Upload
others
View
12
Download
0
Embed Size (px)
Citation preview
Court File No. CV-18-593698-00CL
ONTARIO
SUPERIOR COURT OF JUSTICE
[COMMERCIAL LIST]
B E T W E E N:
B&M HANDELMAN INVESTMENTS LIMITED, E. MANSON INVESTMENTS
LIMITED, BAMBURGH HOLDINGS LIMITED, 4055845 CANADA INC., JEFFREY
GERTNER, 5K INVESTMENTS INC., 558678 ONTARIO LIMITED, and PAUL
HERBERT PROFESSIONAL CORPORATION INC.. Applicants
- and -
SKYMARK PROPERTIES 1 CORPORATION
also known as SKYMARK PROPERTIES I CORPORATION
Respondent
IN THE MATTER OF SECTION 243(1) OF THE BANKRUPTCY AND INSOLVENCY
ACT, R.S.C. 1985 C. B-3, AS AMENDED, AND SECTION 101 OF THE COURTS OF
JUSTICE ACT, R.S.O. 1990 C. C.43, AS AMENDED
MOTION RECORD (Receiver's Motion for Directions Returnable May 2, 2019)
April 26, 2019
TO: SERVICE LIST
BLANEY MCMURTRY LLP
Barristers & Solicitors
2 Queen Street East, Suite 1500
Toronto ON M5C 3G5
Eric Golden LSUC #38239M (416) 593-3927 (Tel)
(416) 593-5437 (Fax)
Email: [email protected]
Chad Kopach LSUC #48084G (416) 593-2985 (Tel)
(416) 593-5437 (Fax)
Email: [email protected]
Lawyers for the Receiver
Rosen Goldberg Inc.
SERVICE LIST
(as at April 26, 2019)
TO:
CHAITONS LLP 5800 Yonge Street, 10th Floor
Toronto, ON M2N 7E9
GEORGE BENCHETRIT
(416) 218-1141 (Tel)
(416) 218-1841 (Fax)
Email: [email protected]
MICHAEL KRIL-MASCARIN
(416) 218-1123 (Tel)
(416) 218-1848 (Fax)
Email: [email protected]
Lawyers for the Applicants
AND TO: ROSEN GOLDBERG
5255 Yonge Street, Suite 804
Toronto, ON M2N 6P4
BRAHM ROSEN
(416) 224-4210 (Tel)
(416) 224 4330 (Fax)
Email: [email protected]
Receiver
AND TO: BRAUTI THORNING LLP
161 Bay Street, Suite 2900
Toronto, ON M5J 2S1
CAITLIN FELL (416) 304-7002 (Tel)
(416) 362-8410 (Fax)
Email: [email protected]
STEVEN WEISZ (416) 304-6522 (Tel)
(416) 362-8410 (Fax)
Email: [email protected]
Lawyers for Skymark I Properties Corporation,
also known as Skymark 1 Properties Corporation
AND TO: MILLER THOMSON LLP
40 King Street West
Suite 5800
Toronto, ON M5H 3S1
JAMES ZIBARRAS (416) 595-2998 (Tel)
(416) 595-8695 (Fax)
Email: [email protected]
Lawyers for Skymark I Properties Corporation,
also known as Skymark 1 Properties Corporation
AND TO: RUBENSTEIN SIEGEL
1210 Sheppard Ave. E.
Suite 701
North York, ON M2K 1E3
JOSHUA J. SIEGEL (416) 499-5252 ext. 227 (Tel)
(416) 499-2290 (Fax)
Email: [email protected]
Lawyers for 1764180 Ontario Ltd.
AND TO: A. PEARLMAN PARALEGAL SERVICES
PROFESSIONAL CORPORATION
75 First Street, Box 213
Orangeville, ON L9W 5B6
ALLEN PERLMAN (519) 943-0590 (Tel)
(519) 943-0591 (Fax)
Email: [email protected]
Representative of
Laser Heating & Air Conditioning Inc.
AND TO: DJD LAW PROFESSIONAL CORPORATION
1186 Eglinton Avenue West
Toronto, ON M6C 2E3
ELI KARP (416) 769-4107 (Tel)
(416) 352-7638 (Fax)
Email: [email protected]
Lawyers for 2455657 Ontario Inc.
AND TO: ONTARIO MINISTRY OF FINANCE
Office of Legal Services
33 King Street West, 6th Floor
Oshawa, Ontario L1H 8H5
KEVIN J. O’HARA
(905) 433-6934 (Tel)
(905) 436-4510 (Fax)
Email: [email protected]
Lawyers for the Ministry of Finance (Ontario)
AND TO: CANADA REVENUE AGENCY
c/o Department of Justice Ontario Regional Office
The Exchange Tower, Box 36
130 King Street, Suite 3400
Toronto, Ontario M5X 1K6
DIANE WINTERS
(416) 973-3172 (Tel)
(416) 973-0810 (Fax)
Email: [email protected]
Lawyers for Canada Revenue Agency
Court File No. CV-18-593698-00CL
ONTARIO
SUPERIOR COURT OF JUSTICE
[COMMERCIAL LIST]
B E T W E E N:
B&M HANDELMAN INVESTMENTS LIMITED, E. MANSON INVESTMENTS
LIMITED, BAMBURGH HOLDINGS LIMITED, 4055845 CANADA INC., JEFFREY
GERTNER, 5K INVESTMENTS INC., 558678 ONTARIO LIMITED, and PAUL
HERBERT PROFESSIONAL CORPORATION INC.. Applicants
- and -
SKYMARK PROPERTIES 1 CORPORATION
also known as SKYMARK PROPERTIES I CORPORATION
Respondent
IN THE MATTER OF SECTION 243(1) OF THE BANKRUPTCY AND INSOLVENCY
ACT, R.S.C. 1985 C. B-3, AS AMENDED, AND SECTION 101 OF THE COURTS OF
JUSTICE ACT, R.S.O. 1990 C. C.43, AS AMENDED
I N D E X
Tab Page
1. Notice of Motion returnable May 2, 2019 ................................................................. 1-8
2. Second Report of the Receiver dated April 26, 2019 ................................................ 9-22
A. Appendix “A” – Appointment Order of Justice McEwen dated March 19, 2018 ..... 23-40
B. Appendix “B” – Approval Order and Sales Approval and Vesting Order of Justice
Dunphy dated June 27, 2018 ......................................................................................
41-56
C. Appendix “C” – First Report of the Receiver dated June 15, 2018 (without
appendices) ................................................................................................................
57-72
D. Appendix “D” – Receiver’s Statement of Receipts and Disbursements ................... 73-74
- 2 -
E. Appendix “E” – Opinion Letter dated April 12, 2019 ............................................... 75-89
F. Appendix “F” – Series of emails between Eric Golden and Eli Karp from March 25,
2019 to April 18, 2019 ...............................................................................................
90-95
G. Appendix “G” – Affidavit of Glenn Estrabillo sworn August 28, 2018 (the
“Estrabillo Affidavit”), with Exhibits 12 to 16 ........................................................
96-126
H. Appendix “H” – Exhibits F, L and P to the Estrabillo Affidavit ............................... 127-154
I. Appendix “I” – Series of emails between Eric Golden and Josh Siegel from
November 16, 2018 to April 8, 2019 .........................................................................
155-188
J. Appendix “J” – Claim for Lien and Certificate of Action of Laser Heating & Air
Conditioning Inc. (“Laser”), and Order of Master Wiebe ........................................
189-198
K. Appendix “K” – Small Claims Court Plaintiff’s Claim of Laser, and Defence of
Skymark Properties I Corporation .............................................................................
199-208
L. Appendix “L” – Fee Affidavit of Brahm Rosen sworn April 9, 2019 ....................... 209-227
M. Appendix “M” – Fee Affidavit of Chad Kopach sworn April 24, 2019 .................... 228-265
N. Appendix “N” – Fee Affidavit of Lawrence Zimmerman affirmed April 15, 2019 .. 266-273
Court File No. CV-18-593698-00CL
ONTARIO
SUPERIOR COURT OF JUSTICE
[COMMERCIAL LIST]
B E T W E E N:
B&M HANDELMAN INVESTMENTS LIMITED, E. MANSON INVESTMENTS
LIMITED, BAMBURGH HOLDINGS LIMITED, 4055845 CANADA INC., JEFFREY
GERTNER, 5K INVESTMENTS INC., 558678 ONTARIO LIMITED, and PAUL
HERBERT PROFESSIONAL CORPORATION INC.. Applicants
- and -
SKYMARK PROPERTIES 1 CORPORATION
also known as SKYMARK PROPERTIES I CORPORATION
Respondent
IN THE MATTER OF SECTION 243(1) OF THE BANKRUPTCY AND INSOLVENCY
ACT, R.S.C. 1985 C. B-3, AS AMENDED, AND SECTION 101 OF THE COURTS OF
JUSTICE ACT, R.S.O. 1990 C. C.43, AS AMENDED
NOTICE OF MOTION
(Receiver's Motion for Directions Returnable May 2, 2019)
Rosen Goldberg Inc., in its capacity as receiver and manager (in such capacity, the
“Receiver”) without security, over lands and premises registered in the name of the Respondent,
Skymark Properties 1 Corporation also known as Skymark Properties I Corporation (“Skymark”
or the “Debtor”), municipally known as 1 William Morgan Drive, Toronto, Ontario (the “WM
Drive Property”), and the remaining assets and undertaking of the Debtor acquired for or used
in relation to the WM Drive Property, will make a motion to a Judge presiding over the
Commercial List, on May 2, 2019, at 10:00 a.m., or as soon thereafter as the motion can be
heard, at 330 University Avenue, Toronto, Ontario.
1
- 2 -
PROPOSED METHOD OF HEARING: The motion is to be heard orally.
THE MOTION IS FOR AN ORDER:
1. if necessary, abridging the time for service of the Receiver’s Motion Record, validating
service of the Motion Record, and dispensing with further service thereof;
2. for directions regarding the surplus funds available for distribution held by the Receiver
from the sale of the WM Drive Property following payout of the Applicants’ first
mortgage, currently estimated in the amount of approximately $236,113, less the fees
and costs of the Receiver from April 3, 2019, and its counsel from on or about April 19,
2019 (the “Surplus Funds”), and regarding a deposit paid by Skymark in the amount of
$100,000.00 in respect of an aborted purchase of a property in Lindsay, Ontario (the
“Lindsay Property”), currently held by the solicitor for the vendor;
3. approving of the activities and proposed activities described in the Receiver’s Second
Report dated April 26, 2019 (the “Second Report”);
4. approving and accepting the Receiver’s Interim Statement of Receipts and Disbursements
for the period from March 19, 2018 to April 25, 2019, as set out in Appendix “D” to the
Second Report;
5. approving the fees and disbursements of the Receiver for the period from March 6, 2018,
to April 2, 2019, the fees and disbursements of Blaney McMurtry LLP (“Blaneys”) for
the period from May 14, 2018, to April 18, 2019, and the fees and disbursements of
Zimmerman & Associates (“Zimmerman”) from March 19 to July 10, 2018, relating to
the closing of the sale of the WM Drive Property;
2
- 3 -
6. in the event that (i) the Canada Revenue Agency (“CRA”) does not issue a clearance
certificate in respect of Skymark prior to the return of the within motion, and/or (ii) the
Court does not make an Order distributing the Surplus Funds, an Order authorizing the
Receiver to file an assignment in bankruptcy on behalf of Skymark;
7. if necessary, amending the Appointment Order to provide authority for the Receiver to
assign Skymark into bankruptcy; and
8. such further and other relief as counsel may advise and this Honourable Court deems just.
THE GROUNDS FOR THIS MOTION ARE:
Background
1. by Order of Justice McEwen dated March 19, 2018 (the “Appointment Order”), Rosen
Goldberg Inc. was appointed receiver and manager over the WM Drive Property, and the
remaining assets and undertaking of the Debtor acquired for or used in relation to the
WM Drive Property;
2. on June 27, 2018, Justice Dunphy made a Sale Approval and Vesting Order for the WM
Drive Property. On the same day, Justice Dunphy made an Approval Order that, among
other things, provided that upon completion of the sale of the WM Drive Property, funds
from the net proceeds of sale be distributed to the Applicants in full satisfaction of their
first mortgage over the WM Drive Property;
3. following the sale of the WM Drive Property on July 9, 2018, the Receiver paid the
Applicants $2,992,439.00, representing the amount owing under their first mortgage;
3
- 4 -
4. the Receiver is currently holding net proceeds of sale of the WM Drive Property totaling
$236,113;
5. the second mortgagee, 2455657 Ontario Corporation (“245 Ontario”), held the second
mortgage over the WM Drive Property in the face amount of $600,000 (the “Second
Mortgage”);
Basis for Motion for Directions
Amount Due Under the 245 Mortgage
6. pursuant to the Receiver’s request for a payout statement and proof of advances regarding
the Second Mortgage, 245 Ontario delivered a payout statement dated April 5, 2019 (the
“Payout Statement”), stating that the indebtedness owing under the Second Mortgage
was $915,770.10, plus a per diem. The Payout Statement states, among other things, that
the Second Mortgage “resulted as part of a loan made to [Arash Missaghi] using [the
WM Drive Property] as collateral to satisfy arrears on another property”. As for proof of
advances, the Receiver was referred to certain paragraphs of the affidavit of Glenn
Estrabillo sworn August 28, 2018 (the “Estrabillo Affidavit”) in another receivership
proceeding;
7. the paragraph of the Estrabillo Affidavit that purports to constitute back up of advances
references five payments in respect of “1 William Morgan” totaling $275,000.00. The
attachments to the Estrabillo Affidavit in respect of these five advances do not include
cheques payable to Skymark. It is not clear how the advances in the Estrabillo Affidavit
support the $915,770.10 purportedly outstanding under the Second Mortgage pursuant to
the Payout Statement;
4
- 5 -
8. the Blaneys security opinion in respect of the Second Mortgage, beyond the usual
qualifications, is dependent on 245 Ontario providing the consideration for the Second
Mortgage, and proving the advances under that mortgage;
The Lindsay Property Deposit
9. the Receiver has become aware that in or about July, 2016, Skymark paid a deposit in the
amount of $100,000.00 in respect of an aborted purchase of the Lindsay Property (the
“Lindsay Property Deposit”). The Lindsay Property Deposit is being held by the
solicitor for the vendor, 1764180 Ontario Ltd. (the “Lindsay Vendor”). Although the
Lindsay Property subsequently sold to another purchaser for an amount greater than that
agreed to by Skymark, the Lindsay Vendor has made a claim for forfeiture of the full
Lindsay Property Deposit pursuant to the terms of the underlying agreement of purchase
and sale. Further, the Lindsay Vendor alleges damages resulting from Skymark’s failure
to close on the Lindsay Property;
10. 245 Ontario has made a claim to the Lindsay Property Deposit, either as a secured
creditor (245 Ontario has, to date, not produced a security agreement in this regard), or as
an unsecured creditor for the shortfall on its Second Mortgage;
11. given the limited nature of the Appointment Order, the Receiver does not appear to have
authority to deal with the Lindsay Property Deposit issue on behalf of Skymark;
Construction Lien Claim
12. as part of the sale of the WM Drive Property, a claim for lien in the amount of $11,756.00
registered by Heating & Air Conditioning Inc. (“Laser”), and the related certificate of
action, were vested off pursuant to the Sale Approval and Vesting Order. As a result of
various and numerous inquiries by the Receiver’s counsel, the Receiver was recently
5
- 6 -
provided with a copy of an Order of Master Wiebe dated July 2, 2015 (the “Wiebe
Order”) pursuant to which, among other things, Laser’s Claim for Lien and related
Certificate of Action were ordered discharged, and the lien action was dismissed;
13. further, Laser had commenced a Small Claims Court action against Skymark seeking
payment of $10,057.28 on account of maintenance and other work done at the WM
Drive Property. This action has been stayed since the Appointment Order;
Bankruptcy Filing
14. apart from the amount potentially due to 245 Ontario pursuant to its Second Mortgage, a
possible CRA claim in respect of HST, the claim of the Lindsay Property Vendor, and
the claim of Laser, the Receiver has no information about any other Skymark creditors of
note. However, the Receiver has not initiated a claims process given the limitations on
the scope of the Receivership over Skymark;
15. in the event CRA does not issue a clearance certificate and the Court determines that
there are amounts owing under the Second Mortgage, the Receiver is requesting the
authority to file an assignment in bankruptcy on behalf of Skymark, with the costs of the
bankruptcy filing funded from the Surplus Funds;
16. similarly, if the Court is not prepared to make an Order distributing the Surplus Funds to
245 Ontario, the Receiver is also requesting the authority to file an assignment in
bankruptcy on behalf of Skymark to expand the receivership to all of Skymark’s assets
and undertaking, and administer some form of claims process in the receivership;
6
- 7 -
Receipts and Disbursements and Professional Fees
17. the Interim Statement of Receipts and Disbursements of the Receiver attached as
Appendix “D” to the Second Report is a fair and accurate representation of the funds
received and disbursed directly by the Receiver since the Appointment Order herein;
18. the Receiver retained Blaneys as its independent counsel in respect of the Receivership.
Zimmerman was retained to process the sale of the WM Drive Property for the Receiver;
19. the fees and disbursements of the Receiver, Blaneys and Zimmerman that are sought to
be approved on this motion are fair and reasonable in the circumstances;
20. section 249 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B.3;
21. Rules 2.03, 3.02, 37 and 41.05 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194;
and
22. such further and other grounds as counsel may advise and this Honourable Court may
permit.
THE FOLLOWING DOCUMENTARY EVIDENCE WILL BE USED ON THE
HEARING OF THE MOTION:
1. the First Report of the Receiver;
2. the Second Report of the Receiver;
3. the Affidavit of Brahm Rosen sworn April 9, 2019;
4. the Affidavit of Chad Kopach sworn April 24, 2019;
5. the Affidavit of Lawrence Zimmerman affirmed April 15, 2019; and,
6. such further and other grounds as counsel may advise and this Honourable Court may
permit.
7
- 8 -
April 26, 2019 BLANEY MCMURTRY LLP
Barristers & Solicitors
2 Queen Street East, Suite 1500
Toronto ON M5C 3G5
Eric Golden LSUC #38239M (416) 593-3927 (Tel)
(416) 593-5437 (Fax)
Email: [email protected]
Chad Kopach LSUC #48084G (416) 593-2985 (Tel)
(416) 593-5437 (Fax)
Email: [email protected]
Lawyers for the Receiver
Rosen Goldberg Inc.
TO:
SERVICE LIST
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Appendix “A”
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Appendix “B”
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
Appendix “C”
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
Appendix “D”
73
74
Appendix “E”
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
Appendix “F”
90
91
92
93
94
95
Appendix “G”
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
Appendix “H”
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
Appendix “I”
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
Appendix “J”
189
LRO # 80 Construction Lien Registered as A T3557481 on 2014 04 14 at 10:06
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 1
Properties
PIN 10369 − 0019 LT Redescription
Description NO CHANGE
Address 1 WILLIAM MORGAN DRIVE
TORONTO
Consideration
Consideration $11,756.22
Claimant(s)
Name LASER HEATING & AIR CONDITIONING INC.
Address for Service c/o 204−1220 Sheppard Avenue East,
Toronto, Ontario M2K 2S5
I, ROBERT LORION, am the agent of the lien claimant and have informed myself of the facts stated in the claim for lien and believe them
to be true.
I, ROBERT LORION, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Statements
Name and Address of Owner Cinderella Productions Inc., 1 William Morgan Drive, Toronto, Ontario M4H 1N6 Name and address of
person to whom lien claimant supplied services or materials Cinderella Productions Inc., 1 William Morgan Drive, Toronto, Ontario M4H
1N6 Time within which services or materials were supplied from 2013/03/21 to 2014/03/21 Short description of services or materials that
have been supplied HVAC and repairs to original system Contract price or subcontract price $11,756.22 (incl. of HST) Amount claimed as
owing in respect of services or materials that have been supplied $11,756.22 (incl. of HST)
The lien claimant claims a lien against the interest of every person identified as an owner of the premises described in said PIN to this lien
Signed By
Jack Copelovici 204−1220 Sheppard Ave. E.
Toronto
M2K 2S5
acting for
Applicant(s)
Signed 2014 04 14
Tel 4164940910
Fax 4164945480
I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
JACK COPELOVICI LAW OFFICE 204−1220 Sheppard Ave. E.
Toronto
M2K 2S5
2014 04 14
Tel 4164940910
Fax 4164945480
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Claimant Client File Number : 32−053 − LASER RECEIVABLES − WILLIAM MOR
190
LRO # 80 Certificate Registered as A T3600898 on 2014 06 06 at 09:30
The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 4
Properties
PIN 10369 − 0019 LT
Description PCL B−2 SEC M736; PT BLK B PL M736 LEASIDE; PT BLK C PL M736 LEASIDE PT 1, 3,
R1083; TORONTO , CITY OF TORONTO
Address TORONTO
Party From(s)
Name LASER HEATING & AIR CONDITIONING INC.
Address for Service c/o 204−1220 Sheppard Avenue East,
Toronto, Ontario M2K 2S5
I, Robert Lorion, have the authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Statements
This document relates to registration no.(s)AT3557481
Schedule: See Schedules
Signed By
Jack Copelovici 204−1220 Sheppard Ave. E.
Toronto
M2K 2S5
acting for Party
From(s)
Signed 2014 06 06
Tel 416−494−0910
Fax 416−494−5480
I have the authority to sign and register the document on behalf of the Party From(s).
Submitted By
JACK COPELOVICI LAW OFFICE 204−1220 Sheppard Ave. E.
Toronto
M2K 2S5
2014 06 06
Tel 416−494−0910
Fax 416−494−5480
Fees/Taxes/Payment
Statutory Registration Fee $60.00
Total Paid $60.00
File Number
Party From Client File Number : 32−053 CINDERELLA CERT OF ACT
191
192
193
194
Court File No. CV-14-505369
ONTARIOSUPERIOR COURT OF JUSTICE
IN THE MATTER OF the Construction Lien Act, R.S.O. 1990, c. C.30
MASTER ) THURSDAY, THE 2^^)) DAY OF JULY, 2015
EEN:
LASER HEATING & AIR CONDITIONING INC.Plaintiff
- and -
CINDERELLA PRODUCTIONS INC., THE EQUITABLE TRUST COMPANY,B & M HANDELMAN INVESTMENTS LTD., E. MANSON INVESTMENTSLIMITED, BANBURGH HOLDINGS LTD., 4055845 CANADA INC., PAUL
HERBERT PROFESSIONAL CORPORATION, 558678 ONTARIO LTD., JEFFREYGERTNER and ROBERT HANDELMAN
Defendants
ORDER
THIS MOTION, made by the Defendants B & M Handelman Investments Ltd., E.
Manson Investments Limited, Banburgh Holdings Ltd., 4055845 Canada Inc., Paul
Herbert Professional Corporation, 558678 Ontario Ltd., Jeffrey Gertner and Robert
Handelman, for an Order was heard this day at the Superior Court of Justice, 393
University Ave, Toronto, Ontario, M5G 1E6.
195
-2-
ON READING the Consent of the Plaintiff Moving Party, filed, and the Affidavit of
Lawrence Zimmerman affirmed June 5, 2015 and exhibits thereto annexed, and
hearing from counsel for the Defendants B & M Handelman Investments Ltd., E.
Manson Investments Limited, Banburgh Holdings Ltd., 4055845 Canada Inc., Paul
Herbert Professional Corporation, 558678 Ontario Ltd., Jeffrey Gertner and Robert
Handelman,
1. THIS COURT ORDERS that the time for service and filing of the Notice of
Motion and the Motion Record is hereby abridged so that this Motion is
properly returnable today and hereby dispenses with further service thereof.
2. THIS COURT ORDERS that any court materials in these proceedings may
be served by emailing a PDF or other electronic copy of such materials to
counsels' email addresses.
3. THIS COURT ORDERS this action is hereby dismissed without costs.
4. THIS COURT ORDERS that the Claim for Lien registered on April 14,
2014 as Instrument No. AT3557481 in the Land Registry Office for the
Registry Division of Toronto as against the lands and premises municipally
known as 1 William Morgan Drive, Toronto, Ontario and more particularly
described as PIN 10369-0019 LT - PCL B-2 SEC M736; PT BLK B PL M736
LEASIDE; PT BLK C PL M736 LEASIDE PT 1, 3, R1083; TORONTO ,
CITY OF TORONTO be and the same is hereby discharged.
5. THIS COURT ORDERS that the Certificate of Action registered on June 6,
2014 as Instrument No. AT3600898 in the Land Registry Office for the
Registry Division of Toronto as against the lands and premises municipally
known as 1 William Morgan Drive, Toronto, Ontario and more particularly
described as PIN 10369-0019 LT - PCL B-2 SEC M736; PT BLK B PL M736
196
-3-
LEASIDE; PT BLK C PL M736 LEASIDE PT 1, 3, R1083; TORONTO ,
CITY OF TORONTO be and the same is hereby vacated.
6. THIS COURT ORDERS that the Moving Party serve this Order on the
Plaintiff forthwith after entry.
ENTERED AT ) INSCRIT ATORONTOON / BOOK NO:LE / DANS LB REGISTRE NO.;
JUL - 2 2015
197
. LASER HEATING & AIR CONDITIONING INC.Plaintiff
B & M HANDELMAN INVESTMENTS LTD. et alDefendants
Court FUe No. CV-14-505369
ONTARIOSUPERIOR COURT OF JUSTICE
Proceeding commenced at Toronto
ORDER
Lawrence F. WallachBarrister and Solicitor302-4580 Dufferin StToronto ON M3H 5Y2
LSUC: 24289A
Tel: (416)661-5600Fax: (416)663-4424
Lawyer for the DefendantsB & M Handelman Investments Ltd.,E. Manson Investments Limited,Banburgh Holdings Ltd., 4055845Canada Inc., Paul Herbert ProfessionalCorporation, 558678 Ontario Ltd.,Jeffrey Gertner and Robert Handelman
198
Appendix “K”
199
200
201
202
203
204
205
206
207
208
Appendix “L”
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
Appendix “M”
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
Appendix “N”
266
267
268
269
270
271
272
273
IN THE MATTER OF SECTION 243(1) OF THE BANKRUPTCY AND INSOLVENCY ACT, R.S.C. 1985 C. B-3, AS AMENDED, AND SECTION 101 OF
THE COURTS OF JUSTICE ACT, R.S.O. 1990 C. C.43, AS AMENDED
Court File No. CV-18-593698-00CL
B&M HANDELMAN INVESTMENTS LIMITED, ET AL.
Applicants
and SKYMARK PROPERTIES 1 CORPORATION, ET AL.
Respondent
ONTARIO
SUPERIOR COURT OF JUSTICE
[COMMERCIAL LIST]
Proceeding commenced at Toronto
MOTION RECORD
(Receiver's Motion for Directions Returnable May 2, 2019)
BLANEY MCMURTRY LLP
Barristers & Solicitors
2 Queen Street East, Suite 1500
Toronto ON M5C 3G5
Eric Golden LSUC #38239M (416) 593-3927 (Tel)
(416) 593-5437 (Fax)
Email: [email protected]
Chad Kopach LSUC #48048G (416) 593-2985 (Tel)
(416) 593-5437 (Fax)
Email: [email protected]
Lawyers for the Receiver, Rosen Goldberg Inc.