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New Life Capital Corp. 

New Life Capital Corp., New Life Investments Inc. and various related companies

On December 17, 2008 KPMG Inc. was appointed by the Ontario Superior Court of Justice as Receiver and Manager of New Life Capital Corp., New Life Investments Inc. and various related companies.

Receiver’s Update – July 11, 2014

 

The Receiver has posted an update below under the section Notices to Stakeholders. The Update addresses, among other things, the status of the Portfolio, the Bahamian legal proceedings, Other Assets and Criminal Charges laid in Canada against Jeffrey Pogachar and Paola Lombardi.

 

Receiver's Update - March 4, 2013

 

On February 21, 2013, the Receiver released its Tenth Report to the Court (the "Tenth Report").  A copy of the Tenth Report is available on this site. The primary purpose of the Tenth Report was to support the Receiver's motion for approval of the sale of a certain life insurance policy (the "AGI Policy"). The Tenth Report, among other things, contains an update on the Portfolio, including a summary of the activity in the Portfolio since the Receiver's Eighth Report to the Court dated October 31, 2011. The Receiver's motion for approval of the sale of the AGI Policy was approved by the Court on February 26, 2013 and a copy of the Order is posted on this site.  The completion of the sale of the AGI Policy is subject to obtaining the approval of the insurer to the change in the ownership and beneficiary of the AGI Policy to the purchaser.

 

In the Tenth Report, the Receiver undertook to provide to the Court, within 60 days, an updated Report on developments with respect to the Advantage Program and the Bahamian Legal Proceedings. The Receiver can advise at this point that the Bahamian Legal Proceedings have not been resolved and that the Receiver does not have possession of the Bahamian Condo. However, the Receiver and its counsel are taking the steps necessary in the Bahamian Court to pursue the ultimate goal of obtaining possession of and realizing on the Bahamian Condo.

  

Receiver’s Update Re Life Settlements Portfolio and Other Matters - August 27, 2012

 

The Receiver has determined that after allowing for carrying costs of the condo in Nassau and other essential costs, the estate can no longer afford, with a few exceptions, to continue paying premiums on the portfolio. Accordingly, in the absence of a dramatic and immediate change in the Receiver’s financial position, most of the policies in the portfolio will lapse by early October, 2012. The Receiver has instructed its consultant, Proverian Capital, to obtain updated medical information and life expectancy reports on most of the insureds. The Receiver expects that this process will be completed by early September and at that time the Receiver will be better able to assess its options. There has been interest expressed by potential purchasers/brokers in a few policies but based on current information, the potential realizations from successfully pursuing those leads will not likely change the overall situation significantly. The Receiver will provide a more detailed update on this situation once it has received and analyzed the new information to come from Proverian.

 

The policies associated with the Advantage Program remain in good standing; however, available funds to pay premiums are extremely limited. The Receiver will correspond with the Advantage investors directly in the near future with respect to their situation.

 

The Receiver does not yet have any substantive developments to report on in connection with the Bahamian legal proceedings.

 

Receiver's Update Re Bahamian Legal Proceedings - July 24, 2012

 

On July 19, 2012, the Court of Appeal of The Bahamas held its final hearing with respect to the Receiver's appeal of the Ruling made by Justice Adderley on November 30, 2011. The Court of Appeal rendered its decision on July 19th and found in favour of the Receiver. Accordingly, the Ruling of Justice Adderley has been set aside in its entirety. The Receiver is conferring with its counsel regarding next steps, including the process to realize on the Bahamian Condo.

 

Receiver's Update re Bahamian Legal Proceedings and Appeal of OSC Decision and Sanctions - June 20, 2012

 

The Court of Appeal of The Bahamas heard further arguments on June 19, 2012 with respect to the Receiver's appeal of the decision rendered by Justice Adderley of the lower Court on November 30, 2011. The matter was not completed on June 19th and was adjourned until July 19, 2012.

 

Pogachar and Lombardi have initiated an appeal of the decision and Sanctions Order issued by the Ontario Securities Commission. Copies of the original Notice of Appeal dated June 14, 2012 and the Amended Notice of Appeal dated June 20, 2012 have been posted on this site under Court Documents.

 

Receiver’s Update re Bahamian Legal Proceedings – May 24, 2012

 

The Court of Appeal held the re-scheduled hearing on May 22, 2012 at which time the Receiver’s oral submissions were heard. For procedural reasons, the hearing was not completed and the Court adjourned the matter until June19, 2012. In the interim, it is expected that the Respondents will submit additional written materials and that the Receiver’s Bahamian counsel will have the opportunity to submit responding materials.

 

Receiver's Update re OSC's Decision on Sanctions – May 17, 2012

As previously reported, the Panel of the Ontario Securities Commission ("OSC") released its decision on the allegations against Jeffrey Pogachar and Paola Lombardi on January 20, 2012 which was followed by the release of the Panel's Reasons For Decision on March 28, 2012. The next phase of the OSC's process was the sanctions hearing, which was held on May 11, 2012. Pogachar and Lombardi did not attend the hearing but representatives of the Receiver and its counsel did along with OSC Staff.

 

The Panel ordered various sanctions against Pogachar and Lombardi, including certain prohibitions on dealing in securities and acting as directors. The primary financial penalties that Pogachar and Lombardi are ordered to pay are as follows:

 

  1. An administrative penalty of $750,000 each;
  2. A Disgorgement Amount of $21,908,607 which obligation shall be joint and several with each other and the New Life corporate respondents (pursuant to a settlement agreement dated January 18, 2011 between the OSC and the Receiver on behalf of the corporate respondents and approved by an Order of the OSC dated January 25, 2011); and,
  3. The OSC’s costs, on a joint and several basis, of $257,756.32.

 

A copy of the Panel’s Order dated May 17, 2012 is posted under Ontario Securities Commission Documents.

 

Receiver’s Update Re Bahamas Legal Proceedings and Ontario Securities Commission Ruling – March 30, 2012

 

In the Receiver’s Notice to Stakeholders dated February 14, 2012, the Receiver advised, among other things, that: (i) the Court of Appeal of The Bahamas was scheduled to hear the Receiver’s appeal on March 6, 2012; and, (ii) the Receiver had entered into an interim stay agreement with Pogachar and Lombardi which was to be in effect for two months or until the appeal is decided. At the Court appearance on March 6th, the Court of Appeal did not hear arguments on the merits and adjourned the hearing until May 22, 2012. The interim stay agreement remains in place pending the outcome of the appeal.


On January 20, 2012, the panel of the Ontario Securities Commission (“OSC”), which had conducted a hearing in December 2011with respect to allegations against Pogachar and Lombardi, rendered its Oral Decision. On January 26, 2012, a written transcript of the Oral Decision was released. Further details on this development were described in the Receiver’s Update re OSC Decision which was posted below under date of January 30, 2012. The Oral Decision was to be supported by written Reasons For Decision, to be released in due course. On March 28, 2012, the panel released its Reasons For Decision and a copy of that document is posted on this website under “Ontario Securities Commission Documents”. 

 

Receiver's Update re Bahamian Legal Proceedings - February 14, 2012

The Receiver has posted, under Notices to Stakeholders, a detailed Update with respect to developments in the Bahamian  legal proceedings.

 

Receiver's Update re OSC Decision – January 30, 2012

 

The Ontario Securities Commission ("OSC") held a hearing in December 2011 during which OSC Staff presented evidence to a panel of commissioners (the "Panel") in support of Staff's case against Jeffrey Pogachar ("Pogachar") and Paola Lombardi ("Lombardi"). Pogachar and Lombardi chose not to attend or to testify in their own defense. Staff's allegations against Pogachar and Lombardi included that: (a) Pogachar and Lombardi perpetrated a fraud on investors by using funds raised from the sale of securities for their own personal purposes contrary to the Securities Act (Ontario) (the "Act"); (b) Pogachar and Lombardi traded securities without being registered to trade securities in accordance with Ontario securities law contrary to the Act; and, (c) Pogachar and Lombardi, being officers and directors of the corporate respondents, authorized, permitted or acquiesced in the breaches of Ontario securities law by the corporate respondents contrary to the Act. On January 20, 2012, the Panel presented an oral Ruling wherein the Panel stated its finding that Pogachar and Lombardi had breached the Act as alleged by Staff. Further, the Panel found that Pogachar and Lombardi acted contrary to the public interest. The OSC proceeding is not yet complete; the Panel will render written reasons for its Ruling in due course and subsequently, the Panel will hold a hearing to determine the sanctions to be imposed on Pogachar and Lombardi.

 

On January 24, 2012, the Receiver sought and obtained from the Ontario Superior Court of Justice (the "Court") an Order which effectively gives the OSC Ruling the weight of a Court Order. A copy of that Order, which includes a copy of the Ruling, is posted on this website under Court Documents.

 

Receiver's Update - November 14, 2011

 

Further to the Receiver's Updates on October 17, 2011 and November 2, 2011, the Receiver attended before the Honourable Mr. Justice Campbell of the Ontario Superior Court of Justice today. Justice Campbell granted the relief sought by the Receiver as outlined in the Receiver's Eighth Report to the Court dated October 31, 2011, including approval of: (i) the sale of the Pacific Life Policy; (ii) an increase in the Receiver's borrowing limit from $250,000 to $2,000,000; (iii) the Receiver's proposed repayment of $180,000 to one investor in the Capital Advantage Program  on the basis that the funds advanced  by the investor constitute trust funds; and, (iv) the Receiver's conduct, activities and statements of receipts and disbursements as presented in the Eighth Report. The Court Order dated November 14, 2011 and the supporting Endorsement of Justice Campbell are posted under Court Documents.

 

Update from Representative Counsel - November 10, 2011
 
At the request of Representative Counsel, the Receiver has posted a further Notice to Investors under Communications From Representative Counsel.

 

Receiver's Update re Fee Approvals - November 9, 2011

The Receiver has scheduled a motion for November 29, 2011 at which time the Receiver will request the Court's approval of: (i) the Receiver's fees and disbursements to September 30, 2011; (ii) the Receiver's Canadian counsel's fees and disbursements to September 30, 2011; and, (iii) the Receiver's Bahamian counsel's fees and disbursements to November 7, 2011. In support of such motion, the Receiver has posted: (i) under Court Documents, affidavits submitted by representatives of the Receiver, the Receiver's Canadian counsel and the Receiver's Bahamian counsel; and, (ii) under Receiver's Reports, the Receiver's Ninth Report to the Court dated November 8, 2011.

 

Update from Representative Counsel - November 8, 2011
 
At the request of Representative Counsel, the Receiver has posted, under Communications From Representative Counsel, audio recordings of Representative Counsel's conference call with investors held on November 7, 2011 and Representative Counsel's Notice to Investors dated November 8, 2011.

 

Receiver's Update dated November 3, 2011 re Letter From Representative Counsel

 

The Receiver has been advised by Representative Counsel that it will be speaking to investors about the possibility of funding an offer for the Pacific Life Policy. The Receiver has already accepted an offer for the sale of the Pacific Life Policy and will be seeking the Court's approval of the sale on November 14, 2011. The Receiver is not involved in discussions with Representative Counsel and the investors regarding the possible competing offer for the Pacific Life Policy. For further information see Representative Counsel's letter to investors dated November 2, 2011 which is posted below under Communications From Representative Counsel.

 

Receiver's Update – November 2, 2011

 

The Receiver issued its Eighth Report to the Court (the "Eighth Report") on October 31, 2011.  A copy of the Eighth Report has been posted on this website under the section titled "Receiver's Reports".  Unless otherwise indicated, capitalized terms used in this Update are as defined in the Eighth Report.

 

As previously advised, the Receiver has scheduled a motion returnable November 14, 2011, at which time the Receiver will seek certain relief, including approval of the following: (i) the sale of one Policy (the "Pacific Life Policy"); (ii) an increase in the Receiver's authorized borrowing limit from $250,000 to $2,000,000; and, (iii) the Receiver's recommendation that the funds advanced by one investor in the Capital Advantage Program be treated as trust funds (the "Advantage Trust Claim") and that the Receiver be authorized to repay to that investor the sum of $180,000 in full satisfaction of the investor's claim in the New Life estate.

 

In connection with (iii) above, the Receiver has written a letter dated October 31, 2011 to all of the investors in the Capital Advantage Program advising, among other things, of the Receiver's recommended course of action with respect to the Advantage Trust Claim. A copy of the aforementioned letter has been posted on this website under the section titled "Notices to Stakeholders".

 

In the Eighth Report, the Receiver provides information on various matters, including: (i) the status of the Portfolio; (ii) the sales processes conducted by the Receiver in 2009 and 2011; (iii) the acceptance of an offer for the Pacific Life Policy; (iv) the Receiver's current cash position and projected cash requirements; and, (v) the status of the Receiver's efforts to recover and realize upon assets in the New Life estate, in particular the status of the going legal proceedings in the Bahamas and the Receiver's efforts to sell the Bahamian Condo.

 

As set out in recent Notices posted on this website with respect to the possible lapse of Policies, the Receiver continues to experience a critical shortage of cash and thus the Receiver's ongoing ability to continue the payment of premiums is in doubt. In the Receiver's view, the sale of the Pacific Life Policy is the only viable source of cash available in the near term. The proceeds from this transaction would enable the Receiver to make premium payments for several months, as explained in greater detail in the Eighth Report.

 

Ontario Securities Commission Documents

Sanctions Order Against Pogachar and Lombardi [PDF 146KB] May 17, 2012
OSC's Reasons For Decision [PDF 1.39MB] Mar 28, 2012

 

Sales Process – 2011

Confidentiality Agreement and Acknowledgement [PDF 133KB] Aug 18, 2011
Terms and Conditions of Sale [PDF 56KB] Aug 18, 2011
Offer Form [PDF 27KB] Aug 18, 2011

 

Claims Procedure

Cover Letter to Unprocessed Investors re Claims Procedure [PDF 556KB] Sep 25, 2009
Cover Letter to Class A Shareholders re Claims Procedure [PDF 508KB] Sep 24, 2009
Cover Letter to Creditors re Proof of Claim [PDF 308KB] Sep 23, 2009
Proof of Claim form - Investors [PDF 612KB] Sep 23, 2009
Proof of Claim form - Creditors [PDF 480KB] Sep 23, 2009

 

Communications From Representative Counsel
Notice to Investors [PDF 7KB] Nov 10, 2011
Notice to Investors [PDF 11KB] Nov 8, 2011
Recording of Investor Conference Call - Part 1 [PDF 5.16MB] Nov 7, 2011
Recording of Investor Conference Call - Part 2 [PDF 5.17MB] Nov 7, 2011
Letter to Investors [PDF 2.06MB] Nov 2, 2011
Notice and Application re Investor Panel [PDF 2.09MB] Sep 23, 2009

 

Court Documents 

Court Order re Approval of Sale Of Security Life Policy and other matters [PDF 192KB] June 5, 2013
Court Order re Approval of Sale of AGI Policy and other matters [PDF 172KB] Feb 26, 2013
Endorsement of Justice Lederer re Decision on Security for Costs [PDF 156Kb] Dec 12, 2012
Ontario Court Order re Security for Costs for Appeal of OSC Decision [PDF 40Kb] Dec 12, 2012
Bahamian Statement of Claim against Pogachar, Lombardi, et al [PDF 5.35MB] Nov 28, 2012
Certificate of Bahamian Court of Appeal [PDF 241KB] July 19, 2012
Court Order re Service of Statement of Claim on J. Pogachar [PDF 552KB] July 4, 2012
Receiver's Motion Record returnable July 4, 2012 re Substituted Service [PDF 2.59MB] June 28, 2012
Amended Notice of Appeal filed by Pogachar and Lombardi re OSC Decision and Sanctions [PDF 60.2KB] June 20, 2012
Notice of Appeal filed by Pogachar and Lombardi re OSC Decision and Sanctions [PDF 49KB] June 14, 2012
Court Order re OSC Sanctions Order and other relief [PDF 229 KB] June 11, 2012
Receiver's Motion Record for motion on June 11, 2012 re Sanctions Order [PDF 3.60 Mb] May 31, 2012
Court Order re OSC Ruling of Fraud against Pogachar and Lombardi [PDF 155 kB] Jan 24, 2012
Bahamian Court Ruling re Receiver's Request for Leave to Appeal and a Stay [PDF 219 kB] Dec 21, 2011
Receiver's Certificate re Completion of the Sale of the Pacific Life Policy [PDF 72KB] Dec 8, 2011
Bahamian Court Decision re Principals' Challenge of Recognition Orders [PDF 1113 kB] Nov 30, 2011
Court Order re Approval of Receiver's Fees [PDF 58 KB] Nov 29, 2011
Court Order re Approval of Representative Counsel's Fees [PDF 1089 KB] Nov 29, 2011
Court Order obtained by Representative Counsel re Investor Panel matters [PDF 59KB] Nov 15, 2011
Endorsement of Campbell, J re Nov 14, 2011 Court Order [PDF 41KB] Nov 14, 2011
Court Order re Approval of Sale of Pacific Life Policy and other matters [PDF 183KB] Nov 14, 2011
Affidavit in Support of Canadian Counsel's fees to September 30, 2011 [PDF 139KB] Nov 9, 2011
Affidavit in Support of Receiver's Fees to September 30, 2011 [PDF 324KB] Nov 8, 2011
Affidavit in Support of Bahamian Counsel's Fees to Nov 7, 2011 [PDF 117KB] Nov 8, 2011
Court Order re Approval of Sale of Fort Erie Property [PDF 211KB] Aug 19, 2010
Court Order re Approval of MassMutual Settlement #2 [PDF 82KB] Jun 14, 2010
Court Order re Approval of MassMutual Settlement #1 [PDF 57KB] Apr 22, 2010
Court Order to Extend Receivership Over Fort Erie Property [PDF 120KB] Apr 6, 2010
Court Order to Extend Receivership Over Maserati [PDF 545KB] Mar 24, 2010
Bahamian Recognition Order re Ontario Receivership Extension Order made on March 16, 2010 [PDF 901KB] Mar 19, 2010
Court Order to Extend Receivership over Specific Assets [PDF 172KB] Mar 16, 2010
Court Order to Compel Gowling Lafleur Henderson LLP to Disclose Certain Information [PDF 80KB] Mar 16, 2010
Bahamian Recognition Order re Amendment made on March 5, 2010 to Jan 22, 2010 Ontario Order [PDF 567KB] Mar 15, 2010
Court Order re Amendment of Jan 22, 2010 Order [PDF 82.4KB] Mar 5, 2010
Bahamian Direction Order [PDF 554KB] Feb 25, 2010
Court Order re Unsealing Prior Orders and Materials [PDF 49.7KB] Feb 18, 2010
Amended Bahamian Court Order re Injunctive Relief [PDF 167KB] Feb 12, 2010
Amended Court Order re Extension of Receivership to include Bahamian Entities (previously sealed) [PDF 120KB] Jan 22, 2010
Court Order re Pogachar/Lombardi and Offshore Funds (previously sealed) [PDF 66.4KB] Jan 12, 2010
Court Order re Authorization to Trace Offshore Funds (previously sealed) [PDF 327KB] Sep 18, 2009
Court Order re Approval of Investor Panel [PDF 112KB] Sep 8, 2009
Court Order re Approval of Realization Plan [PDF 245KB] Sep 8, 2009
Court Order re Approval of Claims Procedure [PDF 1.08MB] Sep 8, 2009
Representative Counsel's Motion Record for motion on September 8, 2009 [PDF 96KB] Sep 2, 2009
Receiver's Motion Record for motion on September 8, 2009 [PDF 248KB] Sep 1, 2009
Endorsements of Campbell, J re Proverian Agreement and Representative Counsel [PDF 158KB] Jun 4 , 2009
Court Order re Appointment of Representative Counsel [PDF 227KB] Jun 4 , 2009
Court Order re Approval of Proverian Agreement [PDF 141KB] May 29, 2009
Receiver's Motion Record for motion on May 29, 2009 [PDF 2.07MB] May 20, 2009
Endorsement of Campbell J - dated March 18th [PDF 1214KB] Mar 18, 2009
Court Order [PDF 223KB] Mar 18, 2009
Receiver's Motion Record for motion on March 18, 2009 [PDF 2MB] Mar 12, 2009
Receivership Appointment Order [PDF 508KB] Dec 17, 2008

 

Notices to Stakeholders

Notice to Stakeholders - Receiver's Update [PDF 757KB] July 11, 2014
Notice to Stakeholders - Receiver's Update re Bahamian Proceedings [PDF 103KB] Feb 14, 2012
Notice to Advantage Program Investors [PDF 671KB] Oct 31, 2011
Notice to Stakeholders - Receiver's Update [PDF 954KB] Mar 17, 2011
Notice to Stakeholders - Status Update [PDF 179KB] Jun 1, 2010
Notice to Stakeholders - Receiver's Update [PDF 158KB] Feb 22, 2010
Notice to Stakeholders - Status Update [PDF 239KB] Jun 30, 2009
Notice to Stakeholders re May 29, 2009 motion [PDF 430KB] May 14, 2009
Notice to Shareholders re Receiver's First Report [PDF 451KB] Mar 20, 2009
Notice to Shareholders [PDF 590KB] Feb 9, 2009
Notice to Shareholders [PDF 430KB] Jan 21 , 2009

 

Receiver's Reports

Eleventh Report to the Court [PDF 4.33Mb] May 31, 2013
Tenth Report to the Court [PDF 4.28Mb] Feb 21, 2013
Second Supplemental Report to the Eighth Report to the Court [PDF 147KB] Nov 10, 2011
Ninth Report to the Court [PDF 154KB] Nov 8, 2011
Eighth Report to the Court - Part 1 [PDF 2197KB] Oct 31, 2011
Eighth Report to the Court - Part 2 [PDF 3356KB] Oct 31, 2011
Eighth Report to the Court - Part 3 [PDF 2027KB] Oct 31, 2011
Eighth Report to the Court - Part 4 [PDF 1616KB] Oct 31, 2011
Seventh Report to the Court- re sale of Fort Erie Property and Vehicles (Part 1) [PDF 517KB] Aug 9, 2010
Seventh Report to the Court - re sale of Fort Erie Property and Vehicles (Part 2) [PDF 517KB] Aug 9, 2010
Seventh Report to the Court - re sale of Fort Erie Property and Vehicles (Part 3) [PDF 517KB] Aug 9, 2010
Seventh Report to the Court - re sale of Fort Erie Property and Vehicles (Part 4) [PDF 1.7MB] Aug 9, 2010
Seventh Report to the Court - re sale of Fort Erie Property and Vehicles (Part 5) [PDF 1.9MB] Aug 9, 2010
Sixth Report to the Court - re MassMutual Settlement #2 [PDF 1.57MB] Jun 7, 2010
Fifth Report to the Court - re Mass Mutual Settlement #1 [PDF 1.3MB] Apr 16, 2010
Fourth Report to the Court - Part 1 [PDF 2.09MB] Sep 2, 2009
Fourth Report to the Court - Part 2 [PDF 2.18MB] Sep 2, 2009
Third Report to the Court [PDF 1.08MB] May 28, 2009
Second Report to the Court [PDF 7.99MB] May 20, 2009
First Report to the Court [PDF 590KB] Mar 12, 2009

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Contact Information

Email: newlifecap@kpmg.ca
Tel. 1-866-930-4921