REBELS RAIDED
007 AT 50 King of spies has come a long way since ‘Dr. No’ C5
Lose to Prince Albert B4
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CENTRAL ALBERTA’S DAILY NEWSPAPER
BREAKING NEWS ONLINE AT WWW.REDDEERADVOCATE.COM
WEDNESDAY, OCT. 3, 2012
Man charged with murder sued $80M-LAWSUIT ALLEGES BRIAN MALLEY ‘DISREGARDED STATED INVESTMENT GOALS’ BY HARLEY RICHARDS ADVOCATE BUSINESS EDITOR A class action lawsuit seeking $80 million in damages has been launched against the investment adviser charged with the November 2011 murder of Innisfail resident Victoria Shachtay. A statement of claim filed in Red Deer Court of Queen’s Bench on Monday by Calgary law firm Jensen Shawa Solomon Duguid Hawkes LLP names Brian Malley as a defendant, as well as Malley’s wife Christine, Assante Wealth Management (Canada) Ltd. and Assante Capital Management Ltd. It identifies Allan Rue of Vermilion and David Jamieson of Calgary as plaintiffs, but says the action is being brought on behalf of all Assante clients whose investments were being managed by Malley.
The claim alleges that Malley “disregarded the stated investment goals of the class members . . . engaged in a one-size fits all investment strategy for the class members that was wholly unsuitable for the investors and . . . acted in his own best interests which were in conflict with the interests of his client class members.” A list of specific examples are provided, including failing to obtain informed consent, disregarding instructions and not disclosing conflicts of interest. The statement of claim also alleges that the Malleys were employed by, agents of, or independent contractors for Assante, with Brian Malley an investment adviser and Christine Malley a manager or supervisor. It says Christine Malley failed to properly supervise accounts and report violations, and that Assante failed to supervise Brian Malley and ensure he was acting properly.
Brian Malley was arrested in May in connection with the bombing death of Shachtay, a disabled single mother who was one of his clients. He’s been released from custody on $10,000 bail, with a preliminary hearing scheduled for next September. The lawsuit seeks damages of $50 million for losses suffered by Malley’s clients, as well as general damages of $20 million for “mental distress, anguish and hardship” and punitive damages of $10 million for “reprehensible conduct.” It also asks the court to certify the action as a class proceeding and direct that the damages awarded be paid into a common fund for distribution to the members of the class action. Statements of claim contain allegations that have not been proven in court.
Please see LAWSUIT on Page A2
HIGH SCHOOL VOLLEYBALL
ROSS STREET PATIO
Pilot project to hibernate over winter BY CRYSTAL RHYNO ADVOCATE STAFF
Photo by JEFF STOKOE/Advocate staff
Hunting Hills High School Lightning Rachelle Fallis makes a shot at the net against the Wetaskiwin Sabres during senior girls high school volleyball action at Hunting Hills on Tuesday. Please see related story on page B4.
RDSO sets the culture minister straight about attendance figures BY LANA MICHELIN AND CRYSTAL RHYNO ADVOCATE STAFF Declining attendance? What declining attendance? The Red Deer Symphony Orchestra’s executive director, Melody McKnight, said she’d like to set the record straight after Alberta Culture Minister Heather Klimchuk suggested the RDSO is getting less in provincial grants because it’s pulling in less money from the community. In fact, the opposite is true, said McKnight. “Our community derived revenue has gone up by $20,000.” The RDSO raised $331,306 in the 2011-12 season from concert ticket sales, the annual fundraising gala and raffle, sponsorships, cash donations, pro-
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gram ad sales and other revenues. This is up from the $314,213 raised during the 2010-11 season. McKnight added that the RDSO’s concerts are also continuing to sell out at the Red Deer College Arts Centre. While she’s not sure where Klimchuk received her information, “We’re not angry at all about the minister’s comments. In fact, I was talking to Mary Anne Jablonski about it (Monday) and we had a good laugh,” said McKnight, who feels the Red Deer North MLA and her Red Deer South MLA colleague, Cal Dallas, are understanding of the RDSO’s position. Having a $50,000 shortfall “has been a frustration, but our MLAs are glad to be working with us.”
Please see RDSO on Page A2
WEATHER
INDEX
40% chance of showers.
Four sections Alberta . . . . . . . . . . . . . . . . . . . . . A3 Business. . . . . . . . . . . . . . . . B1-B3 Canada . . . . . . . . . . . . . . . . . A6,A7 Classified . . . . . . . . . . . . . . . D1-D5 Comics . . . . . . . . . . . . . . . . . . . . . C4 Entertainment . . . . . . . . . . . . . . . C5 Sports. . . . . . . . . . . . . . . . . . B4-B8
FORECAST ON A2
The patio party is over for now. Next week the tables will be removed and parking lines painted as the award-winning downtown Red Deer Ross Street patio pilot project hibernates for the winter. But business owners in the vicinity say the summer pilot had a significant impact on revitalizing and bringing more foot traffic to the city centre. “I heard at least once a day that it was the first time they were downtown in 10 years,” said Catherine Robb, owner of Housewarmings. “They have lived here and they never came downtown. They drove by and they saw the public market and they were curious. The atmosphere and the good vibes down here — it was a huge improvement for the downtown.” Nicole Hewitt, co-owner of Talk of the Town, said she loved the idea of the patio in the summer but it didn’t necessarily pay dividends at the cash register. Hewitt said they lost a lot of their regular customers because of the parking but there were a lot of new faces just browsing. “I loved the idea of getting more people downtown,” said Hewitt. “We’re kinda in between. Maybe eventually people will come around to the idea of having to walk a little bit.” The city approved the pilot in April. It included the installation of the eight patio tables on the north side of Ross Street between Gaetz Avenue and Veterans’ Park from June 1 until October. The pilot came with an estimated $70,000 price tag and included the purchasing of the tables, the bus shelter to house the piano, other infrastructure and installation and removal of the infrastructure. The funds came out of the surplus from the Gaetz Avenue Revitalization Project. Not only did the city provide the public gathering space, they added 24 arts and entertainment events, including two concerts on Friday evenings. King Donair manager Murad Nesar said it was nice to look out his window to see people milling about on sunny days, enjoying entertainment and sitting on the patio seats. Greater downtown co-ordinator Charity Dyke said based on the surveys and anecdotal information, the majority of people were happy with the pilot. “Not just because it was a neat and interesting project but because it brought different people down into the downtown that they hadn’t seen in the downtown before,” said Dyke. She said young children and seniors were often seen sitting at the patios or wandering the downtown streets. “We weren’t getting that sort of demographic before,” Dyke said. “I think the patio was really great in drawing those people into our downtown, which is very important for the community gathering aspect as well as the business aspect.” On Monday night, city council considered extending the pilot through the winter of 2012-2013. The motion was split 4-4 with Coun. Buck Buchanan, Coun. Dianne Wyntjes, Coun. Paul Harris and Coun. Lynne Mulder in support of keeping the patio open. Coun. Cindy Jefferies was absent. The motion was defeated because of the tie.
Please see PATIO on Page A2 CANADA
POLITICS
E. COLI CASES SPIKES IN SASKATCHEWAN
JUSTIN TRUDEAU SEEKS LIBERAL LEADERSHIP
Saskatchewan is reporting a spike in E. coli cases but is waiting for lab tests before linking them to the massive beef recall from an Alberta plant. A6
Justin Trudeau, the telegenic, raven-haired son of a former prime minister launched his bid to lead the federal Liberals and convince Canadians he’s more than just a pretty face. A7