CARSTAIRS – PrimeCARE Health Medical Clinic in Carstairs and owner Dr. Femi Adekeye are among the defendants being sued by ATB Financial for outstanding debts, according to a statement of claim obtained by the Mountain View Albertan.
The clinic in Carstairs, which was located at Unit #2 - 208 10th Avenue and called Carstairs Medical Clinic, along with clinics in Calgary and Grande Prairie, was shut down on Jan. 13.
The statement of claim was filed with the Court of Queen’s Bench in Calgary on Jan. 13 on behalf of plaintiff ATB Financial.
It lists the defendant borrowers and personal guarantors as including PrimeCARE Health Carstairs, O.A. Adekeye Professional Corporation, and two Alberta numbered companies.
The lawsuit seeks judgment for “outstanding indebtedness which amounts to $7,355,860 as of Dec. 12, 2019, plus interest and expenses, incurred since that date in accordance with the terms of the commitment letters and the security, together with any costs and interest thereon at the rate or rates in effect until judgment in this action.”
It alleges that the “borrowers and the personal guarantors have refused, failed, neglected or been unable to pay the outstanding liabilities within the notice period set out in the demands and has consented to waive the 10-day period required” by section 244 (2) of the Bankruptcy and Insolvency Act.
“As a result of the failure to comply with the demands, the borrowers and the personal guarantors have breached their obligations to repay the outstanding indebtedness to ATB pursuant to the terms of the commitment letters, the security and the personal guarantees.”
Calls to Dr. Adekeye seeking comment were not immediately returned.
Contacted by the Mountain View Albertan, ATB spokesperson Chinta Puxley said, “ATB Financial doesn’t comment about anything that is the subject of a court proceeding.”
None of the allegations outlined in the statement of claim have been proven in court.
