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Lutheran Church – Canada, The Alberta – British Columbia District Investments Ltd.

CLASS PROCEEDINGS (BRITISH COLUMBIA AND ALBERTA)

Pursuant to the terms of the Amended Amended Plan of Compromise and Arrangement of the Lutheran Church – Canada, the Alberta-British Columbia District Investments Ltd. (“DIL”) dated January 11, 2016 and the DIL Subcommittee Order made on August 2, 2016 in the CCAA Proceedings, Sugden McFee & Roos LLP has been retained by the DIL Creditors’ Subcommittee to act as Representative Counsel on behalf of the DIL depositors who have suffered financial damages and losses arising from the insolvency of DIL.

Sugden McFee & Roos LLP has filed proposed class proceedings on behalf of the DIL depositors in both Alberta and British Columbia. Please click on the links below to read the Notice of Civil Claim filed in B.C. on December 20, 2016, and the Statement of Claim filed in Alberta on December 20, 2016.

February 24, 2017: ABC District Board of Directors Disbands the ABC District Review Committee Due to Ongoing Representative Action

Notice of Civil Claim Filed December 20, 2016

Statement of Claim – Filed Dec 20 2016

By order of the Alberta Court of Queen’s Bench made on January 23, 2015, these proposed class proceedings actions are stayed (suspended) until the CCAA proceedings have been concluded by the filing of the Monitor’s Certificates. We will update this webpage when we are advised by the Monitor that this has occurred.

Update:  October 25, 2017

By Order of Madame Justice Romaine made in the CCAA Proceedings on October 25, 2017, the stay (suspension) of the proposed class proceedings has been lifted and the proceedings may continue.

Update:  October 15, 2021
re:  Partial Settlement of the DIL Representative Action

The DIL Creditors’ Subcommittee, including the proposed Representative Plaintiffs in the proposed class proceedings (aka the “DIL Representative Actions”), have entered into an agreement to settle the claims of the Representative Class members against certain defendants.  The settlement is subject to court approval, which will be sought in a hearing before Mr. Justice Rooke, ACJ of the Alberta Court of Queen’s Bench in Calgary, AB on November 25, 2021 at 10:00 am MT/9:00 am PST.

For more information about the settlement, to view settlement documents, and for Representative Class Members to access the Portal where confidential information about the settlement is shared, click here.

If you wish to attend the settlement approval hearing, you may do so by clicking on the virtual courtroom link below and entering the passcode Courts1125 (26878722 from cellphones). The “event number” is 2482 491 4230.

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

Update:  November 25, 2021

The partial settlement and certification hearing which commenced on November 25, 2021 has been adjourned to December 8, 2021.  Please check back on this page for further updates.

Update:  December 7, 2021

The Plaintiff’s application for approval of the partial settlement of the DIL Representative Action will continue on December 8, 2021 before Mr.Justice Rooke of the Alberta Court of Queen’s Bench.  Those wishing to attend the hearing by videoconference may do so by clicking on the link below. The hearing will commence at 9:00 am PST/10:00 am MT. If you plan to attend, please log in at least 15 minutes prior to the scheduled start time. Recording or rebroadcasting of the hearing is not permitted.

https://albertacourts.webex.com/meet/virtual.courtroom89

Update: December 8, 2021

NOTICE OF PARTIAL SETTLEMENT APPROVAL

A Partial Settlement has been approved by the Court

Sugden McFee & Roos LLP, Class Counsel for the DIL Representative Action Class Members, is pleased to advise that Mr. Justice Rooke ACJ pf the Alberta Court of Queen’s Bench has approved the partial settlement and certification of the DIL Representative Action, effective November 25, 2021. The court order approving the partial settlement and certification is subject to a one month appeal period which will expire on December 26, 2021. If no appeal is filed, and subject to the advice and direction of Madame Justice Romaine of the CCAA Court, Class Counsel expects to be able to begin disbursing the settlement funds to Class Members by mid-January 2022. Please check back on this website on or after January 7, 2022 for further updates.

An Approval Notice will be sent to all DIL Representative Action Class Members by mail on December 17, 2021. The Notice includes a DIL Representative Action Settlement Funds Payment Election Form. If you have questions about the Form, or any other matter related to the partial settlement or the Approval Notice, please contact Class Counsel at [email protected] or the Settlement Administrator at [email protected].

For further information about the partial settlement, please refer to the Order for Approval and Certification for Partial Settlement, and the Approval Notice.

Questions and Answers about the Proposed Settlement

Question:

Why did I receive a Hearing Notice and an Amended Hearing Notice from the Claims Administrator?

Answer:

The Hearing Notice document originally mailed out to Class Members incorporated incorrect information relating to the proposed estimated payment that you will receive if the Court approves the Settlement on November 25, 2021 (your “Estimated Settlement Share”). The Hearing Notice was in all other respects correct and accurate.

The Amended Hearing Notice that you have subsequently received contains your correct Estimated Settlement Share. All of the other information in the Amended Hearing Notice is the same as in the original Hearing Notice document. There has been no reduction in your Estimated Settlement Share that was intended to be included in the Hearing Notice. The amount of your Estimated Settlement Share is correctly expressed in the Amended Hearing Notice. There has been no increase in costs to the Representative Action Class Members as a result of this error.

For information about the LCC – DIL Representative Action and Settlement Update, click here

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