Lanny McDonald interview - Tweeting Something Smells - Overturn the Receivership

Update:

Lanny will be interviewed on Thursday afternoon. Tweeting will commence on Friday, the 20th, to include that video. 

That is now the plan. Check back here for changes. 

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Those in attendance at the hearing heard one of the three Judges say 2 things:

"something smells"

and

"is there precedent for overturning the receivership?" (which our lawyer answered - yes, btw)

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If you can believe this and you understand what it means then you should be incensed that we are denied the transcript.

 


Something Smells. Appeal Court shut us down. Why?

The Appeal Panel suggested that we "apply to the panel for clarification."

d. the Appeal Panel, in the December 23, 2016 Judgment advised the class members as to the proper procedure to seek clarification to correct errors in the Judgment and we have followed this “proper procedure”:

“5 Secondly, it is rarely necessary or appropriate for the Court to provide "clarification" of the reasons for decision. The reasons must speak for themselves, and stand or fall based on the reasoning (or absence of reasoning) in them. In those rare cases where some clarification is appropriate, the proper procedure is to apply to the panel for clarification, not for counsel to sort through the oral argument in an attempt to supplement the formal written reasons.” Source: http://bit.ly/2jqeRFF

So what did they do when we asked for clarification?

"Your correspondence of January 12, 2017 has been referred to the panel, which advises that it will not be issuing any further reasons with respect to this appeal." Source: http://bit.ly/2jq2yJn

One has to wonder what they don't want you to know. Something smells here.

 


Small correction to letter you received

If you have signed the Petition to urge the court to release the transcript – Thank You. If you have not – please do so. There is still a little time left. It will now be submitted to the Appeal Court on Monday, January 14, 2017. The link to the Petition is on the blog – right sidebar under Important Links.

That would be Monday, January 16th, 2017.


Are we being railroaded by the Alberta Courts? What are they trying to cover up?

WHAT DON'T THEY WANT YOU TO KNOW?

The www.brookfieldclassaction.com website has been updated with the latest correspondence between our legal and the Alberta Courts regarding the release of the transcripts.

On the case development tab http://www.brookfieldclassaction.com/case.htm you can read the verbal boxing match with the court.


December 8, 2016

December 14, 2016

December 21, 2016

December 22, 2016

December 30, 2016

January 12, 2017

January 13, 2017

January 16, 2017


Another Update: We have been denied Access To Justice - Transcripts

Dear Shareholders, 

To everyone who took the time to sign the petition - Thank You!

Every avenue of recourse has been explored and implemented with regard to the injustice we have suffered.

***A shareholder who attended the June 15, 2016 hearing reported to other shareholders that one of the judges on the appeal panel remarked something to the effect, "something smells here" during the questioning of the South Haul Road build and acquisition of asset and the fact that Brookfield / Tricap were willing to dump $737 Million dollars into a property they labeled "worthless" in the receivership proceedings.

You know what else smells?

The Appeal Court not releasing the transcripts.

The Appeal Court siding with Justice Strekaf's earlier erroneous decision.

Justice Strekaf being appointed as an Appeal Judge while the Court is reviewing her erroneous decision for appeal.

The Appeal Court insisting that 556 pages of evidence were "hearsay." One has to wonder if the government agencies of Canada and the US know they are engaged in spreading unfounded information through SEDAR and EDGAR. One has to wonder how shareholders can now rely on any information posted on SEDAR or EDGAR if it's just hearsay.

The Appeal Court's decision is rife with impartiality.

Could the court have been bought?

By the way, the above paragraph marked with *** is an example of hearsay. Definition of hearsay - information received from other people that one cannot adequately substantiate; rumor.  However, it could be substantiated as fact if we had the transcripts.

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Happy New Year Shareholders !!

Many of you have signed the petition (below).

THANK YOU!

We could still use more signatures.

Did members of your family own shares? Friends? Please urge them to take the time to sign our petition. 

The deadline for getting signatures has been extended until Wednesday. 

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Please sign the petition below. Please let other shareholders know about this petition.

If you are unable to fill in the petition below you can click on this link: https://goo.gl/forms/RsnYO97aVx4MUWnd2


It's not over . . .

Hope your holidays were happily

spent with family and friends

and the New Year brings

you new joy and prosperity.

On Monday, December 5th, we received the decision on our appeal and we did not prevail as expected. 

You can read the court decision here:
http://www.brookfieldclassaction.com/Appeal%20Court%20Descision.pdf.

(You may need to copy and paste above link to work).

Many critical issues were not mentioned or addressed and therefore not resolved. We are going forward to the Supreme Court of Canada. Work toward that end began immediately.

We requested the transcripts and for the first time we were denied. This was quite unexpected as we have obtained transcripts from all previous court hearings with no difficulty. This is a developing story.

Please expect an email regarding this unusual development in the next few days.

 


Ever wonder how naked shorting works?

Anyone familiar with naked shorting recognized the pattern on the Birch Mountain stock chart. Coupled with the Reg Sho and the Fails to Deliver list the naked short pattern is confirmed. It corrupts market integrity.

Who is behind the naked shorts?

Who has the most to gain?

Many times naked short selling is done by an entity who wants to take-over another entity and not have to pay fair market price. Pummeling a targets' stock into the ground makes the target desperate and cheap to takeover. Often naked short selling is used as a tactic in conjunction with death spiral toxic financing. 

Here is a 5 part series on how it's done:

THE MONEY IS GONE


With profound sadness . . .

Dear Shareholders,
 
A great sadness abounds today.
 
Words are inadequate to convey the shock and sorrow of the sudden loss of John Mazag to cancer.

X
Click here or copy and paste link to sign guest book: http://troutmanfuneralhome.com/?p=3135
 
Most of us know him through his efforts to help with all things media related regarding the lawsuit. Anyone who has had the opportunity to speak with him easily garnered that he was a gentle and caring soul who just wanted justice and fairness. It seems so immensely unfair that he will not be around to see the fruits of his labor.
 
We owe him huge gratitude as he single-handedly was responsible for garnering media attention for our cause. He was responsible for the recent nationwide media coverage of our appeal in June 2016. John was our voice outside of the courtroom. 
 

Here's an idea while we're waiting . . .

Do you have your Birch trading records?

Now might be a good time to start gathering them together.

It's been 8 years and you may have stashed the records in a box somewhere in dark corner of the garage and forgotten about them. Or, maybe you dumped them in the trash when Birch went into receivership. Or, maybe, you changed your broker.


Can't find your records?

You'll need to start making some phone calls. Whether it's a broker or transfer agency, hopefully, your records are archived somewhere. 

Good Luck!