTICE OF PARTIAL CONDITIONAL SETTLEMENT (9/9/2022)

A Partial Settlement has been reached with one of the remaining Defendants in this Action, the Prince of Peace Lutheran Church of Calgary, subject to approval of this settlement, and partial certification of this proposed class action for the limited purpose of such approval, by the Court.

Please be advised that the net settlement funds to be paid under this Settlement Agreement are not substantial enough to warrant a feasible cash distribution amongst the large number of Class Members. That is the case even taking into account the net settlement funds from the previous settlement with the District and Encharis Defendants, including uncashed cheques from that distribution. Also, a significant portion of the net settlement funds from both settlements will be required to process and analyze enormous volumes of records from the District and Encharis Defendants for the purpose of the continuing litigation with the remaining Defendants.

Accordingly, if the settlement is approved, and subject to court approval, Class Members will not be paid a proportionate share of the Settlement Funds from the contemplated settlement at this stage in the litigation. The Subcommittee’s intention is that any unexpended holdback funds at the conclusion of this Class Action would be subject to a final distribution amongst the District Depositors.

Rather, the net Settlement Funds will be allocated to augment the existing litigation fund per the calculation outlined in the Hearing Notice attached below.

For more information on this settlement and the pending court hearing please refer to following Documents:

You may attend attend the settlement approval hearing as follows:

By video link:
https://albertacourts.webex.com/albertacourts/j.php?MTID=mf22a0b0d7e2d249993296db54b3477f1
(Webinar number:) 2498 349 5661

Enter webinar password: REID20221007 (73432022 from phones)

By phone: +1-780-851-3573 Canada Toll (Edmonton)

Enter access code: 249 834 95661

Note: If you are a non-lawyer attending this hearing remotely, you must complete the undertaking located here: https://www.albertacourts.ca/qb/resources/announcements/undertaking-and-agreement-for-non-lawyers

For more information relating to Webex protocols and procedures, please visit: https://www.albertacourts.ca/qb/court-operations-schedules/webex-remote-hearings-protocol

For further information you may contact:

MNP Ltd. (Putative Notice Administrator)
Attention: Rick Anderson
1500, 640 – 5 Ave SW
Calgary, AB T2P 3G4
Tel: 403-538-3187
Email Address: ceflccsettlement@mnp.ca
For further information go to:  www.mnp.ca/ceflccsettlement

HIGGERTY LAW (Putative Class Counsel)
Suite 500, 438 11Ave SE
Calgary, AB T2G 0Y4 
Tel: 403-503-8888
Fax: 587-316-2260
Email:  CEF.Action@higgertylaw.ca

For further information go to: www.higgertylaw.ca

 

NOTICE OF PARTIAL CONDITIONAL SETTLEMENT (11/25/2021)

Higgerty Law Class Counsel for the CEF Representative Action Class Members, is pleased to advise that Mr. Justice Rooke ACJ, has approved the partial settlement and certification of the CEF Representative Action, effective November 25, 2021. The Court Order approving this partial settlement and certification is subject to a month appeal period which will expire on December 26, 2021. If no appeal is filed, and subject to the further advice and direction of Madame Justice Romaine of the CCAA Court, Class Counsel expects to be able to disburse the funds to Class Members by mid-January 2022.

An Approval Notice will be sent to all CEF Representative Action Class Members by December 17, 2021.

For further information, please refer to:

If you have questions about any matter related to this partial settlement or the Approval Notice, please contact the Claims Administrator or Class Counsel using their respective contact information below.

MNP Ltd. (Putative Claims Administrator)
Attention: Rick Anderson
1500, 640 – 5 Ave SW
Calgary, AB T2P 3G4
Tel: 403-538-3187
Email Address: ceflccsettlement@mnp.ca
For further information go to:  www.mnp.ca/ceflccsettlement

HIGGERTY LAW (Putative Class Counsel)
Suite 500, 438 11Ave SE
Calgary, AB T2G 0Y4 
Tel: 403-503-8888
Fax: 587-316-2260
Email:  CEF.Action@higgertylaw.ca

For further information go to: www.higgertylaw.ca

 

NOTICE OF PARTIAL CONDITIONAL SETTLEMENT (10/18/2021)

A Partial Settlement has been reached with some of the Defendants, subject to approval of this settlement, and partial certification of this proposed class action for the limited purpose of such approval, by the Court

For more information on this settlement and the pending court hearing please refer to following Documents:

If you wish to virtually attend the hearing please go to the following video link:

https://albertacourts.webex.com/albertacourtsLj.php?MTID=m2e0323f5d81315bf50fe8a640af56b8f

Then enter the following password: Courts1125 (26878711 from phones)

To join by phone:
+1-780-851-3573 Canada Toll (Edmonton)
Access code: 248 449 14230

For further information you may contact:

MNP Ltd. (Putative Claims Administrator)
Attention: Rick Anderson
1500, 640 – 5 Ave SW
Calgary, AB T2P 3G4
Tel: 403-538-3187
Email Address: ceflccsettlement@mnp.ca
For further information go to:  www.mnp.ca/ceflccsettlement

HIGGERTY LAW (Putative Class Counsel)
Suite 500, 438 11Ave SE
Calgary, AB T2G 0Y4 
Tel: 403-503-8888
Fax: 587-316-2260
Email:  CEF.Action@higgertylaw.ca

For further information go to: www.higgertylaw.ca

 


 

Previous Updates

December 9, 2019

A third case management meeting occurred on December 5, 2019 at our initiation wherein most notably the Scheduling Order was signed by the Case Management Judge.

The following generally are the more immediate timelines under the Scheduling Order:

  • the process in relation to the Plaintiffs and the Plaintiffs’ forensic accounting expert on their sworn statements in support of certification of the Class Action should be completed by no later than July 30, 2020;
  • the Defendants will then have until November 22, 2020 to file and serve their sworn statements in opposition to Certification, unless extended by agreement or court order for up to an additional 60 days;
  • a similar process with similar timing in relation to the Defendant’s sworn statements will follow;
  • within 30 days of completion of the last of those steps, the Case Management Justice will be asked to schedule application(s) to conclude the Certification phase of this Action.

We will advise you further on the timelines in due course.

November 6, 2019

The second case management meeting happened on October 22, 2019, and we are currently working on finalizing the Scheduling Order.

September 17, 2019

The hearing by Alberta Securities Commission (the “ASC”) regarding certain allegations which are relevant to this Class Action against the Respondents:

    Lutheran Church–Canada, the Alberta-British Columbia District Lutheran Church–Canada, the Alberta-British Columbia District Investments Ltd. Donald Robert Schiemann Kurtis Francis Robinson James Theodore Kentel Mark David Ruf Harold Carl Schmidt

has been resolved by a Settlement Agreement and Undertaking between the ASC and the Respondents.

The Settlement Agreement and Undertaking is helpful for the CEF class action as it contains:

  • an agreed statement of facts as to what transpired,
  • admissions of breaches by the respondents of Alberta Securities Law,
  • circumstances relevant to the Settlement,
  • agreement by the individual Respondents to each make payments to the Monitor in the CCAA Proceedings for distribution to CEF and DIL Depositors as directed by the Court, and
  • permanent undertakings of each Respondent not to participate in various aspects dealing with securities.

A copy of the Settlement Agreement and Undertaking can be found by clicking here.

August 7, 2019

We have filed with the Court and served the materials on the Defendant’s Counsel for the hearing to apply for certification of the Lutheran-CEF Alberta Class Action at the end of July 2019. A case management meeting for the currently proposed Class Action has been scheduled for October 22, 2019 with the Case Management Justice to address coordinating and scheduling the steps leading up to and including the certification hearing. After that meeting, we will post a further update.

April 26, 2019

The First Case Management Meeting was held on March 19th, 2019 before Associate Chief Justice  J.D. Rooke who will be the Case Management Judge for both the CEF Class Action and the DIL Class Action until further notice. Various administrative matters and protocols were addressed, and a June 30, 2019 target was set for our submission to the court of materials to apply for Certification of the Class Action. Working on the prospect of settlement was also encouraged by Justice  J.D. Rooke. Due to the sensitive stage we are presently in, we are not in a position to share any further information, at least until the Certification Materials are submitted.

March 15, 2019

The first case management meeting will be held at the Calgary Court House at 2:00 pm on March 19, 2019.

April 23, 2018

The District brought an application on March 8th, 2018 to seek court approval for the sale of a Parsonage lot located in the POP Village and to approve a settlement between the POP Church and School and the District. There were no objections to the either the sale of the Parsonage lot nor the settlement agreement and The Court granted an order approving both transactions.

January 28, 2018

Court appearance has been scheduled in the CCAA Proceedings for March 8th 2018 to determine the status of the Derivative Actions.