“A judge has sided with Concrete Equities in its application to appoint Ernst and Young as an interim receiver in a dispute with a group of disgruntled investors in five downtown buildings. By doing so, Court of Queen’s Bench Justice Barbara Romaine rejected the investors bid, at least temporarily, to have Concrete, a Calgary-based commercial real estate fund, replaced as general partner of the buildings that were placed under receivership earlier this spring. “I had hoped by this decision to enable the receiver to work on getting financial information to the limited partners as quickly as can be done,” said Romaine. The judge left the door open for the limited partners to argue on the issue of whether its choice of a new general partner should be named. That is scheduled for June 24.” – Calgary Herald, June 9th, 2009
Well that’s not good news – I know virtually nothing about the law in this area, but it’s rather curious to me that the judge wouldn’t allow us (the Limited Partners) to change the General Partner (Concrete Equities) to a new General Partner. I was under the impression that was our legal right, but apparently the judge didn’t think so. The judge said that she didn’t think we (the Limited Partners) had enough financial information about the buildings to make an informed decisions. That’s true, we don’t – but that’s solely because Concrete Equities is refusing to turn over the financial information to us. So why not order Concrete Equities to turn over the records and let us go our seperate ways? Concrete Equities doesn’t own these properties, we do. What a mess.