33 Yorkville Residences Inc. and 33 Yorkville Residences Limited Partnership (Cresford Group)
Receivership
Page last updated: May 25, 2020
This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations.
On March 27, 2020, pursuant to an order (the “Receivership Order”) of the Ontario Superior Court of Justice (Commercial List) (the “Court”), PricewaterhouseCoopers Inc., LIT (“PwC”) was appointed as receiver and manager (the “Receiver”), without security, of all of the assets, undertakings and properties (the “Property”) of 33 Yorkville Residences Inc. and 33 Yorkville Residences Limited Partnership (collectively the “Companies”) acquired for, or used in relation to a business carried on by the Companies, or either of them, including, without limitation, the real property known municipally as 33 Yorkville Avenue, Toronto, ON, 27-37 Yorkville Avenue, Toronto, ON and 26-50 Cumberland Street, Toronto, ON (together referred to as “33 Yorkville” or the “Real Property”), pursuant to section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”) and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended. The Receivership Order was granted pursuant to an application made by bcIMC Construction Fund Corporation and Otéra Capital Inc. (collectively, the “Applicants”).
In accordance with the provisions of the BIA, a Notice and Statement of the Receiver (the “Notice”) will be sent to all known creditors of the Companies. A copy of the Notice will be posted on the “Notices” page of this website.
Please note that PwC has only been appointed as Receiver over the companies responsible for the 33 Yorkville, Clover and Halo projects. Other Cresford Group entities are not included in this receivership. If your query relates to any other of the Cresford Group projects or entities, please contact your normal Cresford contacts.
To view information on Clover and Halo projects, please click here.
Status of File as of May 25, 2020
On May 25, 2020, the Receiver filed its Second Report (the “Second Report”) with the Court to provide the Court with the information with respect to:
- The Receiver’s activities since the First Report, to the date of this Second Report; and,
- The Receiver’s motion to request the approval for the proposed Sale and Investor Solicitation Process (the “SISP”).
The motion for an order to approve the SISP will be heard on June 4, 2020 and the Receiver will seek an order (the “Sale Approval Order”), to among other things:
- Approve the SISP (as summarized in Schedule A to the Sale Approval Order);
- Authorize and direct the Receiver and the Broker (as defined in the SISP) to implement the SISP and perform their respective obligations, including all things that are reasonably necessary or desirable to carry out and give full effect to the SISP;
- Declaring that neither the Receiver nor the Broker shall have any liability whatsoever to any person or party for any act or omission related to the SISP, except to the extent such act or omission is the result of gross negligence or wilful misconduct of the Receiver or Broker;
- Declaring that, to the extent desirable in furtherance of the SISP, the Receiver may disclose personal information to prospective purchasers or bidders and to their advisors, and in so doing will not be in violation of the Personal Information Protection and Electronic Documents Act; and
- Approving the First Report of the Receiver, dated May 10, 2020, the Supplementary Report to the First Report of the Receiver, dated May 14, 2020 and the Second Report of the Receiver dated May 25, 2020.
Status of File as of May 19, 2020
On May 15, 2020, the Court issued the Receiver’s Borrowing Order, which among other things, approved the increase of the Receiver’s Borrowings Charge from $2,000,000.00 to $5,500,000.00 and the rate from 5% to 8% plus a 1% advance fee for all additional advances in excess of the originally approved amount.
Status of File as of May 15, 2020
On May 14, 2020, the Receiver filed a supplementary motion for the Receiver’s Borrowing Order, including a Supplementary Report to the First Report (the “Supplementary Report”), to be read in conjunction with the Receiver’s First Report, the purpose of which was to provide the Court with an update on:
- The Work (defined in the Supplementary Report) required to secure and safeguard the Property; and,
- Provide an update on the need for an increase to the maximum amount of the Receiver’s borrowings.
The motion will be heard on May 15, 2020.
Status of File as of May 13, 2020
The motion for the Receiver’s Borrowing Order has been rescheduled to May 15, 2020.
Status of File as of May 11, 2020
On May 10, 2020, the Receiver filed a motion with the Court for an order (the “Receiver’s Borrowing Order”) to, among other things, increase the Receiver’s Borrowings Charge (as defined in paragraph 22 of the Receivership Order) from $2,000,000.00 to $5,500,000.00 and increase the rate from 5% to 8% plus a 1% advance fee for all additional advances in excess of the originally approved amount.
On the same date, the Receiver filed its First Report (the “First Report”) with the Court to provide the Court with the information with respect to:
- The Receiver’s activities from the date of appointment to the date of the First Report;
- The receipts and disbursements for the receivership proceedings; and
- The Receiver’s motion for the Receiver’s Borrowing Order.
The motion will be heard on May 14, 2020.
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