Class Action Against Pacer Promec Energy Corporation and Pacer Promec Energy Construction Corporation
UPDATE: SEPTEMBER 20, 2019
On September 10, 2019, the Court of Queen’s Bench of Alberta (the "Court") approved a partial settlement agreement between the Plaintiff and the Defendant, Peter Capkun (the "Partial Settlement Agreement"). The Court declared the Partial Settlement Agreement, including the settlement amount referred to in the Partial Settlement Agreement, to be fair, reasonable and in the best interests of the class members. The Partial Settlement Agreement does not settle the lawsuit against the Defendant, Richard Pelletier. The Court also awarded class counsel, Jensen Shawa Solomon Duguid Hawkes LLP, legal fees, disbursements and applicable taxes.
Only class members are permitted to participate in the settlement. To seek compensation from the settlement, class members must submit their claim form and required documentation postmarked (if applicable) no later than February 6, 2020 to the claims administrator, MNP Ltd. The claim form can be found at the website of the claims administrator (www.mnp.ca/ppecclassaction), and in the Notice of Court Approval of the Partial Settlement Agreement, linked below.
For more information about the Court approval of the Partial Settlement Agreement, and for instructions on how to submit a claim form in order to participate in the settlement, please see the Notice of Court Approval of the Partial Settlement Agreement linked below.
UPDATE: JANUARY 29, 2019
On February 26, 2015, Jensen Shawa Solomon Duguid Hawkes LLP ("JSS Barristers") filed a lawsuit pursuant to the Class Proceedings Act, SA 2003, c C-16.5 (the "CPA"), against Pacer Promec Energy Corporation and Pacer Promec Energy Construction Corporation for unpaid portions of wages earned by employees and contractors pursuant a retention bonus policy. On January 19, 2017, the Court of Queen’s Bench of Alberta ("ABQB") issued a judgment against PPEC in favor of the proposed class (the "Judgment"), but the Judgment was not satisfied.
On February 10, 2017, JSS Barristers filed a subsequent lawsuit in the ABQB pursuant to the CPA against Richard Pelletier and Peter Capkun, former directors of Pacer Promec Energy Corporation (the "Current Lawsuit"). The Current Lawsuit was brought pursuant to a provision in the Alberta Business Corporations Act, RSA 2000, c B-9, which provides that directors of a corporation are liable to employees of the corporation for wages not exceeding 6 months payable that have not been paid by the corporation. The Current Lawsuit was brought against Richard Pelletier and Peter Capkun on the basis that they were directors of Pacer Promec Energy Corporation at the material times, and that the Judgment was not paid.
The Current Lawsuit was certified as a Class Proceeding by an Order granted by the ABQB on December 20, 2018 and filed on January 22, 2019 (the "Certification Order").
The Current Lawsuit alleges that Class Members who were promised payments according to a retention bonus policy payable on December 15, 2014, and who were not paid such amounts, are entitled to relief. It seeks compensation for Class Members, plus other relief including costs and interest.
The Certification Order specifies that the Class includes all employees and contractors (including their estates, executors, and personal representatives) whose employment contract or terms of employment respecting Pacer Promec Energy Corporation’s Kearl Lake Expansion Contract and Mildred Lake Mine Replacement Contract included Pacer Promec Energy Corporation’s retention bonus payable December 15, 2014, and who have not been paid their retention bonus payout at all or in part.