All the way, Baby!!

Dear Shareholders, 

We have applied for leave to the Supreme Court of Canada. It was a lot of work to accomplish in a short amount of time but as you see we are on the docket - they accepted our application.

If the SCC approves the leave, we will be presenting our case to the Supreme Court. 

SCC docket

Link: http://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=37438

Look for more news and Tweets sometime next week.

Please and help us Retweet #LannyMcDonald for attention.

 


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.