Lutheran Church Representative Actions
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.
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.
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