ParkLane Donations for Canada Charitable Gift Program

Frequently Asked Questions

  1. What is this class action about?
  2. Who is eligible to receive money under the settlement?
  3. When was the first ParkLane Settlement?
  4. Who has settled in the class action lawsuit?
  5. What are the terms of the settlement?
  6. How do I apply to receive money under the settlement?
  7. I believe that I am a class member but I did not receive a username and password. Does this mean that I am not entitled to part of the settlement?
  8. When will I receive my payment?
  9. How do I know my claim was submitted?
  1. What is this class action about?

    The Donations for Canada Charitable Gift Program was a leveraged charitable donation tax program which was offered or otherwise available between 2005 and 2009 (the "Gift Program").

    The Class Action alleges, among other things, that the Defendants were negligent in creating and operating the Gift Program, and that the promotional materials about the Gift Program contained misrepresentations. The claim alleged that the Gift Program was a fraud and that it was in breach of Consumer Protection Legislation, and that the Class Members were entitled to rescission of the agreements, and should be repaid the money they paid to participate in the Gift Program.

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  2. Who is eligible to receive money under the settlement?

    You are a member of the Class if you did not exclude yourself by opting out, and you fit this description:

    THE CLASS:   Any person who participated in the ParkLane Donations for Canada Charitable Gift Program while resident in Canada during the period between January 1, 2005 and December 31, 2009, excluding Edward Furtak, Wayne Robertson, the Defendants, their subsidiaries, affiliates, officers, directors, senior  employees, legal representatives, heirs, predecessors, successors and assigns, and any member of the families of the Individual Defendants, Wayne Robertson, and Edward Furtak, and any entity in which any of the foregoing persons or entities has a legal or de facto controlling interest.

    If you were an eligible class member from the first ParkLane Settlement in 2013, then you are able to claim again. If you received notice about the settlement in 2013, but did not file a claim in the first Settlement, you can still file a claim for this Settlement. If you did not receive notice of the settlement in 2013, did not file a claim, but you meet the class definition, you may file a claim for this Settlement.  Please note claims can no longer be submitted for the first ParkLane settlement. 

    If you accepted CRA's offer to settle your objection to your income tax reassessment, you are still able to make a claim in this settlement. 

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  3. When was the first ParkLane Settlement?

    The claim deadline for the first ParkLane Settlement was February 28, 2014. Cheques were issued July 23rd, 2014. The settlement funds have been fully disbursed.

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  4. Who has settled in the class action lawsuit?

    The remaining defendants who did not settle in 2013, ParkLane Financial Group Limited, Trafalgar Associates Limited, Trafalgar Trading Limited, and Appleby Services (Bermuda) Limited as trustee for the Bermuda Longtail Trust, now known as Estera Services (Bermuda) Limited as the Trustee for the Bermuda Longtail Trust, are the settling defendants.

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  5. What are the terms of the settlement?

    Under the Settlement Agreement the Settling Defendants have paid a total of $17,500,000 plus interest in the amount of $164,931.50 which accrued at the rate of 0.8% since February 1, 2016, in exchange for a full release of all the claims against them relating to the Class Action. Legal fees and expenses, and the expenses to administer the settlement, and the levy to the Class Proceedings Fund will be deducted from the settlement fund.  In addition, the Third Party Claims brought by ParkLane Financial Group Limited have been dismissed without costs.

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  6. How do I apply to receive money under the settlement?

    A username and password was issued to all known eligible class members.  After entering your username and password you will be able to review the amount of your cash donations in the Program based upon ParkLane’s records. If you did not receive a username and password please contact us. The claim form can be completed online, or you may request a paper copy to be sent to you. All claims must be received by the Administrator prior to July 31, 2017. 

    ***Direct mail notices will be sent on Monday, May 8th, 2017. This notice will provide claim filing instructions as well your username and password. Please allow sufficient time for your notice containing your login credentials to arrive.

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  7. I believe that I am a class member but I did not receive a username and password. Does this mean that I am not entitled to part of the settlement?

    No. While the parties have made their best efforts to send notices to all class members, it is possible that some members have been inadvertently omitted, or we do not have current contact information for you. 

    If you did not receive a username and password you can download a copy of the claim form here and complete it and mail to our office. You can also contact the Claims Administrator at 1-888-663-7194 or email us at parklane@nptricepoint.com to request your username and password. 

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  8. When will I receive my payment?

    There is no way to say for sure when distribution will be made because it depends on a number of factors; however, generally distribution is made within 6 months of the Claims Deadline, barring any unforeseen circumstances. 

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  9. How do I know my claim was submitted?

    Immediately following submission of your claim, a page will display with your Claim ID.

    You will also be sent confirmation of your claim by email to the email address you have provided in your claim.

    If you do not get this message, please confirm that you have filled in all the required information. There will be red text on the form anywhere that information is missing. If you are still unsure whether your claim was submitted, call us at 1-888-663-7194 or email parklane@nptricepoint.com.

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