CEF: Higgerty Law Statement of Claim Section L – PROPOSED CLASS

This article is part of the series from the Higgerty Law statement of claim. You can read what a statement of claim and a Quistclose Trust is in the first article in this series.

This section of the representative action describes the various “classes” or groups of people that have been affected by the CEF implosion.

Please note that these are allegations only and this case has not been adjudicated in a court of law. As always, if you have any legal questions or need legal advice please consult appropriate legal counsel.


From Higgerty Law Statement of Claim

145. This is a proposed class proceeding on behalf of the Plaintiffs and all depositors in the Lutheran Church – Canada, Alberta and British Columbia District’s Church Extension Fund on January 2, 2015 on behalf of the following putative Classes and Sub-classes:

a. The “Alberta Lutheran Class” consisting of:

(i) persons resident in Alberta, and the estates of such persons, who are (or were, prior to their death), members of a congregation of the Lutheran Church Canada;
(ii) corporations and societies incorporated under the laws of Alberta and controlled by persons who are members of a congregation of the Lutheran Church Canada, or controlled by congregations or other institutions based in Alberta which are affiliated with the Lutheran-Church Canada;
(iii) sole proprietorships or partnerships carrying on business in Alberta which are owned or controlled by members of a congregation of the Lutheran Church-Canada; and
(iv) congregations and other institutions based in Alberta which are affiliated with the Lutheran-Church Canada.

b. The “Extra-Provincial Lutheran Class” consisting of:

(i) persons resident outside of Alberta, and the estates of such persons, who are (or were, prior to their death), members of a congregation of the Lutheran Church Canada;
(ii) corporations and societies incorporated under the laws of jurisdictions other than Alberta and controlled by members of a congregation of the Lutheran Church Canada, or controlled by congregations or other institutions based in Alberta which are affiliated with the Lutheran-Church Canada;
(iii) sole proprietorships or partnerships carrying on business outside of Alberta which are owned or controlled by a member of a congregation of the Lutheran-Church Canada; and
(iv) congregations and other institutions based outside of Alberta which are affiliated with the Lutheran-Church Canada.

c. The “Alberta Non-Lutheran Sub-class” consisting of:

(i) persons resident in Alberta, and the estates of such persons, who were not members of a congregation of the Lutheran-Church Canada;
(ii) corporations and societies incorporated under the laws of Alberta which are controlled by persons who were not members of a congregation of the Lutheran Church Canada; and
(iii) sole proprietorships or partnerships carrying on business in Alberta which are not owned or controlled by members of a congregation of the Lutheran Church Canada; and
(iv) any other depositor resident in or carrying on business in Alberta.

d. The “Extra-Provincial Non-Lutheran Class” consisting of:

(i) persons resident outside of Alberta, and the estates of such persons, who were not members of a congregation of the Lutheran-Church Canada;
(ii) corporations and societies incorporated under the laws of jurisdictions other than Alberta which are controlled by persons who were not members of a congregation of the Lutheran-Church Canada;
(iii) sole proprietorships or partnerships carrying on business outside of Alberta which are not owned or controlled by members of a congregation of the Lutheran Church – Canada.
(iv) any other depositor resident or carrying on business outside of Alberta. but excluding all members of the putative Classes or Sub-classes who submitted no later than December 15, 2016 an opt-out form in the manner prescribed by the District Sanction Order filed August 5, 2016 in Alberta Court of Queen’s Bench Action No. 1501-00955.

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