HMS Financial

Class Action – HMS Financial Inc.

Discontinuance of Action
Statements of Defence Filings
Praecipes Filings

Cuming & Gillespie LLP, along with the firm of McLennan Ross LLP (“Class Counsel”), has issued a class action law suit against HMS Financial Inc. and numerous related entities as a result of an investment scheme that resulted in the loss of millions of dollars to investors.
The Statement of Claim was issued on June 2, 2005 bearing Queen’s Bench Action # 0501 08152 and the Amended Statement of Claim was issued on August 19, 2005. An Order dated October 11, 2005 was granted by the Honourable Mr. Justice S.J. Lovecchio allowing service ex juris of the Amended Statement of Claim and Notice to Defendants as well as other documents.
The matter is currently under Case Management by the Honourable Mr. Justice J.D. Rooke of the Court of Queen’s Bench in Calgary, Alberta.
An Order dated May 18, 2006 was granted by the Honourable Mr. Justice J.D. Rooke extending the time for service of the Amended Statement of Claim for three months until September 2, 2006.
A further Order dated June 13, 2006 was granted by the Honourable Mr. Justice J.D. Rooke allowing service ex juris, substitutional service, and deeming service good and sufficient on certain Defendants.
The first Case Management Conference (“CMC”) meeting before Mr. Justice Rooke occurred on June 23, 2006. The Minutes of the CMC, and all other documents, can be downloaded from this website.
A further Order dated June 23, 2006 was granted by the Honourable Mr. Justice J.D. Rooke allowing the Plaintiffs to file an Amended Amended Statement of Claim provided no objections were made to the Defendants prior to July 14, 2006.
Pursuant to the directions for substitutional service against certain Defendants contained in the Order dated June 13, 2006, it is contemplated that a notice will be published in a number of newspapers referencing this website.
Attached is the client update of December 15, 2006.
Attached is the client update as of August 7, 2007.
Amended order dated October 29th, 2007.
Certification Order dated April 2, 2009 and filed April 3, 2009
Amended Amended Amended Statement of Claim – April 15, 2009
Attached is the client update as of June 29, 2009 and the Notice of Class Proceeding dated June 29, 2009
Attached is the client update as of Dec. 15, 2009
March 29, 2010 – Cuming Gillespie Lawyers and McLennan Ross LLP are pleased that the RCMP is moving forward with charges against some of the principals of the HMS Investment Scheme. We will continue to push forward in civil court with the certified class action lawsuit in an effort to assist victims with recouping their losses.
September 2, 2010 – Attached are time sensitive client updates for September 2, 2010. View them by clicking on the links to the right or by clicking here and here.
Attached is the Notice of Class Re-settlements as of Nov. 4, 2010
Attached is the Notice of Class Re-Claim as of Nov. 15, 2010
Attached is the CLARIFICATION for Notice of Class Re-Claim as of Nov. 15, 2010
ALL DOCUMENTS REFERRED TO IN THIS DESCRIPTION OF THE ACTION MAY BE DOWNLOADED FROM THIS WEBSITE. IN THE EVENT THAT THERE IS ANY DIFFICULTY DOWNLOADING A DOCUMENT(S) FROM THIS WEBSITE, PLEASE E-MAIL craig@cglaw.ca OR FAX 403 232-8818 AND A COPY OF THE DOCUMENT(S) WILL BE PROVIDED TO YOU.