On June 28, 2005, Deloitte & Touche Inc. was appointed Receiver and Manager of Crocus Investment Fund (“Crocus”) by the Manitoba Court of Queen’s Bench pursuant to an application made by the Manitoba Securities Commission. The intent of the Receiver and Manager is to realize the assets of Crocus for the benefit of the various stakeholders including the Class A shareholders.
Pursuant to an Order of the Manitoba Court of Queen’s Bench dated September 4, 2009 an interim distribution was approved to all Class “A” Shareholders of Crocus in the amount of $3.83 per share. In addition, Deloitte & Touche Inc. in its capacity as Class Action Administrator of the settlements of the Crocus Class Action litigation has been authorized to distribute the settlement funds to shareholders.
Depending on the type of account, shareholders will receive different types of correspondence relating to the distribution. All applicable forms will be sent by ordinary mail and are customized to include specific shareholder account and interim distribution information. The mailings will take place between October 9th and 16th, 2009.
The following summarizes the various account categories that shareholders may hold and the projected timing of correspondence:
October 14, 2009 - Distribution funds will be forwarded to the dealers of record.
October 16, 2009 - Shareholders will be sent an account statement and letter confirming the amount of the interim distribution that has been paid directly to the dealer of record on behalf of the shareholder.
October 13, 2009 - Shareholders will be sent a cheque and an account statement. The cheques represent the shareholders’ portion of the distribution.
October 13, 2009 - Shareholders will be sent an account statement and a letter which will outline two options. Shareholders will be required to select only one of the two options: Direct Transfer Authorization Form (Option A) or Direction to Deregister Form (Option B). Shareholders or their financial advisors must return the completed forms to Crocus for processing.
Post October 13, 2009 - Transfers or payments will be processed within 6 weeks after the applicable forms are received.
October 13, 2009 - Shareholders will be sent a Direct Transfer Authorization Form which must be signed by the Financial Institution which is to receive the Interim Distribution. The Form must be returned to Crocus for processing.
Post October 13, 2009 - Transfers will be processed within 6 weeks after the authorization form is received.
Should your advisor or the advisor from the receiving institution have questions regarding the completion of the forms, please contact Crocus Shareholder Services. Contact information will be detailed on the forms.
The Receiver is unable to determine when any future distributions may take place. The Receiver will continue to realize on the balance of the Crocus portfolio.
Media inquiries should be directed to Jacqui d'Eon, Chief Communications Officer, Deloitte at (416) 874-3670.
Notice to Creditors
Notice to Creditors
Schedule B - Instruction Letter for the Claims Process
Schedule C - Proof of Claim
Proposed Interim Distribution
Notice
Letter to Shareholders - July 27, 2009
Media Statements
Media Statement - March 14, 2006
Media Statement - April 22, 2009
Court documents:
Initial order - June 28, 2005
Order - July 13, 2005
Order - August 10, 2005
Order - September 19, 2005
Order - October 4, 2005
Order - October 19, 2005
Order - October 19, 2005
Order - October 27, 2005
Order - December 23, 2005
Reasons for Decision - McCawley - April 7, 2006
Order - McCawley J - January 30, 2006
Notice of Appeal - June 30, 2006
COH Decision - August 31, 2006
Judgment - McCawley J - November 30, 2006
Appeal Decision - March 30, 2007
Reasons for Decision - McCawley - November 15, 2007
Judgment McCawley J January 22, 2009
Judgment McCawley J May 22, 2009
Claims Order - July 22, 2009
Distribution Order - September 4, 2009
Receiver's Reports
Receiver's First Report - July 11, 2005
Receiver's Second Report - August 2, 2005
Receiver's Third Report - August 5, 2005
Receiver's Fourth Report - August 5, 2005
Receiver's Fifth Report - September 12, 2005
Receiver's Sixth Report - December 18, 2005
Receiver's Seventh Report - September 10, 2005
Receiver's Supplementary Report - October 14, 2005
Receiver's Eighth Report - October 17, 2005
Receiver's Ninth Report - July 14, 2006
Receiver's Report 9.1 - October 10, 2007
Receiver's Report 10 - November 10, 2008
Receiver's Report 11 - May 6, 2009
Receiver's Report 11A - July 2, 2009
Receiver's Report 12 - September 4, 2009
Quarterly Reports
Quarterly Report - December 31, 2005
Quarterly Report - March 31, 2006
Quarterly Report - June 30, 2006
Quarterly Report - June 30, 2006 [Appendices 1 - 11]
Quarterly Report - June 30, 2006 [Appendices 12 - 24]
Quarterly Report - June 30, 2006 [Supplement]
Quarterly Report - September 30, 2006
Quarterly Report - December 31, 2006
Quarterly Report - March 31, 2007
Quarterly Report - June 30, 2007
Quarterly Report - September 30, 2007
Quarterly Report - December 31, 2007
Quarterly Report - March 31, 2008
Quarterly Report - June 30, 2008
Quarterly Report – September 30, 2008
Quarterly Report - December 31, 2008
Quarterly Report - March 31, 2009
Quarterly Report - June 30, 2009
Quarterly Report - September 30, 2009
Letters
Letter to Shareholders - March 13, 2006
Letter to Shareholders - December 13, 2006
Letter to Shareholders - December 15, 2007
Letter to Shareholders - April 29, 2009
Crocus Investment Fund Class Actions - Notice of Certification and Settlement Approval
Class Action Settlements
Order - Justice Hanssen - May 20, 2008
Order - Justice Hanssen - July 2, 2008
Order - Justice Hanssen - April 22, 2009 (Directors and Officers)
Order - Justice Hanssen - April 22, 2009 (PricewaterhouseCoopers)
Order - Justice Hanssen - April 22, 2009 (Wellington West Capital)
For further information about the Class Actions you may contact the Class Action Plaintiff's solicitor, Doug Lennox, at dlennox@kleinlyons.com.