CBI Lakehouse

This is the specific page for the CBI Lakehouse Class Action. Check back to this page frequently for updates.

UPDATE APRIL 10, 2017

 We do not provide T5’s, or documents you need for income tax related to any shares you held in any CBI corporations.  We didn’t issue the CBI shares, have no control over them, we didn’t zero them for value and so we cannot help you with that part.  Please direct all your inquiries to Olympia Trust if you held shares with them that were zeroed.  Or alternatively, speak to your accountant.  We post  this as many people continue to contact us asking for these documents.  We have said this a variety of times, so we hope everyone understands that we have just settled your lawsuit and have settlement proceeds.  Currently, your settlement proceeds are an interest in land, and you will get a payout of cash, via cheque, when the land sells.  That is distinct from your investment vehicle documents.  Please do not contact us to clarify this further, as we cannot.  Again, any information you need will come from your accountant and if the accountant needs anything, they can contact CBI about the original investment.   We thank you for your patience.

UPDATE NOVEMBER 30, 2016

We have title to this property, currently held in the name of a settlement corporation.  The property is currently listed for sale.  The participating investor class will be receiving updates via email.  We are only updating via email.  We ask for your patience, as all future progress in this matter is confidential and will be sent via email.

 

UPDATE: May 2nd, 2016

We are pleased to announce the litigation involving the Lakehouse project has been successfully resolved.  The plaintiff class of investors has been verified and we have them incorporated into the new settlement corporation as shareholders.  Confidential information related to this settlement will be sent to the shareholder class, which will occur in the next several weeks.  We ask for your patience as we need to put together the options for shareholders, who will decide what to do.  Please look for updates on this webpage, but also expect to be contacted in the near future when we call a shareholder meeting.  We will be sending that notification out by email. 

Due to the volume of calls and number of investors, we ask that you do not call our offices for updates on when the meeting will be called.  You will be notified in writing when it is called if you are a class participant.  If you received the notice of settlement approval in 2015, then you will receive the notice.  Again, and to be clear, the notice will be sent out by email and it will also be put on our website.

We received everyone’s contact information from the CBI Group and sent a notification out to the mail and e-mail addresses for everyone the CBI Group identified as being an investor in the Lakehouse project.  If for any reason you did not receive the notice of settlement approval originally, it is likely due to the contact information which was provided to us being out of date at the time we received it.  If you never received any prior letter or notice, but you are an investor in the Lakehouse project, you can send us your proof of ownership and updated contact information, by email, to info@mnllp.ca so that we may update our investor records.  We will not reply to confirm that we received your email, but we will update all records for all investors that were verified to be class participants.  We thank you for your patience and look forward to assisting you in crystallizing some value from this investment for you.

 

UPDATE: March 8th, 2016

We are pleased to report to investors that we have started to populate the Lakehouse Settlement Corporation with shareholders.  We have a few people for whom we have questions and so you may receive an email or phone call from us. 

For those investors who invested through Olympia Trust as an RRSP eligible investment, please note that your shares in the Settlement Corporation will not be in an RRSP. Class Members’ investment in the CBI Lakehouse investment was lost. We are issuing new shares in a new corporation based on your investment in the CBI Lakehouse investment pursuant to a court approved settlement. It is therefore not a “transfer” of your investment. 

With respect to the ultimate dealing with the Lakehouse property, you will be informed of available options and shareholders will have the opportunity to determine the best way to move forward. 

We are also currently scheduled to be in court on March 22nd, 2016, to seek an Order requiring the Lakehouse property be delivered to investors at $5,100,000.00 as the purchase price, as the property was sold to investors for an acquisition cost of $2,200,000.00 and investors also paid an assignment fee of $2,900,000.00 for that right to buy the property at the option price.  That determination by the court will be important in setting our cost base, going forward, so we can try to avoid having to pay capital gains taxes on the eventual sale of the Lakehouse Property.  The defendants wanted to sell the property for $1.00, which would impact the taxes to be paid by class members. We are attempting to protect the class members and look forward to setting notice of a meeting once the title transfer issues are sorted out.

We appreciate that the settlement has taken some time, but it has been necessary to protect your interests. We will be providing additional updates in the coming weeks.

 

UPDATE: January 20th, 2016

We have now obtained access to the minute books for Lake House Capital Ltd. and Lakehouse Investments Ltd. in order to verify shareholder records. This is an ongoing process and is critical to ensure that investors’ contributions will be properly reflected in the new settlement corporation.

We are also working with litigation counsel for the defendants to finally get title transferred to the settlement corporation. That is an ongoing process and we do not yet have an explanation for the delay by the Defendants on completing that step. Title will be transferred to the new corporation free of all financial encumbrances, except for an $85,000 charge owed to the architect. 

We continue to receive emails asking us if the shares of the new corporation will be held at Olympia trust or inquiring about Olympia trust accounts.  Please note that this action and settlement is not related to Olympia trust.  If you have questions related to Olympia Trust, please deal with your accountant or a tax professional to make decisions about whether or not to close that account.

To be clear, new shares will be issued from the settlement corporation to participating investors.  We are advised by the Defendants’ legal counsel that we will get access to the shareholder register to complete that clean up so we can finally issue shares.

We ask for investors’ patience while we work through the records to ensure everyone’s interest is properly reflected in the new settlement corporation, and to ensure that no excluded parties are included in the settlement.

 

UPDATE: January 5th, 2016:

We are in the process of transferring over the Lakehouse property to the settlement corporation. We are also in the process of confirming each investor’s investment in the Lakehouse corporations so that we may properly transfer your interest to the settlement corporation. We are doing this by reviewing the original minute books of the Lakehouse corporations and cross-referencing this with the information that class members have provided to us. As many investors have only provided partial information with respect to their investments, we have to be thorough to ensure that class members’ investments are properly reflected in the new corporation.

To be clear, while we refer to “transferring” the class member’s interest, in reality we are issuing new shares of a new corporation to class members based on their investment. For example, if a class member invested $30,000, they will receive $30,000 shares valued at one (1) dollar per share.

For those class members who invested through Olympia Trust, we have heard from several of you that you have received letters from Olympia Trust stating that your investment within your RRSP is now worth $0.00. Unfortunately, as we are not “transferring” your shares but rather issuing shares of a new corporation, we are unable to keep the registered status of your investment with the CBI Lakehouse project. While there may be methods to keep the registered status of your investment, this is outside the scope of our involvement in the class action. We recommend discussing this matter with a tax professional to consider your options.

 

UPDATE: September 28th, 2015:

CBI Lakehouse Settlement FAQ

We have received multiple e-mails and phone calls from investors with respect to the settlement. Please note that due to the volume of calls and e-mails we receive, we cannot answer individual questions about the settlement. We have reviewed the questions that investors have sent us, and we have found some common themes. We have provided our response to these questions below:

1. What is the settlement exactly?

The settlement is the recovery of the Lakehouse property at Sylvan Lake, free and clear of all encumbrances except for an architectural charge in the amount of $85,000.00.

Investors who do not Opt-Out will have their investment converted into voting shares of a new company which will be the owner of the Property. The Investors themselves will “own” the company as they are the voting shareholders.

This is different from what investors currently have. The investors do not have any direct ownership interest in the Lakehouse property at this moment. The property, and the mortgage on title, is held by CBI Group companies, not the investors. The difference now post-settlement is that the CBI Group will be removed completely from the ownership and management of the Lakehouse property, and will have control over how to proceed.

Share ownership in the new company will be “pro-rata”, so that your shares will reflect your investment. For example, an investor who invested $100,000 will have ten times as many shares as an investor who invested $10,000.00. Their voting rights and voting power will reflect their share ownership.

Additionally, and importantly, the defendants are excluded parties, so none of their shares or shares of their relatives, will be participating in what happens next with this property.

2. Why should I agree to this?

Investors have the right to Opt-Out if they so choose. However, if you do so you are not entitled to share in the settlement proceeds.

The effect of Opting-Out will be that investors can carry on their own legal action if they so choose. However, the likelihood of recovery through ongoing litigation is minimal, as the investors who did not Opt-Out will be in control of the only real asset: the Lakehouse property.

3. Why am I only hearing about this now post-settlement? Why was I not notified previously?

Prior to the settlement approval, we did not have the investor lists. We were only aware of the investors who reached out to contact us and help fund the initial litigation. The Defendants were in control of the lists and were responsible for contacting investors about the Notice of Settlement Approval Hearing.

We are now in possession of the investor lists and are contacting investors via e-mail. If you have not been contacted, the forms can be downloaded HERE or at the “Information Forms” section to the left of this page.

4. Why am I not getting any notifications when other investors are?

The investor lists contain the addresses and e-mails of investors at the time of their investment. If your address and e-mail address has been changed then we are unable to contact you. Please contact us via e-mail and we will re-send the form to you. Alternatively you can download the forms HERE or at the “Information Forms” section to the left of this page.

We are updating investor information when you provide the same to us so we can contact you for future updates.

5. Are you going to re-develop the property or sell it?

That decision will be made by the investors, not the law firm. We will be holding an investors’ meeting in late 2015 / early 2016 where investors will be able to decide and vote on whether they wish to sell or develop the property. We have arranged for commercial realtors and developers to make presentations to the investors so that they can make an informed decision. The investors will make an informed choice on what to do next. If it is to sell, the property will be listed and sold and proceeds split out on a pro rata basis. If it is to develop, there will be a management team that will include investor representation, and that will proceed with a developer. We are not making that decision for you.

6. What will be the payout / return on investment to investors?

This is completely dependent on whether investors choose to develop or sell the property. We cannot speculate on what investors’ return might look like. At the time of the meeting, we urge you to attend so you can ask your own questions of the commercial realtors and the developer.

7. I invested through Olympia Trust as an RSP investment. Are you aware of my investment?

Regardless of whether investors invested through Olympia Trust or directly with the CBI Group, we have your contact information. For the purposes of settlement, this makes no difference.

8. I received T5 slips / other tax slips for this investment, but have not received any actual investment income. How do I address this with the CRA?

Unfortunately we cannot answer any questions related to the tax aspects of this matter, as we are solely dealing with the litigation and settlement. We recommend seeking the advice of a tax professional for any tax issues arising.

 

UPDATE: September 10th, 2015:

LAKEHOUSE SETTLEMENT CERTIFIED

Kevin McGuigan is pleased to announce that on September 9, 2015, Justice Macleod approved and certified the settlement of this action.  It has been settled on the terms previously presented to investors.  Investors had opportunity to review it following its publication and direction to investors to review it after the June 2nd, 2015 case management conference.

We received overwhelming support for this resolution and the only objection to resolution focussed on the frustration that the Cadmans were not being punished here.  As we have clarified previously, civil litigation is not about punishment. We are focussed on maximizing a return for investors.  With regard to the Lakehouse project, investors can expect that we will be in contact with them in the next several weeks.

Investors will now be provided with a “Notice of Settlement Approval”, which will be sent out to investors. If you do not wish to be part of the settlement, you have an option to Opt-Out, which must be sent to us by no later than October 23rd, 2015. If you Opt-Out of the settlement, you will not be entitled to share in the settlement proceeds, and will have to bring your own distinct court action for recovery in the Lakehouse Project.

If you do not Opt-Out, you are automatically part of the settlement. However, we are asking investors to provide us with details of the amount and proof of their investment in the Claim Form included in the Notice of Settlement Approval, which we will need in order to set up the settlement. We are asking for this information by no later than October 23rd, 2015, so that we can move quickly on the settlement.  Please do not phone us to give us this information.  Please either print out the form and fill it in and either scan it back to us, or mail it to us.  Or send us an email with the information in it.  We need you to complete the information for us to track you and if you phone us, mistakes can be made.

What will happen next is that we will take over the Lakehouse Property, with the property being transferred to a new corporation created by us. The Defendants will pay off the outstanding property taxes and the encumbrances will be taken off of title to the Lakehouse Property, with the exception of an architectural charge, which we have separately dealt with.  To be clear, we will end up with the property without encumbrances that would scare off either development or sale of the property.  Investors may recall that the property was previously listed for sale for $1 million with no offers.  However, that was at a time that the property had a mortgage for over $8 million on it.  We have cleaned this asset up for investors so that they can proceed with deciding what to do next.

Investors’ contribution to the Lakehouse Project initially will be reflected in pro-rata share ownership in the new company, which is why we are asking for investors who do not Opt-Out to provide us with the Investor Participation Form, so we know exactly what your initial contribution was. None of the Defendants or their family members will be involved in this resolution.  When we take over this project, we will be reviewing the share certificates and minute book to verify everyone’s shareholder participation.

When the company is set up and share ownership established, we will be holding a meeting of shareholders. At this meeting, the investors will be presented with two proposals regarding the future of the Lakehouse Property. One proposal will involve putting the Lakehouse Property for sale immediately, and the other will discuss bringing in a competent developer who will advise as to the steps to re-finance and re-develop the project. Investors will vote on which option they want to pursue.  These two proposals will come from two distinct and separate groups.  And investors will make an informed decision on what happens next.  It will be the responsibility of investors to inform themselves and to vote.

We thank investors for their cooperation and patience in this matter. McGuigan Nelson LLP is working diligently to ensure that investors obtain some return on their investment in this property.

NOTE: PLEASE DO NOT PHONE US ANY INFORMATION WITH RESPECT TO YOUR INVESTMENTS. PLEASE SEND THE INFORMATION VIA ORDINARY MAIL OR PREFERABLY, VIA E-MAIL. WE CANNOT ANSWER INDIVIDUAL PHONE CALLS. CLICK HERE TO DOWNLOAD THE NOTICE OF SETTLEMENT APPROVAL FORM, OPT OUT FORM, AND CLAIM FORM, OR SEE THE “FORMS” PAGE TO THE LEFT.

UPDATE: August 5th, 2015:

As we are getting closer to the Settlement Approval Hearing for the CBI Lakehouse Class Action on September 9th, we have heard from a number of investors who received the Notice of Settlement Approval Hearing. Please note that we cannot respond to each individual investor as it takes a significant amount of time. We have been updating our website frequently as more information becomes available.

We would like to provide the following clarification to investors, as there seems to be some confusion about what is happening:

  1. As stated in our earlier updates, this is a Notice of Settlement Approval Hearing There is nothing for investors to do at this time other than to be aware that the hearing is coming up and we propose to have our settlement approved by the Court. If you wish to object to the proposed settlement, you can provide us your written comments to us by no later than August 9th, 2015 , and we will inform the Court of these objections on September 9th.
  1. If the settlement is approved, a second notice will go out to investors, called a Notice of Settlement Approval. If you wish to Opt – Out of the settlement ,this is your chance to do so. If you do Opt-Out, you will not be entitled to share in any of the proceeds of the sale or development of the Lakehouse property.  This will mean that if you are not happy with this settlement, you intend to pursue separate legal action on your own.  To date, nobody has expressed that intent.
  1. If we do not approve this settlement, the property will be lost in a tax sale.  The taxes are owed and not paid.  The property was marketed for sale at $1,000,000.00 and did not sell while it had the investors’ mortgage on title.  The lawsuit, and this settlement, is the only way to attempt to mitigate investors’ loss and preserve any assets for investors.
  1. Lawyers will not decide what happens with the land.  We will take over the property under the class action settlement, with taxes paid, and the architectural fee resolved, with the benefit of all plans and (expired) development permits.  This will provide investors with complete control over everything they paid for here.
  1. If the settlement is approved, the investors who have not Opted-Out of the settlement will be presented with two options, by two distinct groups, on either completing development of the project, with new financing, or to sell the project along with all the work product.  Investors will make a decision on what to do, based on those presentations.
  1. We wish to be clear that through court proceedings, the sworn evidence provided by the Defendants in this action was that there is no equity within the project and there are no plans to complete it.  So for those investors that think there is an alternative, that is not the case.
  1. We have heard from several investors who have expressed dissatisfaction that this settlement will not “punish” the Cadmans.  Civil litigation is not about punishment.  The Alberta Securities Commission has some hearings with the Cadmans and you can look those up if you wish.  However, sanctions relate to fines and that provides no benefit to investors.  The focus of this lawsuit is to attempt to help investors recoup and mitigate their investment here.  In other words, this is about trying to find value for investors.  And again, if we do not settle, the only asset here will be lost in tax sale and there will be nothing left for investors.  You will recoup nothing.  And so this settlement is the only viable option at this point for investors to preserve any value.

Given the fact that we are likely years away from getting to and through a trial, there is no money or appetite of investors to run a trial, the fact that the Cadmans have confirmed that the Lakehouse Project has no assets other than the Lakehouse Property, and the fact that the Lakehouse Property will soon be lost to a tax sale if we do not act quickly, there really is no choice here. 

Faced with these risks, we have structured a proposed settlement which allows investors who stay in the settlement to recoup some of their loss. If you are not happy with this, you are entitled to Opt-Out, and you can try to sue on your own, if you cannot accept any of the above. 

We understand that this information is hard to process and accept.  Please do not “shoot the messenger”.  Bluntly, Lakehouse has failed and the money is spent.  The Cadmans obtained most of their compensation on the front end of this investment, as they disclosed clearly in the Offering Memorandum that they were using funds raised to acquire the land at $2.2 million, and were selling it to investors for $5.1 million.  They made $2.9 million at the outset.  That was disclosed to you.  Other monies raised went to development costs and architectural plans and part of our settlement is to take possession of those plans,  so investors can review the two options and decide how to best use the information and plans provided.

We hope this clarifies some of the concerns investors have about the settlement. We look forward to updating investors after September 9th, 2015.  We trust everyone will opt in, and we look forward to meeting all of you when you decide what to do with the lands.

-Kevin McGuigan

 

UPDATE: June 4th, 2015:

Notice of Settlement Approval Hearing

Kevin McGuigan is pleased to announce that on June 2, 2015, Justice Macleod granted the Settlement Approval Hearing Order.  This will mean the following:  In the next several weeks, investors in Lakehouse will receive a “Notice of Settlement Approval Hearing”  from Defendants’ counsel. This means that a date has been set for the court to approve the settlement between Class Members and the Defendants.

If you do not receive anything about Lakehouse and you are an investor, please email Kevin at kevin@mnllp.ca directly.  Please only email if you do not receive the forms.  If you receive the forms, you do not have to do anything at this time. If you do not approve of the settlement as proposed then review the Notice, which will set out your options.

We have a return date of September 9, 2015, before Justice Macleod.  At that application, we will seek to approve the settlement. If the settlement is approved, then a second notice will be sent to all investors, informing everyone of the settlement. At that time investors will either make a claim to be a part of the settlement, or have the option of opting out of the settlement and proceeding with their own individual claim against the Defendants. This is the only viable means for us to help investors recoup something here. 

Shortly after the expected approval of the settlement on September 9th, 2015, the Defendants will pay out the taxes owing on the property and it will be transferred to a new corporation.  We will then hold the property, along with all the architectural and development plans, with a nominal financial encumbrance of $85,000.00 that will be paid out on sale or refinance of the property.  All class members will be shareholders in this new corporation on a pro-rata basis.  At that time, we will then have a presentation and class members will vote.  We will vote to either sell the property at a price recommended by commercial realtors, or to work with a different developer.  Two groups will present those options to class members.  Class members will decide what to do.  This is all in accordance with the original proposal sent to investors, for which we received universal approval from investors.  We will keep you posted on progress as we proceed.  We ask your patience and that you do not email us for individual inquiries, as we cannot respond to those.  All information will be posted to our website.

To review the proposed settlement agreement, please click here or visit the CBI Group Form Downloads page.

-Kevin McGuigan

Top