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0472011 B.C. Ltd. (f/k/a A&B Sound Ltd.)
360networks inc - In Bankruptcy
A-1 Asphals Maintenance Ltd.
Adanac Molybdenum Corporation
Aero Inventory (Canada) Inc
Aero Inventory (UK) limited and Aero Inventory plc.
Aluminum Foundry and Pattern Works Ltd.
ART Advanced Research Technologies Inc.
ASL Direct
BAK Battery Canada Ltd.
Belmont Dynamic Growth Fund
Bruce R. Smith Limited
Brute Force Oil Field Hauling Inc.
Bryant, Fulton & Shee Advertising Inc.
Canadian Biofuel Inc.
Carmel Cove Resort & Spa Inc.
Cervus Financial Group Inc.
Chancellor Reinsurance Company of Canada
Conceptwear
Confederation Life Insurance Company (in Liquidation)
Consumers Packaging
Court Appointed Receivership of Atlas Block Co. Limited
Crossroads Treatment Centre Society Liquidation
CU-Connect
Davco Solutions Inc
Echo Energy Canada Inc.
Edscha of Canada LP
Extreme Retail
Factorcorp
Genfast
Great Basin Gold Ltd
Great Lakes Biodiesel Inc.
Impax
Interwind Corp. (Formerly SkyPower Corp.)
Le Groupe Luxorama Ltée
Lindor
Mackinnon
Markdale Tractor Sales
MF Global Canada Co
Naramata Vines Inc
New Life Capital Corp
New Recreations Ltd.
Niagara River Hospitality Inc.
Pareto-Corporation
Polymer Technologies Inc
Polytubes Inc. - CCAA Proceedings
Poppa Corn Company Ltd.
Portus Alternative Asset Management Inc.
Princess Centre Realty
Reliance Insurance Company, Canada Branch
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Valuations & Fairness Opinions

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 – September 19, 2014

 

On September 17, 2014, the Supreme Court of the Commonwealth of The Bahamas (the “Bahamian Court”) rendered its decision with respect to the Receiver’s application, heard on March 4, 2014, for Summary Judgment against Pogachar, Lombardi and certain Bahamian companies controlled by Pogachar and Lombardi (collectively, the “Defendants”). The Bahamian Court ruled in favour of the Receiver but also, in an oral ruling, imposed a stay of proceedings for 21 days and granted the Defendants leave to appeal to the Court of Appeal of The Commonwealth of The Bahamas. The Receiver has been advised by counsel that the Defendants have 14 days to file a Notice of Appeal. The Court of Appeal could extend the stay of proceedings.

 

A copy of the Judgment dated September 17, 2014 is posted below under Court Documents.

 

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 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 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.

 

 

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 

Bahamian Court Summary Judgment Against Pogachar, Lombardi et al [PDF 1.4MB] September 17, 2014
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
Receiver's Update [PDF 61Kb] Mar 4 2014
Receiver's Update - Re Life Settlements Portfolio and Other Matters [PDF 61Kb] Aug 27 2012
Notice to Stakeholders - Receiver's Update re Bahamian Proceedings [PDF 103KB] Feb 14, 2012
Receivers Update - OSC Decision [PDF 61Kb] Jan 30 2012
Receiver's Update - Re Life Settlements Portfolio and Other Matters [PDF 61Kb] Aug 27 2012
Receivers Update [PDF 59Kb] Nov 14 2011
Update from Representative Counsel [PDF 53Kb] Nov 10 2011
Receiver's Update Fee Approvals [PDF 57Kb] Nov 9 2011
Update from Representative Counsel [PDF 55Kb] Nov 8 2011
Update for Representative Counsel [PDF 56Kb] Nov 3 2011
Receiver's Update [PDF 64Kb] Nov 2 2011
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