Priority Claims Procedure

All capitalized terms not otherwise defined below have the meaning given to them in the Priority Claims Procedure Order.

On March 11, 2021, the Court issued an order (the “Priority Claims Procedure Order”) which, among other things, approved a limited claims process (the “33 Yorkville Priority Claims Procedure”) to identify certain priority claims against the 33 Yorkville Residences Inc. and 33 Yorkville Residences Limited Partnership (together “33 Yorkville”) that are secured or rank in priority to the claims of the Secured Lenders.

Note that:

  1. Any Claims in respect of the Halo or Clover Projects are being addressed in separate claims processes and are not admissible in the 33 Yorkville Priority Claims Procedure;
  2. Any unsecured Claims or Claims that otherwise do not have evidence and/or a basis to rank ahead of the Secured Lender Claims are not being called for in this 33 Yorkville Priority Claims Procedure. Such Claims will not be reviewed, considered or addressed in this 33 Yorkville Priority Claims Procedure;
  3. Post-Filing Claims will not be considered or addressed in this 33 Yorkville Priority Claims Procedure;
  4. Claims of Pre-Sale Purchasers for deposits paid pursuant to Pre-Sale Purchase Agreements will not be considered or addressed in this Priority Claims Procedure. Claims for such amounts that were held in trust, insured or subject to deposit protection will be addressed separately.

The 33 Yorkville Priority Claims Procedure is intended for any Person with a Priority Claim, including secured claims (unless specifically excluded in the 33 Yorkville Priority Claims Procedure Order) and claims ranking in priority to the Secured Lenders, including valid construction lien holdback claims that are granted priority pursuant to the Construction Act (Ontario), whether unliquidated, contingent or otherwise against 33 Yorkville.

If you believe that you have a Priority Claim, you must complete and submit a Proof of Claim form along with any supporting documentation as described in Section E and F of the Proof of Claim form.

Your Proof of Claim form must be received by 5:00 p.m. (Toronto time) on April 12, 2021 (the “Claims Bar Date”), failing which such Priority Claim will be barred and extinguished, released and discharged forever.

A Proof of Claim form, Instruction Letter and other information, including the 33 Yorkville Priority Claims Procedure Order, can be found below on this subpage, or by contacting the Receiver at:

PricewaterhouseCoopers Inc., LIT,
in its capacity as Court-appointed receiver of 33 Yorkville
PwC Tower
18 York Street, Suite 2600
Toronto, ON M5J 0B2
Attention: Tammy Muradova
Tel.: 416-687-8946

It is your responsibility to ensure that the Receiver receives your Proof of Claim by the Claims Bar Date.

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.

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Contact us

Natalia Chtcherbakova

Consulting & Deals, PwC Canada

Tel: 416-687-8946

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