CALGARY,
AB, March 4, 2025 /CNW/ - On March 3, 2025, Loberg Ector LLP obtained a
significant judgment for their plaintiff clients against the
defendant Eric Drinkwater in Jesse
Piteau, Marco Scheiwiller,
Kevin Walker and James Bannister. v. Eric
Drinkwater, 2172623 Alberta Ltd., Pat Edward Hare and Real Estate Council of
Alberta, a lawsuit seeking
recovery in a major Ponzi scheme conducted by Drinkwater, a former
Calgary real estate agent and
associate broker at Re/Max Central (the "Brokerage"),
in relation to falsified bridge loans for non-existent transactions
Drinkwater claimed were being conducted at the Brokerage. No such
transactions existed, and the documents used by Drinkwater in
support of the scheme were forgeries.
An award of punitive damages of
$1.0 million for fraud
puts it in the top ranks of punitive damage awards in Canada.
The firm's clients won judgment before Judge J.L. Mason for the full amount of their claims,
being $2,278,114.19 for funds
advanced under the fraudulent pretext, $185,124.90 in accrued interest, costs on a
solicitor and own client full-indemnity basis, and an award of
punitive damages of $1.0
million.
This significant award of punitive damages puts it in the top
ranks of punitive damage awards in Canada. The award was granted upon the request
of Mr. Blair Ector to the Court that, "A message be sent
that Ponzi schemes will not be tolerated in Alberta". The evidence adduced by the
plaintiffs included an acknowledgement by Drinkwater to the
Real Estate Council of Alberta
that the number of "investor" victims numbered at least 71, and may
have exceeded 100.
The Court also granted a declaration that Drinkwater acted
fraudulently in the Ponzi scheme, the declaration being a
significant barrier to Drinkwater trying to extinguish the debt
through bankruptcy.
The plaintiffs had previously obtained an attachment order and
preservation order against the assets of Drinkwater and 2172623
Alberta Ltd. from Justice E. C.
Romaine on November 28, 2024,
which Order remains in force for 60 days past the entry of this
judgment. The action continues against Pat
Edward Hare, the owner of the Brokerage, who has defended
the claim.
Real Estate Council of Alberta
is a statutory defendant, named solely as the administrator of the
Real Estate Assurance Fund, a fund which protects the public from
unscrupulous industry professionals, including in circumstances
involving fraud. The Real Estate Assurance Fund is
expected to have to intervene to protect the plaintiffs in the
present case, in the likely event that Drinkwater cannot satisfy
the judgment.
Further claims are expected in relation to this matter regarding
parties who facilitated or prevented the earlier discovery of the
fraudulent scheme.
Loberg Ector LLP is a law firm practicing complex commercial
litigation in Alberta, Canada, and
lead counsel for the plaintiffs is Blair
Ector, a Founding Partner at Loberg Ector LLP.
SOURCE Loberg Ector LLP