Condominium Plan No. 8120257 o/a Hillview Park

Court Appointed Administrator

Page last updated: April 4, 2019

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.


Status of file on April 2, 2019

On March 26, 2019, an order was granted by the Court of Queen's Bench discharging the Administrator, and providing direction with respect to the status of funds held in the High Cloud Trust and outstanding invoices. 

This order also approved sealing certain confidential information (the "Confidential Supplement") and of the Administrator's proposed approach to facilitating access to this Confidential Supplement. 

A copy of this Order has also been posted on GeniePad for the information of the Unit Owners.

Status of file on March 29, 2019

On March 28, 2019, an order was granted by the Court granting an extension of the current “No Trespass Order” to ensure the Reconstruction Project remains protected from the trespass of unauthorized individuals. A copy of this Order has also been posted on GeniePad for the information of the Unit Owners.

Status of file on March 18, 2019

On March 18, 2019, the Administrator filed its Fourth Report to report to the Court on the following:

  • Inform the Court of the Administrator's activities since the filing of the Third Report;
  • Provide an update on recent developments in the Reconstruction Project;
  • Provide an update on the construction consultant’s review and assessment of the status and budget of the Reconstruction Project
  • Seek advice and direction whether the Administrator is to approve outstanding remediation; invoices; and,
  • Provide comments on the status of the Administrator’s role and those of its construction consultant as well as seek the Administrator's discharge.

The Administrator is also seeking approval of an order to seal certain confidential information (the “Confidential Supplement”) and of the Administrator’s proposed approach to facilitating access to this Confidential Supplement.  The application will be heard on March 26, 2019 at 10:00 am (MST).

The Condo Corp has also filed materials seeking an extension of the current “No Trespass Order” to ensure the Reconstruction Project remains protected from the trespass of unauthorized individuals.  This application will be heard on March 28, 2019 at 10:00 am (MST).

A copy of the Fourth Report and materials in respect of the upcoming applications has also been posted on the Genie Pad, for the information of the Owners.

Status of file on December 14, 2018

On December 14, 2018, an order was granted by the Court of Queen’s Bench expanding the powers in the Administrator Order, and as expanded by the Expansion Order, to empower the Administrator to:

  • Certify insurance and remediation funds requested and payments to be issued from the Condo Corp's Insurance Trustee, High Clouds Incorporated;
  • Exclusively confirm all avenues have been pursued to confirm that work being certified is not insurable work. Further, the Administrator may communicate with and provide information as required to the insurance adjuster. For Remediation work, the Administrator has exclusive authority to certify that any funds requested to be paid are justly due to contractors, subcontractors or others who have rendered services or provided materials in relation to the Remediation work and the Board shall have no further authority to authorize said payments for Remediation Work;
  • Exclusively communicate on behalf of the Board to Owners and other interested parties, who are not adverse in interest to the Corporation, regarding the Reconstruction Project and appointment of the Administrator by the Court, to the extent the Administrator determines appropriate;
  • Assist the Board in searching for and securing funding to complete the Reconstruction Project, including Remediation work, and permitting the Administrator to communicate with any potential lenders or funders, and provide information to such potential lenders or funders as required; and,
  • Exclusively establish and modify the scope of work to be completed by the Prime Consultant, Specialized Property Evaluation Control Services Limited.

The Court additionally orders the Board to ensure the Reconstruction Project remains heated, protected by security, and that the Reconstruction Project remains insured in the normal course by utilizing funds on hand to make these payment as costs are incurred.

A copy of the materials in respect to the orders granted have also been posted on GeniePad for the information of the Unit Owners.

Additionally, an informational letter has been issued to the Owners (via GeniePad and mail) by the Administrator to provide an update on the appointment of the Administrator and what to expect in the coming months.  

Status of file on December 5, 2018

On December 5, 2018, the Administrator filed its Third Report to report to the Court on the following:

  • Inform the Court of the Administrator’s activities since the filing of the Second Report dated November 2, 2018;
  • Provide an update on recent developments in the Reconstruction Project since its last report;
  • Provide an update on the construction consultant’s review and assessment of the status and budget of the Reconstruction Project; and,
  • Provide comments on the expansion of the Administrator’s powers being sought by the Mortgagees.

The mortgage insurers have filed materials seeking an expansion of the Administrator’s powers in the Administrator Order, and as expanded by the Expansion Order, to empower the Administrator to:

  • Certify insurance funds requested and payments to be issued from the Condo Corp's Insurance Trustee, High Clouds Incorporated;
  • Exclusively communicate on behalf of the Board to Owners and other interested parties, regarding the Reconstruction Project and appointment of the Administrator by the Court, to the extent the Administrator determines appropriate;
  • Assist the Board in searching for and securing funding to complete the Reconstruction Project, including Remediation work, and permitting the Administrator to communicate with any potential lenders or funders, and provide information to such potential lenders or funders as required; and,
  • Exclusively establish and modify the scope of work to be completed by the Prime Consultant, Specialized Property Evaluation Control Services Limited.

The application will be heard on December 14, 2018 at 10:00 am (MST).

A copy of the Third Report and materials in respect of the upcoming application has also been posted on the GeniePad, for the information of the Owners. 

Status of file on November 8, 2018

On November 8, 2018, an order was granted by the Court of Queen’s Bench expanding the powers in the Administrator Order to empower the Administrator to engage a construction consultant (“Expansion Order”).  A further order was granted by the Court to authorize the Administrator to provide the construction consultant a copy of the Confidential Supplement.

The construction consultant has been engaged to assist in assessing the status and budgets of the Reconstruction Project to assist all stakeholders and the Court in obtaining further clarification of the status and associated costs of the Reconstruction Project.

A copy of the materials in respect to the orders granted have also been posted on GeniePad for the information of the Unit Owners. 

Status of file on November 6, 2018

On November 5, 2018, the Administrator filed its Second Report to report to the Court on the following:

  • Inform the Court of the Administrator’s activities since the filing of the First Report dated October 22, 2018;
  • Provide an update on recent developments in the Reconstruction Project since its last report; and,
  • Provide comments on the expansion of the Administrator’s powers being sought by the Mortgagees.

The mortgage insurers have filed materials seeking an expansion of the Administrator’s powers in the Administrator Order to empower the Administrator to engage a construction consultant. The application will be heard on November 8, 2018 at 10:00 am (MST).

A copy of the Second Report and materials in respect of the upcoming application has also been posted on the GeniePad, for the information of the Unit Owners. 

Status of file on October 29, 2018

On October 29, 2018, an order was granted by the Court of Queen's Bench to seal the Confidential Supplement and approve the form of request for access to the Confidential Supplement (“Sealing Order”).

Status of file on October 22, 2018

On October 22, 2018, the Administrator filed its First Report to report to the Court on the following:

  • Hillview Park Condo Corp’s budget and actual costs incurred with respect to the Reconstruction Project;
  • Payments proposed to be made by the Hillview Park Condo Corp with respect to the Reconstruction Project;
  • The status of the Reconstruction Project including construction costs incurred to date;
  • The status of any litigation commenced by or against the Hillview Park Condo Corp (including but not limited to Court File No.s 1701-13787, 1701-16340 and 1801-11019); and,
  • Such other matters as the Administrator sees as material.

The Administrator is also seeking approval of an order to seal certain confidential information (the “Confidential Supplement”) and of the Administrator’s proposed approach to facilitating access to this Confidential Supplement (discussed in the First Report).  The application will be heard in October 29, 2018.

A copy of the First Report and materials in respect of the upcoming application has also been posted on the GeniePad, for the information of the Unit Owners. 

Status of file on September 20, 2018

On September 20, 2018, the Court of Queen’s Bench of Alberta (the “Court”), appointed PricewaterhouseCoopers Inc. (“PwC”) as Administrator (the “Administrator”) in relation to Condominium Plan No. 8120257 o/a Hillview Park (“Hillview Park Condo Corp”).  PwC is independent of the condominium association and reports solely to the Court.

PwC as Administrator, in an independent capacity, has been charged with reviewing and assessing matters described in the Order.  Pursuant to this order, PwC is to review certain matters (as set out below) and report back to the Court:   

  • The payments proposed to be made by the Corporation with respect to the Reconstruction Project;
  • The Corporation’s budget to actual cash flow projections with respect to the Reconstruction Project;
  • The status of any litigation commenced by or against the Corporation (including but not limited to Court File No.s 1701-13787, 1701-16340 and 1801-11019), including to act as a repository for documentation relating to such litigation;
  • The status of the Reconstruction Project; and
  • Such other matters as the Administrator sees as material.

The Administrator will file its first report to the Court on or before October 22, 2018.  An application has been scheduled to review the terms of the Administrator Order on October 29, 2018 at 2:00 pm, at which time, any interested party may apply to Court to review the terms of the Order.

Please note that the granting of the Order does not impact the status of the board of the condominium corporation and  Hillview Park Condo Corp, who will continue to operate as prescribed by the bylaws of the condo corporation, subject to the terms of Order.

Information on any further applications impacting the Unit Owners will be made by posting on the condominium communication portal (“GeniePad”) (as referred to in paragraph 21 of the Administrator Order), currently operated by Hillview Park Condo Corp..

 

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