THE CANADIAN FINANCIAL WELLNESS GROUP filed an amendment to the claim in its case against RESOLVE BUSINESS OUTSOURCING INCOME FUND and D+H Corp.

The amendment was filed in Halifax, Nova Scotia on August 28, 2017.

The case alleges that RESOLVE BUSINESS OUTSOURCING INCOME FUND was unjustly enriched in the usage of CANADIAN FINANCIAL WELLNESS GROUP’s ideas and materials.

The CFW Group maintains that the central concepts and models D + H Corp used to build their customer focused platform after their takeover of Resolve in 2009, were taken from CFW Group’s input into the Canada Student Loan Program, which Resolve serviced. There is no indication in D + H Corp’s 2008 Annual Financial Report that D + H was involved in any customer orientated activity prior to the acquisition of Resolve. D + H evolved overnight from a “business to business” focus to a “business to consumer” strategy. The Canada Student Loan Program was also undergoing radical changes.

The 2007 CSLP contract states that:

“As more and more Canadians commit to the concept of lifelong learning, the service they require will undergo significant change. . .This is the vision that will guide the Program’s direction for future services with the service provider.”

John Leblanc, CEO of the CFW Group, says that “In January 2008 Doug Gilhooly of D+H approached The CFW Group to help D+H earn the incentive money that was being offered by the government of Canada in the new student loan contract. Gilhooly told me he thought D+H had a handle on about 50 % and there was an opportunity for the CFW Group to help them obtain the other 50%.”

Mr. LeBlanc related that: “Alan Bennett, another exec at D+H told me he was on a government committee. They were looking for solutions for a kind of borrower I cared deeply about. Alan wanted some new ideas and I described what I later learned became their ‘Repayment Assistance Program.’ They call it RAP. These were work conversations, so they were recorded.” In their 2010 Annual Report, D + H announced that the Repayment Assistance Program would be one of their new “service extensions.”

In the amendment filed by the CFW Group on August 28, 2017, the company alleges that D + H Corp used CFW Group material to build a customer focused platform and to develop a new brand identity. The amendment lists examples of the CFW Group ideas, concepts and approaches that D + H Corp, has incorporated into their business model. The amendment also notes that, as a result of corporate reorganization and amalgamation, Finastra, the new London UK based company created after Vista Equity Partners acquired D + H, will very likely continue to use the CFW Group paradigm and CFW Group’s intellectual property in the same manner that D + H Corp did according to evidence presented in the amendment.

The CFW Group maintains that D+H benefitted from unjust enrichment with RAP and other ideas and intelligence acquired through their exposure to The CFW Group’s ideas and methods.

LeBlanc says, “it’s really amazing. There have been two bids for the student loan contract since I started talking to these guys in 2005 and the same people are still involved. It’s like a dynasty.”