Sens’ Phillips joins Heatley, sues ex-agent

Ottawa Senators defenceman Chris Phillips has filed a $7.5 million lawsuit related to shoddy investments and real estate deals. One of the plaintiffs is his former agent Stacey McAlpine, who is also being sued by fellow NHL player Dany Heatley for similar reasons.

According to a report from the Globe and Mail, Phillips’ suit also names Gerald and Eugenia McAlpine (Stacey’s parents) and accuses them of unauthorized real estate purchases and investments resulting in breach of contract and breach of trust and fiduciary duty as well as conversion, fraud, fraudulent and negligent misrepresentation, conspiracy, oppression and unjust enrichment.

Phillips filed a statement of claim this summer alleging that the McAlpines used company names — namely Presidential Suites Inc., Waterfront Development Inc. and NSEM Management Inc. — to sign these fraudulent deals as a way to protect themselves from personal liability.

"Chris is angry and disappointed with the conduct of Stacey McAlpine," Peter Mantas, Phillips’ lawyer, told the Globe and Mail. "He trusted Mr. McAlpine. … He will vigorously pursue this litigation against Mr. McAlpine."

McAlpine was also the agent and financial advisor of Heatley, who is suing him for $11 million.

McAlpine, who now works in the Clearwater Bay area as a firefighter and at the Squeaky Clean Detail Shop tending to boats and vehicles, had little to say when the Globe and Mail contacted him.

"I just don’t feel it’s appropriate or fair to comment at this time," he said.

A countersuit has also been filed by McAlpine, accusing Phillips of owing unpaid fees and expenses to the tune of $230,000 and claiming that the amount of money sought by Phillips is "excessive, false and shameful."

Phillips claims that he began making money transfers to one of the McAlpines’ companies in 1999, believing that the money was being used to make legitimate investments. In October of 2010, Phillips could no longer access the accounts he had been depositing money in and the McAlpines refused to give it back.

Heatley’s lawsuit alleges that he was lured into shoddy real estate deals by the family and that they had siphoned money from his bank accounts. McAlpine, who is representing himself, denies the allegations and is seeking over $200,000 in reimbursements.

Heatley and Phillips, former teammates on the Ottawa Senators, are now both represented by player agent J.P. Barry. Since being drafted in 1996, Phillips has played his entire career in Ottawa, while Heatley now plays for the Minnesota Wild.

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