Express Transaction Services Inc. ("EXTS")
The purpose of this website is to inform and assist the "individual(s) concerned" and the legitimate owners of the proceeds of crime as per the lists of victims attached to the Decision and the Order of forfeiture and confiscation. This website is intended to support and meet the Notice requirements of restitution set out in subsection 462.41 (3) of the Criminal Code of Canada. ("Criminal Code")
The "individual(s) concerned" and the legitimate owners of the proceeds of crime as per the lists of victims will be notified directly by the Claims Administrator.
On June 21, 2016, The Honourable Ms. Justice Sylvie Durand, J.C.Q., in the matter of Her Majesty the Queen (Applicant) v. Eric Chenail (Respondent), Court of Quebec, "Criminal and Penal Division", District of Montreal, Province of Quebec, Canada, No: 500-73-003648-116, rendered her Decision and issued an Order of forfeiture and confiscation. (please see the Notice and Documents Section of this website)
On June 22, 2015, Éric Chenail entered a guilty plea to 4 counts under the Competition Act. The charges consist of making representations to the public that are false or misleading, making false or misleading representations by telemarketing, not disclosing the price of the product and ultimately, not disclosing the nature of the product or the business interests being promoted.
The sentence jointly suggested by both parties is a conditional sentence of imprisonment and a fine of $10,000.
The total restitution or compensation available for the all victims is $23,757.10 (plus interest accrued since September,19 2008) from checks issued in the name of the company Express Transaction Services Inc. ("EXTs") which has been subject to a restraint order under section 462.33 of the Criminal Code and a management order under section 462.331 of the Criminal Code issued by the Honourable Suzanne Coupal, Judge of the Court of Québec ("the restraint order").
The total restitution or compensation available for the all victims is $23,757.10, plus any accrued interest since September 19, 2008, (the date on which a restraint order and a management order were issued by Justice Suzanne Coupal) minus the cost of the restitution administration.
These funds ("proceeds of crime") must be returned to the legitimate individual(s) concerned as per the lists of victims. The funds are currently under the control of the Seized Property Management Directorate ("SPMD"). www.tpsgc-pwgsc.gc.ca.
Section 462.41 of the Criminal Code is designed specifically to allow innocent third parties with a legitimate interest in the proceeds of crime to recover their assets before the granting of an order of forfeiture under section 462.37 of the Criminal Code. The Applicant undertakes to give the Notice as referred to in section 462.41 of the Criminal Code to victims, legitimate owners of the assets, whose names appear in the list of victims.
The application by the Director of Public Prosecution of Canada for an order of restitution of assets under subsection 462.41(3) of the Criminal Code ("order of restitution") and an order of forfeiture of proceeds of crime under subsection 462.37(1) of the Criminal Code ("order of forfeiture") has hereby been granted.
All requirements for confiscation set out in subsection 462.37 (1) of the Criminal Code, were met, namely that:
The order declared that the individuals concerned are the legitimate owners of the proceeds and meet the requirements of restitution set out in subsection 462.41 (3) of the Criminal Code.
THE COURT ORDERS THAT:
The Competition Bureau has appointed Trilogy Class Action Services ("Trilogy") to provide Notice and confirm the existence and addresses of the individuals concerned. Trilogy will complete the confirmation process within 90 days of the order of restitution. (June 21, 2016 - September 18, 2016. Thereafter, within 180 days of the order of restitution (June 21, 2016 - December 28, 2016), the SPMD will make payments to every legitimate individual(s) concerned whose addresses have been confirmed.
You or your legal representatives must advise the Claims Administrator of any changes or corrections in mail/email address, name, telephone number or legal representation.
If you have any questions regarding the Notice and its significance, you may contact the Claims Administrator, Trilogy Class Action Services by email at , or by phone at 1‑855‑871‑8255 or by fax at 416-342-1761 or by mail at Trilogy Class Action Services, c/o EXTS Restitution, 7B Pleasant Blvd, P.O. Box 1022, Toronto, Ontario, M4T 1K2.