Court File No.: CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
EMMANUEL VILLAGE RESIDENCE INC.
Applicant
- and -
ATTORNEY GENERAL OF ONTARIO Applicant
- and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent
MOTION RECORD OF EMMANUEL VILLAGE RESIDENCE INC.
August 17, 2016 DLA PIPER (CANADA) LLP Barristers & Solicitors 1 First Canadian Place 100 King Street West, Suite 6000 P.O. Box 367 Toronto ON M5X 1E2
Bruce Darlington (LSUC# 25310K) [email protected] Tel: 416-365-3529 Fax: 416-369-5210
Jennifer A. Whincup (LSUC# 60326W) [email protected] Tel: 416-365-3425 Fax: 416-369-5240
Lawyers for Emmanuel Village Residence Inc.
CAN: 22443870.1 - 2 -
TO: THORNTON GROUT FINNIGAN LLP Suite 3200, 100 Wellington Street West P.O. Box 329, Toronto-Dominion Centre Toronto, ON M5K 1K7
Leanne M. Williams [email protected] Tel: 416-304-0060 Fax: 416-304-1313
Asim Iqbal [email protected] Tel: 416-304-0595 Fax: 416-304-1313
Lawyers for BDO Canada Limited
AND TO: TORKIN MANES Barristers and Solicitors 151 Yonge Street, Suite 1500 Toronto ON M5C 2W7
Jeff Simpson [email protected] Tel: 416-777-5413 Fax: 1-888-587-9143
Lawyers for HMT Holdings Inc.
AND TO: GOLDMAN SLOAN NASH & HABER LLP Barristers and Solicitors 480 University Avenue, Suite 1600 Toronto ON M5G 1V2
Brendan Bissell [email protected] Tel: 416-597-6489 Fax: 416-597-9922
Lawyers For Sure Mortgage Capital Inc.
CAN: 22443870.1 - 3 -
AND TO: BENNETT JONES LLP 3400 One First Canadian Place P.O. Box 130 Toronto, Ontario M5X 1A4 Canada
Jonathan Bell [email protected] Tel: 416-777-6511 Fax: 416-863-1716
Joseph Blinick [email protected] Tel: 416-777-4828 Fax: 416-863-1716
Plaintiffs in Court File No. CV-10-8597-00CL
AND TO: MINISTRY OF NATIONAL REVENUE c/o Department of Justice Canada Ontario Regional Office The Exchange Tower 130 King Street West Suite 3400, Box 36 Toronto, ON M5X 1K6
Diane Winters / Peter Zevenhuizen [email protected] [email protected]
Tel: 416-973-3172 Fax: 416-973-0810
Lawyers for Canada Revenue Agency
CAN: 22443870.1 - 4 -
AND TO: MINISTRY OF THE ATTORNEY GENERAL Civil Law Division Civil Remedies for Illicit Activities Office (CRIA) 720 Bay Street 8th Floor Toronto, ON M7A 2S9
Gary Valiquette (LSUC#34925M) [email protected] Tel: 416-214-5881 Fax: 416-314-3714
Jennifer Malabar (LSUC#49358M) [email protected] Tel: 416-327-2932 Fax: 416-314-3714
Ronald Carr (LSUC#13341F) [email protected] Tel: 416-326-2704 Fax: 416-326-4181
Counsel for the Attorney General of Ontario
AND TO: MINISTRY OF FINANCE Legal Services Branch 6th Floor, 33 King Street West Oshawa ON L1H 8H5
KEVIN O'HARA [email protected]
Tel: 905-433-6934 Fax: 905-436-4510
AND TO: RETIREMENT HOMES REGULATORY AUTHORITY Office of the Registrar 160 Eglinton Avenue East, Fifth Floor Toronto, ON M4P 3B5
Heather Hogan [email protected]
Tel: 416-487-1223 Fax: 416-440-3570
CAN: 22443870.1 - 5 -
AND TO: KRONIS, ROTSZTAIN, MARGLES, CAPPEL LLP Barristers and Solicitors 25 Sheppard Avenue West, Suite 1100 Toronto ON M2N 6S6
Onofrio Ferlisi [email protected] Tel: 416-225-8750x262 Fax: 416-225-7214
Lawyers For Bank Of Nova Scotia Secured Party
AND TO: RCAP LEASING INC. 5575 North Service Road, Suite 300 Burlington, ON L7L 6M1
Secured Party
CAN: 22443870.1 Court File No.: CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
EMMANUEL VILLAGE RESIDENCE INC.
Applicant
- and -
ATTORNEY GENERAL OF ONTARIO Applicant
- and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent
INDEX
1. Notice of Motion returnable August 19, 2016
2. Affidavit of Judith Ann Hunking, sworn August 17, 2016
A Order of Justice Penny, dated June 24, 2016
B Template Right to Occupy Agreement
3. Affidavit of Alexis Natasha Laura Radojcic, sworn August 17, 2016
A Property Register Search of EVR Property
B Property Register Search of EVH Property
C Order of Justice Penny, dated June 24, 2016
D Order of Justice Sloan, dated June 16, 2016
E Order of Justice Broad, dated June 23, 2016
F Order of Justice Hainey dated July 15, 2016
CAN: 22443870.1 - 2 -
G Order of Justice Newbould dated July 22, 2016
H Order of Justice Conway dated July 22, 2016 in the Kitchener Application
I Order of Justice Conway dated July 22, 2016 in the Toronto Application
J Order of Justice Pattillo, dated July 27, 2016
K Parcel Instrument Number WR53031
L Parcel Instrument Number WR608571
M Parcel Instrument Number WR608873
N Order of Master T.R. Hawkins dated May 8, 2012
4. Affidavit of Tim McGowan, sworn August 17, 2016
5. Draft Order
CAN: 22443870.1 TAB 1 Court File No.: CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
EMMANUEL VILLAGE RESIDENCE INC.
Applicant
- and -
ATTORNEY GENERAL OF ONTARIO Applicant
- and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent
NOTICE OF MOTION OF EMMANUEL VILLAGE RESIDENCE INC.
Emmanuel Village Residence Inc. (“EVR”) will make a Motion to the court on
August 19, 2016 at 9:30 a.m. or as soon after that time as the Motion can be heard at the court house, 330 University Avenue, 8th Floor, Toronto, Ontario, M5G 1R7.
PROPOSED METHOD OF HEARING: The Motion is to be heard orally.
THE MOTION IS FOR:
1. An order: -2-
(a) if necessary, abridging the time for service and filing of this notice of motion
and the motion record and dispensing with further service thereof;
(b) appointing a representative of the EVH Residents (as defined below) for
the limited scope and purpose of representing the interests of the EVH
Residents in the sale of EVR, which is the subject of an approval and
vesting motion scheduled for August 31, 2016;
(c) appointing Oldfield, Greaves, D’Agostino as representative counsel to the
EVH Residents in these proceedings; and
(d) varying the Order of Justice Pattillo, dated July 27, 2016 (the
“Preservation Order”), to permit the Order of Master T. R. Hawkins, dated
May 18, 2012 in Court File No. 04-CV-271509 CM3 (the “CPL Discharge
Order”), to be registered on title to the property described in Schedule “A”
(the “Property”) and deleting instruments WR608571 and WR608873 from
title to the Property in accordance with the CPL Discharge Order; and
2. Such further and other relief as to this Honourable Court may seem just.
THE GROUNDS FOR THE MOTION ARE:
Procedural Background
(a) EVR is the owner and operator of Emmanuel Village in Kitchener, Ontario.
Emmanuel Village is a retirement community that houses between 110 and
130 residents and employs approximately 50 individuals. -3-
(b) EVR operates on the Property, which is municipally known as 1250 Weber
Street East, in Kitchener, Ontario. There are two additional parcels that
share the same municipal address (the “EVH Property”) but are owned by
a separate legal entity, Emmanuel Village Homes (Kitchener) Inc. (“EVH”).
(c) On or about June 10, 2016, EVR commenced an application to appoint a
receiver for the limited purpose of completing a going concern sale of
EVR’s business and the assets, undertaking and property used in relation
to the Business, including all proceeds thereof (collectively, the “Business”)
to a purchaser who is licensed to carry on the Business as a retirement
home at the Commercial List in Toronto under Court File No.:
CV-16-11424-00CL (the “Toronto Application”).
(d) On or about the same date, the AGO commenced an application in
Kitchener, Ontario under Court File No.: C-636-16 (the “Kitchener
Application”) for the civil forfeiture of the Property.
(e) The Kitchener Application and Toronto Application were consolidated by
the orders of Justice Conway dated July 22, 2016, in each of the Kitchener
Application and the Toronto Application, to proceed as a single application
on the Commercial List (the “Consolidated Application”).
The Receivership
(f) On or about June 24, 2016, EVR obtained an order appointing BDO
Canada Limited (“BDO”) as Receiver for the limited purpose of, among
other things, completing a going concern sale of EVR’s Business to a -4-
purchaser (the “Purchaser”) who is licensed to carry on the Business as a
retirement home (the “Appointment Order”).
(g) The Appointment Order empowers the Receiver to, among other things:
(i) to sell, convey, transfer, lease or assign the Property or any part or
parts thereof whether within or out of the ordinary course of business,
and in such case notice under subsection 63(4) of the Ontario
Personal Property Security Act, or section 31 of the Ontario
Mortgages Act, as the case may be, shall not be required, and in
each case the Ontario Bulk Sales Act shall not apply;
(ii) to apply for an order of this Court approving the sale of the Property
or any part thereof (the "Sale Approval Motion") which motion shall
include, among other things, the approval of the Court to complete
the sale; and
(iii) to apply for any vesting order or other orders necessary to convey
the Property or any part or parts thereof to a purchaser or purchasers
thereof, free and clear of any liens or encumbrances affecting such
Property;
(h) On or about Friday, August 12, 2016, EVR entered into an agreement of
purchase and sale to sell substantially all of its assets to the Purchaser (the
“Sale”), subject to Court approval, which is currently scheduled to be heard
on August 31, 2016. -5-
The EVH Residents
(i) EVH owns and operates a series of life-lease townhomes on the EVH
Property.
(j) Residents of the life-lease townhomes (“EVH Residents”) have entered
into a Right to Occupy Agreement with EVH (the “EVH Agreement”). The
terms of the EVH Agreement include the option to pay on a monthly basis
an amenity fee in consideration of receiving some or all of the services
offered by EVR (the “Amenity Option”).
(k) To date, no EVH Residents have exercised the Amenity Option in the EVH
Agreement.
(l) Pursuant to the terms of the Sale, the Purchaser requires that the Amenity
Option be terminated.
(m) To ensure the interests of the EVH Residents are adequately represented
in these proceedings in a cost-effective and timely manner, EVR seeks a
motion:
(i) appointing Nancy Lageer as representative of all of the EVH
Residents in these Proceedings, with the scope and purpose of
such appointment relating to all matters pertaining to the interests of
the EVH Residents in the sale of EVR, which is the subject of a Sale
Approval Motion scheduled for August 31, 2016 (the "Purpose");
and -6-
(ii) appointing Oldfield, Greaves, D’Agostino as representative counsel
with respect to the Purpose
each on the basis as set out in the draft order.
(n) Section 101(1) of the Courts of Justice Act.
(o) Section 4(1) of the Civil Remedies Act, 2001.
(p) Rules 1.04, 2.03, 3.02, 10.01, 12.07 and 37 of the Rules of Civil Procedure.
(q) such further and other grounds as the lawyers may advise.
3. The following documentary evidence will be used at the hearing of the application:
(a) The Affidavit of Judith Ann Hunking, sworn August 17, 2016;
(b) The Affidavit of Alexis Radojcic, sworn August 17, 2016;
(c) The Affidavit of Tim McGowan, sworn August 17, 2016; and
(d) such further and other evidence as the lawyers may advise and this
Honourable Court may permit. -7-
August 17, 2016 DLA PIPER (CANADA) LLP Barristers & Solicitors 1 First Canadian Place 100 King Street West, Suite 6000 P.O. Box 367 Toronto ON M5X 1E2
Bruce Darlington (LSUC# 25310K) Tel: 416-365-3529 Fax: 416-369-5210 [email protected]
Jennifer A. Whincup (LSUC# 60326W) Tel: 416-365-3425 Fax: 416-369-5240 [email protected]
Lawyers for Emmanuel Village Residence Inc. TO: Attached Service List TO: THORNTON GROUT FINNIGAN LLP Suite 3200, 100 Wellington Street West P.O. Box 329, Toronto-Dominion Centre Toronto, ON M5K 1K7
Leanne M. Williams [email protected] Tel: 416-304-0060 Fax: 416-304-1313
Asim Iqbal [email protected] Tel: 416-304-0595 Fax: 416-304-1313
Lawyers for BDO Canada Limited
AND TO: TORKIN MANES Barristers and Solicitors 151 Yonge Street, Suite 1500 Toronto ON M5C 2W7
Jeff Simpson [email protected] Tel: 416-777-5413 Fax: 1-888-587-9143
Lawyers for HMT Holdings Inc.
AND TO: GOLDMAN SLOAN NASH & HABER LLP Barristers and Solicitors 480 University Avenue, Suite 1600 Toronto ON M5G 1V2
Brendan Bissell [email protected] Tel: 416-597-6489 Fax: 416-597-9922
Lawyers For Sure Mortgage Capital Inc. - 2 -
AND TO: BENNETT JONES LLP 3400 One First Canadian Place P.O. Box 130 Toronto, Ontario M5X 1A4 Canada
Jonathan Bell [email protected] Tel: 416-777-6511 Fax: 416-863-1716
Joseph Blinick [email protected] Tel: 416-777-4828 Fax: 416-863-1716
Plaintiffs in Court File No. CV-10-8597-00CL
AND TO: MINISTRY OF NATIONAL REVENUE c/o Department of Justice Canada Ontario Regional Office The Exchange Tower 130 King Street West Suite 3400, Box 36 Toronto, ON M5X 1K6
Diane Winters / Peter Zevenhuizen [email protected] [email protected]
Tel: 416-973-3172 Fax: 416-973-0810
Lawyers for Canada Revenue Agency - 3 -
AND TO: MINISTRY OF THE ATTORNEY GENERAL Civil Law Division Civil Remedies for Illicit Activities Office (CRIA) 720 Bay Street 8th Floor Toronto, ON M7A 2S9
Gary Valiquette (LSUC#34925M) [email protected] Tel: 416-214-5881 Fax: 416-314-3714
Jennifer Malabar (LSUC#49358M) [email protected] Tel: 416-327-2932 Fax: 416-314-3714
Ronald Carr (LSUC#13341F) [email protected] Tel: 416-326-2704 Fax: 416-326-4181
Counsel for the Attorney General of Ontario
AND TO: MINISTRY OF FINANCE Legal Services Branch 6th Floor, 33 King Street West Oshawa ON L1H 8H5
KEVIN O'HARA [email protected]
Tel: 905-433-6934 Fax: 905-436-4510
AND TO: RETIREMENT HOMES REGULATORY AUTHORITY Office of the Registrar 160 Eglinton Avenue East, Fifth Floor Toronto, ON M4P 3B5
Heather Hogan [email protected]
Tel: 416-487-1223 Fax: 416-440-3570 - 4 -
AND TO: KRONIS, ROTSZTAIN, MARGLES, CAPPEL LLP Barristers and Solicitors 25 Sheppard Avenue West, Suite 1100 Toronto ON M2N 6S6
Onofrio Ferlisi [email protected] Tel: 416-225-8750x262 Fax: 416-225-7214
Lawyers For Bank Of Nova Scotia Secured Party
AND TO: RCAP LEASING INC. 5575 North Service Road, Suite 300 Burlington, ON L7L 6M1
Secured Party EMMANUEL VILLAGE ATTORNEY GENERAL OF EMMANUEL VILLAGE RESIDENCE INC. RESIDENCE INC. and ONTARIO and Court File No: CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
Proceeding commenced at Toronto
NOTICE OF MOTION OF EMMANUEL VILLAGE RESIDENCE INC.
DLA PIPER (CANADA) LLP Barristers & Solicitors 1 First Canadian Place 100 King Street West, Suite 6000 P.O. Box 367 Toronto ON M5X 1E2
Bruce Darlington (LSUC# 25310K) [email protected] Tel: 416-365-3529 Fax: 416-369-5210
Jennifer A. Whincup (LSUC# 60326W) [email protected] Tel: 416-365-3425 Fax: 416-369-5240
Lawyers for Emmanuel Village Residence Inc.
CAN: 22465221.1 TAB 2
TAB A
TAB B
TAB 3 Court File No.: CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN:
EMMANUEL VILLAGE RESIDENCE INC.
Applicant
- and -
ATTORNEY GENERAL OF ONTARIO Applicant
- and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent
AFFIDAVIT OF ALEXIS NATASHA LARA RADOJCIC (Sworn August 17, 2016)
I, Alexis Natasha Lara Radojcic, of the City of Toronto, in the province of Ontario,
MAKE OATH AND SAY:
1. I am an articling student at DLA Piper (Canada) LLP, counsel to Emmanuel Village
Residence Inc.("EVR") and, as such, have knowledge of the matters contained in this affidavit.
Where I do not have such personal knowledge, I have identified the source of my information and believe the information to be true. -2-
The Property
2. EVR owns a portion of certain real property municipally known as 1250 Weber Street
East, Kitchener, Ontario (the "Property") and legally described as:
LT 75-81 PL 322 TWP OF WATERLOO; PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 141 STREETS & LANES KITCHENER; PT LT 142 STREETS & LANES KITCHENER (FORMERLY PT HERMAN AV & PT AUBURN AV PL 322, CLOSED BY 210008)PT 1, 2, 3, 4, 5, 6, 7, 58R13759; S/T & T/W 1566343; S/T 1404828, 1559347, 1563157; KITCHENER
(the "EVR Property"). Attached as Exhibit "A" is a copy of the property register search in
respect of the EVR Property.
3. The registered owner of the remainder of the Property legally described as:
LT 57-67, 72-73 PL 322 TWP OF WATERLOO; PT LT 55-56, 68-71, 74 PL 322 TWP OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 142 STREETS & LANES KITCHENER (FORMERLY PT PROSPECT AVE & PT AUBURN AVE PL 322, CLOSED BY BYLAW 210008) PT 11, 12 & 13, 58R-13759; S/T & T/W 1566343; S/T 634937; S/T 1559347; KITCHENER
PT LT 35-38, 51-54 PL 322 TWP OF WATERLOO PT 8, 9, 10, 58R13579; S/T & T/W 1566343; S/T 1404828; KITCHENER
(the "EVH Property") is a separate legal entity, Emmanuel Village Homes (Kitchener) Inc.
("EVH"). Attached as Exhibit "B" is a copy of the property register searches in respect of the
EVH Property.
The Applications
4. On or about June 10, 2016, EVR commenced an application to appoint a receiver for the
limited purpose of completing a going concern sale of EVR's business and the assets,
undertaking and property used in relation to the business, including all proceeds thereof
(collectively, the "Business") to a purchaser who is licensed to carry on the Business as a
retirement home at the Commercial List in Toronto under Court File No.: CV-16-11424-00CL -3-
(the "Toronto Application"). Attached as Exhibit "C" is a copy of the order of Justice Penny
dated June 24, 2016 appointing BDO Canada Limited as Receiver.
5. On or about the same date, the Attorney General of Ontario (the "AGO") commenced a
civil forfeiture application in Kitchener, Ontario under Court File No.: C-636-16 (the "Kitchener
Application") in respect of the Property. Pursuant to the Kitchener Application, the AGO
sought and obtained a temporary preservation order under the Civil Remedies Act that placed a
"No Dealings" notation on title to the EVR Property on an ex parte basis (the "Preservation
Order"). Attached as Exhibit "D" is a copy of the Preservation Order.
6. The Preservation Order was subsequently amended by the Order of Justice Broad, dated
June 23, 2016, a copy of which is attached as Exhibit "E" and extended to August 8, 2016 by
the Order of Mr. Justice Hainey on July 15, 2016, a copy of which is attached as Exhibit "F".
7. The Kitchener Application was transferred to the commercial list by the Order of Justice
Newbould, dated July 22, 2013. Attached as Exhibit "G" is a copy of the Order of Justice
Newbould.
8. On that same date, the Kitchener Application and Toronto Application were consolidated
by the Orders of Justice Conway in each of the Kitchener Application and the Toronto
Application to proceed as a single application on the Commercial List. Attached as Exhibits
"H" and "I" are copies of the Orders of Justice Conway in the Kitchener Application and the
Toronto Application, respectively.
9. Pursuant to the Order of Justice Pattillo dated July 27, 2016, the parties obtained a
permanent preservation order under the Civil Remedies Act that continued the "No Dealings"
notation on title to the EVR Property. Attached as Exhibit "J" is a copy of the Order of
Pattillo J. dated July 27, 2106. -4-
The CPL Registered on the EVR Property
10. On or about July 7, 2004, a certificate of pending litigation ("CPL") in Court File No.:
04-CV-271509 CM3 (the "CPL Action") was registered on title to the EVR Property under
instrument number WR53031. Attached as Exhibit "K" is a copy of instrument number WR53031.
11. On April 15, 2011, an Application to Register a Court Order was registered on title to
the EVR Property, relating to instrument number WR53031 as instrument WR608571. This
instrument registered the Order of Justice Strathy dated April 14, 2011 (the "CPL Amended
Order") in the CPL Action, amending the Order of Justice Strathy dated March 11, 2011 (the
"CPL Order") in the CPL Action. Attached as Exhibit "L" is a copy of instrument WR608571,
attaching the CPL Amended Order and the CPL Order.
12. On April 18, 2011 an Application to Register a Court Order was registered on title to the
EVR Property, relating to instrument number WR53031 as instrument WR608873. This
instrument also registered the CPL Amended Order in the CPL Action, amending the CPL Order.
Attached as Exhibit"M" is a copy of instrument WR608873.
13. On or about July 19, 2012, the Order of Master T.R. Hawkins, dated May 8, 2012 in the
CPL Action, was registered on title to the EVR Property as instrument number WR702248.
This instrument deleted instrument number WR53031. Attached as Exhibit "N" is a copy of
the Order of Master T.R. Hawkins in the CPL Action.
14. Despite the underlying CPL being discharged and deleted from title to the EVR Property,
instruments number WR608571 and WR608873, which relate to instrument WR53031, were not
deleted.
15. EVR is not able to correct this error due to the "No Dealings" notation that has been registered on the EVR Property pursuant to the preservation orders. -5-
16. Lifting the "No Dealings" notation on the EVR Property will allow EVR to delete two instruments that need not be on title any longer as the underlying CPL was discharged.
SWORN BEFORE ME at the City of Toronto in the Province of Ontario on August 17, 2016
ssioner for Taking Affidavits AL JCIC (or as may be) JENNIFER WHINCUP TAB A This is Exhibit A to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
sioner for taking affidavits etc. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 6 V Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0352 (LT) ON 2016/06/07 AT 14:57:00 CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT SUBJECT TO RESERVATIONS IN CROWN GRANT
PROPERTY DESCRIPTION: LT 75-81 PL 322 TWP OF WATERLOO; PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 141 STREETS & LANES KITCHENER; PT LT 142 STREETS & LANES KITCHENER (FORMERLY PT HERMAN AV & PT AUBURN AV PL 322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7, 58R13759; S/T & T/W 1566343; S/T 1404828, 1559347, 1563157; KITCHENER
PROPERTY REMARKS: PLANNING ACT CONSENT AS IN 1566343. PLANNING ACT CONSENT AS IN 1404878.
ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE RE-ENTRY FROM 22565-0698 2003/03/17 LT CONVERSION QUALIFIED OWNERS' NAMES CAPACITY SHARE EMMANUEL VILLAGE RESIDENCE INC. BEND
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
** PRINTOUT INCLUDES ALL DOCUMENT TYPES AN DELETED INSTRUME TS SINCE: 2003/03/14 **
**SUBJECT, ON FIRST REGISTRATION UNDER THE AND TITLES ACT, O.
SUBSECTION 44(1) OF THE LAND TI1LES ACT, EXCEPT P GRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES *
AND ESCHEATS OR FORFEITURE TO THE CROWN.
** THE RIGHTS dF ANY PERSON WHO WOJLD, BUT FOR THE TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF
** IT THROUGH LENGTH OF ADVERSE PO SESSION, PRESCRIP ION, MISDESCRIPTION OR BOUNDARIES SETTLED BY
** CONVENTION.
** ANY LEASE TO WHICH THE SUBSECTION 70(2) OF THE REGISTRY ACT APPLIES.
**DATE OF CONVERSION TO LAND TITLES: 2003/ 3/17 **
533133 1974/11/28 BYLAW C
534010 1974/12/11 BYLAW C
771934 1984/01/10 NOTICE OF LEASE DELETED AGAINST THIS PROPERTY *** COINAMATIC CANADA INC.
794914 1984/10/25 AGREEMENT COMPLETELY DELETED ... CITY OF KITCHENER
824346 1985/09/16 NOTICE OF LEASE *** DELETED AGAINST THIS PROPERTY *** COINAMATIC CANADA INC.
58R11351 1998/06/24 PLAN REFERENCE C
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 2 OF 6 i/x" Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0352 (LT) ON 2016/06/07 AT 14:57:00 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
1385324 1998/06/30 AGREEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. THE CORPORATION OF THE CITY OF KITCHENER C REMARKS: DEVELOPMENT AGREEMENT
58R11552 1998/11/09 PLAN REFERENCE C
58R11578 1998/11/24 PLAN REFERENCE C
1404828 1998/12/16 TRANSFER EASEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. ROGERS CABLESYSTEMS LIMITED
1412382 1999/03/18 AGREEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. THE CORPORATION OF THE CITY OF KITCHENER REMARKS: INST. # 1385324
1439716 1999/11/09 NOTICE OF LEASE *** DELETED AGAINST THIS PROPERTY ... EMANUEL VILLAGE HOMES (KITCHENER) INC. HUNKING, WILLIS HUNKING, MARION
1439717 1999/11/09 CHARGE *** DELETED AGAINST THIS PROPERTY *** HUNKING, WILLIS THE TORONTO-DOMINION BANK HUNKING, MARION
1559347 2002/10/01 TRANSFER EASEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. ROGERS CABLE INC. C
58R13759 2002/10/22 PLAN REFERENCE C RE '•KS: INST. 1337332, 1404878
1563157 2002/11/04 TRANSFER EASEMENT $1 EMMANUEL VILLAGE HOMES (KITCHENER) INC. THE REGIONAL MUNICIPALITY OF WATERLOO C
1566343 2002/12/03 TRANSFER $9,000,000 EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL VILLAGE RESIDENCE INC. C RE RKS: CONSENT RE: PLANNING ACT STATEMENT
1566344 2002/12/03 AGREEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL VILLAGE RESIDENCE INC. C
1566345 2002/12/03 CHARGE *** DELETED AGAINST THIS PROPERTY *** EMMANUEL VILLAGE RESIDENCE INC. ROMSPEN INVESTMENT CORPORATION
1566346 2002/12/03 ASSIGNMENT GENERAL ** DELETED AGAINST THIS PROPERTY **. EMMANUEL VILLAGE RESIDENCE INC. ROMSPEN INVESTMENT CORPORATION RE RKS: RENTS RE: 1566345
LT106680 2003/03/18 RELEASE COMPLETELY DELETED *** CITY OF KITCHENER
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 3 OF 6 (17- Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0352 (LT) ON 2016/06/07 AT 14:57:00 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHAD
REMARKS: RE: 79,4914
LT149812 2003/10/21 CONSTRUCTION LIEN *.. COMPLETELY DELETED *** VAN-DEL CONTRACTING LTD.
WR6226 2003/12/05 CERTIFICATE *** COMPLETELY DELETED *** VAN-DEL CONTRACTING LTD. EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL VILLAGE RESIDENCE INC. REMARKS: RE: LTr149812
WR53031 2004/07/07 APL (GENERAL) *** COMPLETELY DELETED *** 1459671 ONTARIO INC. EMMANUEL VILLAGE HOMES (KITCHENER) INC. 1459672 ONTARIO INC. EMMANUEL VILLAGE RESIDENCE INC. 1459673 ONTARIO INC. EMMANUEL VILLAGE MANAGEMENT INC. SINGH, AJINDRAPAL COMMONWEALTH CAPITAL CORPORATION CHOWDRY, RAJESH 1488583 ONTARIO INC. BAJAJ, INDERPAL 1553748 ONTARIO INC. 1553749 ONTARIO INC. 1459649 ONTARIO INC. HUNKING, BRIAN RE RKS: CERTIFICATE OF PENDING LITIGATION
WR58983 2004/07/29 LIEN *** COMPLETELY DELETED *** HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF NATIONAL REVENUE RIARKS: INCOME TAX ACT
WR123879 2005/05/12 APL (GENERAL) THE CORPORATION OF THE CITY OF KITCHENER C RE RKS: PARTIAL RELEASE OF 1385324
WR155076 2005/09/09 APL (GENERAL) *** COMPLETELY DELETED **. WARDLEY, MARK MITTON, BLAINE MARSHALL, BARBARA GIBB, BLAKE EXLEY, CAROL REI RKS: CERTIFICATE PENDING LITIGATION
WR188700 2006/01/23 APL (GENERAL) *** COMPLETELY DELETED *** MITTON, BLAINE GIBB, BLAKE
WR214465 2006/05/18 LIEN *** COMPLETELY DELETED ***
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. raj PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 4 OF 6 i/x" Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0352 (LT) ON 2016/06/07 AT 14:57:00 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF NATIONAL REVENUE REMARKS: NOTICE' OF LIEN PURSUANT TO SUBSECTION 316(4) 6 (5) OF THE EXCISE TAX ACT
WR310292 2007/07/13 DISCHARGE INTEREST *** COMPLETELY DELETED ... HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF NATIONAL REVENUE REMARKS: RE: WR214465
WR364024 2008/02/21 APL COURT ORDER .. COMPLETELY DELETED *** EMMANUEL VILLAGE RESIDENCE INC. LAGEER, ELLIS EMMANUEL VILLAGE HOMES (KITCHENER) INC.
WR364057 2008/02/21 DISCH OF CHARGE *** COMPLETELY DELETED **. THE TORONTO-DOMINION BANK REMARKS: RE: 1439717
WR368305 2008/03/13 APL COURT ORDER *** COMPLETELY DELETED *** EMMANUEL VILLAGE RESIDENCE INC. LAGEER, ELLIS EMMANUEL VILLAGE HOMES (KITCHENER) INC.
WR368306 2008/03/13 APL (GENERAL) *** COMPLETELY DELETED *** LAGEER, ELLIS RE 'RKS: DELETES WR364024
WR425153 2008/11/04 DISCHARGE INTEREST *** COMPLETELY DELETED *** HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF NATIONAL REVENUE RE 'RKS: RE: WR58983
WR459096 2009/05/04 NOTICE HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO C RE '.KS: AIRPORT ZONING REGULATIONSI
WR606752 2011/04/07 LR'S ORDER LAND REGISTRAR, IRO NO. 58 C REMARKS: AMEND PROPERTY DESCRIPTION
WR608566 2011/04/15 APL (GENERAL) *** COMPLETELY DELETED *** EMMANUEL VILLAGE RESIDENCE INC. REMARKS: 771934, 824346, 1439716
WR608567 2011/04/15 APL COURT ORDER COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC.
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 5 OF 6 Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0352 (LT) ON 2016/06/07 AT 14:57:00 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHAD
WR608568 2011/04/15 APL COURT ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC.
WR608569 2011/04/15 APL COURT ORDER *** DELETED AGAINST THIS PROPERTY *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. REMARKS: LT149812, WR6226, WR368505
WR608570 2011/04/15 APL COURT ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC.
WR608571 2011/04/15 APL COURT ORDER ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. C
WR608627 2011/04/15 CHARGE *** COMPLETELY DELETED *** EMMANUEL VILLAGE RESIDENCE INC. HOME TRUST COMPANY
WR608628 2011/04/15 NO ASSGN RENT GEN *** COMPLETELY DELETED **. EMMANUEL VILLAGE RESIDENCENCE INC. HOME TRUST COMPANY REMARKS: WR608627.
WR608758 2011/04/18 DISCH OF CHARGE *** COMPLETELY DELETED *** ROMSPEN INVESTMENT CORPORATION RENIARKS, 1566345.
WR608873 2011/04/18 APL COURT ORDER ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. C
WR702248 2012/07/19 APL AMEND ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. RE ARKS: DELETING WR53031
W5749682 2013/04/19 APL AMEND ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. REMARKS: DELETE WR155076
WR749683 2013/04/19 APL AMEND ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAE RESIDENCE INC. RE KS: DISCHA GE & VACATE LT149812; VACATES WR6226 WR368305;
WR749684 2013/04/19 APL AMEND ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. REMARKS: DELETING WR608567, WR608570, WR608568
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER P> LAND PAGE 6 OF 6 i/x" Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE 458 22565-0352 (LT) ON 2016/06/07 AT 14:57:00 CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO Malt.
WR750603 2013/04/26 CHARGE *** COMPLETELY DELETED ... EMMANUEL VILLAGE RESIDENCE INC. COMPUTERSHARE TRUST COMPANY OF CANADA
WR750604 2013/04/26 NO ASSGN RENT GEN COMPLETELY DELETED ... EMMANUEL VILLAGE RESIDENCE INC. COMPUTERSHARE TRUST COMPANY OF CANADA REMARKS: WR750603-RENTS
WR750820 2013/04/26 APL AMEND ORDER *** COMPLETELY DELETED ... ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) MITTON, BLAINE GIBB, BLAKE RE RKS: DELETI G WR188700
WR758993 2013/06/12 LR'S ORDER *** COMPLETELY DELETED .** LAND REGISTRAR, LRO NO. 58 RE RKS: WR6085.9
WR779504 2013/09/23 DISCH OF CHARGE *** COMPLETELY DELETED **. HOME TRUST COMPANY RE RKS: WR6086 7.
WR821198 2014/06/12 CHARGE $13,675,000 EMMANUEL VILLAGE RESIDENCE INC. HMT HOLDINGS INC. C
W R821199 2014/06/12 NO ASSGN RENT GEN EMMANUEL VILLAGE RESIDENCE INC. HMT HOLDINGS INC. C RE KS: WR8211 8.
W R821246 2014/06/12 CHARGE $138,500 EMMANUEL VILLAGE RESIDENCE INC. SURE MORTGAGE CAPITAL INC. C
W R821247 2014/06/12 NO ASSGN RENT GEN EMMANUEL VILLAGE RESIDENCE INC. SURE MORTGAGE CAPITAL INC. C RE KS: WR8218 6
WR821858 2014/06/16 DISCH OF CHARGE *** COMPLETELY DELETED *** COMPUTERSHARE TRUST COMPANY OF CANADA RE KS: WR7506 3.
W R938102 2016/02/25 NOTICE EMMANUEL VILLAGE RESIDENCE INC. HMT HOLDINGS INC. C RE KS: WR8211,98
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. TAB B This is Exhibit B to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
K missioner for taking affidavits etc. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 5 Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0351 (LT) ON 2016/07/06 AT 10:38:19 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
PROPERTY DESCRIPTION. LT 57-67, 72-73 PL 322 TWP OF WATERLOO; PT LT 55-56, 68-71, 74 PL 322 TWP OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 142 STREETS & LANES KITCHENER (FORMERLY PT PROSPECT AVE & PT AUBURN AVE PL 322, CLOSED BY BYLAW 210008) PT 11, 32 & 13, 58R-13759; S/T & T/W 1566343; S/T 634937; S/T 1559347; KITCHENER
PROPERTY REMARKS; PLANNING ACT CONSENT AS IN 1404878.
ESTATE/QUALIFIER; RECENTLY: PIN CREATION DATE: FEE SIMPLE RE-ENTRY FROM 22565-0697 2003/03/17 LT CONVERSION QUALIFIED OWNERS' NAMES CAPACITY SHARE EMMANUEL VILLAGE HOMES (KITCHENER) INC. BEND
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
** PRINTOUT(7 INCLUDES A DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE: 2003/03/14 **
**SUBJECT, ON FIRST REG STRATION UNDER THE D TITLES ACT, L:
** SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES .
AND ESCHEAT OR FORFEITURE TO THE CROWN.
** THE RIGHTS OF ANY PERSON WHO WOILD, BUT FOR THE LAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF
** IT THROUGH LENGTH OF ADVERSE POSSESSION, PRESCRIP ION, MISDESCRIPTION OR BOUNDARIES SETTLED BY
** CONVENTION.
** ANY LEASE T WHICH THE SUBSECTION 70(2) OF THE REGISTRY ACT APPLIES.
**DATE OF dONVERSION TO LAND TITLES: 2003/03/17 **
NOTE: THE NO DEALINGS I dICATOR IS IN EFFE T ON THIS PROPERT
Z585395 1976/12/08 REST COV APL ANNEX C
771934 1984/01/10 NOTICE OF LEASE COINAMATIC CANADA INC. C
794914 1984/10/25 AGREEMENT *.* COMPLETELY DELETED *** CITY OF KITCHENER
824346 1985/09/16 NOTICE OF LEASE COINAMATIC CANADA INC. C
58R11578 1998/11/24 PLAN REFERENCE C
1404878 )4:98/12/16 TRANSFER $319,000 EMMANUEL BIBLE COLLEGE EMMANUEL VILLAGE HOMES (KITCHENER) INC. C RE KS: PLANNI G ACT STATEMENTS, RECITALS & CONSENT HE: THE PLANNING ACT.
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 2 OF 5 Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0351 (LT) ON 2016/07/06 AT 10:38:19 CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
CORRECTIONS: 'TRANSFEREE' CHANGED F OM 'EMMANUEL VILL GE HOMES (KITCHENER) INC' TO 'EMMANUEL VILLAGE HOMES (KITCHEN ) INC.' ON 2003/02/20 BY SANDESH KUNER.
1404879 1998/12/16 CHARGE $539,000 EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL BIBLE COLLEGE C HOFFMAN FEEDS LIMITED
1404881 1998/12/16 CHARGE $500,000 EMMANUEL VILLAGE HOMES (KITCHENER) INC TURFPRO INVESTMENTS INC C
1412382 1999/03/18 AGREEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. THE CORPORATION OF THE CITY OF KITCHENER C REMARKS: INST. # 1385324
1435211 1999/10/01 CHARGE $800,000 EMMANUEL VILLAGE HOMES (KITCHENER) INC. TURFPRO INVESTMENTS INC. C 9016-6075 QUEBEC INC. CAMPBELL, GEORGE
1439716 1999/11/09 NOTICE OF LEASE $140,540 EMANUEL VILLAGE HOMES (KITCHENER) INC. HUNKING, WILLIS C HUNKING, MARION
1439717 1999/11/09 CHARGE *** DELETED AGAINST THIS PROPERTY *** HUNKING, WILLIS THE TORONTO-DOMINION BANK HUNKING, MARION
1494914 2001/05/02 TRANSFER OF CHARGE EMMANUEL BIBLE COLLEGE COMMONWEALTH CAPITAL CORPORATION C RE EKS: 140487
1517958 2001/11/08 CHARGE *** DELETED AGAINST THIS PROPERTY *** EMMANUEL VILLAGE HOMES (KITCHERER) INC. 1488583 ONTARIO INC.
1551460 2002/08/07 TRANSFER OF CHARGE HOFFMAN FEEDS LIMITED TURFPRO INVESTMENTS INC. C RE KS: RECITALS 1404879
1559347 2002/10/01 TRANSFER EASEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. ROGERS CABLE INC. C
58813759 2002/10/22 PLAN REFERENCE C RE RKS: INST. 1337332, 1404878
1564465 2002/11/15 TRANSFER OF CHARGE COMMONWEALTH CAPITAL INC. AM-STAT CORPORATION C RE KS, ASSIGNS CHARGE # 1404879
1566344 2002/12/03 AGREEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL VILLAGE RESIDENCE INC. C
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 3 OF 5 Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0351 (LT) ON 2016/07/06 AT 10:38:19 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT SUBJECT TO RESERVATIONS IN CROWN GRANT * CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD 1566347 2002/12/03 TRANSFER OF CHARGE TURFPRO INVESTMENTS INC. COMMONWEALTH CAPITAL CORPORATION C REMARKS: RE: 1404879
1566348 2002/12/03 TRANSFER OF CHARGE AM-STAT CORPORATION COMMONWEALTH CAPITAL CORPORATION C RE KS: RE: 14 4879, 1564465
1566350 2002/12/03 TRANSFER OF CHARGE TURFPRO INVESTMENTS INC. COMMONWEALTH CAPITAL CORPORATION C RE RKS: RE: 1435211
1566354 2002/12/03 TRANSFER OF CHARGE TURFPRO INVESTMENTS INC. COMMONWEALTH CAPITAL CORPORATION C RE 'IRKS: RE: 1404881
LT106680 2003/03/18 RELEASE *** COMPLETELY DELETED *** CITY OF KITCHENER RE 'RKS: RE: 79 914
LT149812 2003/10/21 CONSTRUCTION LIEN **. COMPLETELY DELETED *** VAN-DEL CONTRACTING LTD.
WR6226 2003/12/05 CERTIFICATE *** COMPLETELY DELETED *** VAN-DEL CONTRACTING LTD. EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL VILLAGE RESIDENCE INC. RE ..KS: RE: L 49812
WR53033 2004/07/07 APL (GENERAL) COMPLETELY DELETED *** 1459671 ONTARIO INC. EMMANUEL VILLAGE HOMES (KITCHENENER) INC. 1459672 ONTARIO INC. EMMANUEL VILLAGE RESIDENCE INC. 1459673 ONTARIO INC. EMMANUEL VILLAGE MANAGEMENT INC. SINGH, AJINDRAPAL COMMONWEALTH CAPITAL CORPORATION CHOWDRY, RAJESH 1488583 ONTARIO INC. BAJAJ, INDERPAL 1553748 ONTARIO INC. 1553749 ONTARIO INC. 1459649 ONTARIO INC. HUNKING, BRYAN RErKS: CERTI ICATE OF PENDING LITIGATION
WR123812 2005/05/12 SEIZURE OF CHARGE SHERIFF OF THE REGIONAL MUNICIPALITY OF WATERLOO C RE RKS: SEIZURE OF INTEREST OF COMMONWEALTH CAPITAL CORPORATION IN NO. 1404879, 1404881 & 1435211
WR155076 2005/09/09 APL (GENERAL) COMPLETELY DELETED *** WARDLEY, MARK MITTON, BLAINE MARSHALL, BARBARA
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 4 OF 5 t/- Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0351 (LT) ON 2016/07/06 AT 10:38:19 CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHEM
GIBB, BLAKE EXLEY, CAROL REMARKS, CERTIFICATE PENDING LITIGATION
WR188700 2006/01/23 APL (GENERAL) *** COMPLETELY DELETED *** MITTON, BLAINE GIBS, BLAKE
WR214467 2006/05/18 LIEN $697,425 HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY C THE MINISTER OF NATIONAL REVENUE REMARKS: NOTICE OF LIEN PURSUANT TO SUBSECTION 316 (4, & (5) OF THE EXCISE TAX ACT
WR341300 2007/11/02 DISCH OF CHARGE *** COMPLETELY DELETED *** 1488583 ONTARIO INC. RE RKS: RE: 15117958
WR364024 2008/02/21 APL COURT ORDER *** COMPLETELY DELETED *** EMMANUEL VILLAGE RESIDENCE INC. LAGEER, ELLIS EMMANUEL VILLAGE HOMES (KITCHENER) INC.
WR364057 2008/02/21 DISCH OF CHARGE *** COMPLETELY DELETED **. THE TORONTO-DOMINION BANK RE RKS, RE: 1439717
WR368305 2008/03/13 APL COURT ORDER *** COMPLETELY DELETED *** EMMANUEL VILLAGE RESIDENCE INC. LAGEER, ELLIS EMMANUEL VILLAGE HOMES (KITCHENER) INC.
WR368306 2008/03/13 APL (GENERAL) *** COMPLETELY DELETED ... LAGEER, ELLIS REMARKS, DELETES WR364024
WR459096 2009/05/04 NOTICE HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO C RE ARKS, AIRPORT ZONING REGULATIONS
WR608567 2011/04/15 APL COURT ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC.
WR608569 2011/04/15 APL COURT ORDER ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. C REN(ARKS: LT1498 2, WR6226, WR368505
WR608570 2011/04/15 APL COURT ORDER *** COMPLETELY DELETED ***
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. raj PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 5 OF 5 i/x" Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0351 (LT) ON 2016/07/06 AT 10:38:19 CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC.
WR702248 2012/07/19 APL AMEND ORDER ..* COMPLETELY DELETED *.. ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. RE RKS: DELETIVG WR53033
WR749682 2013/04/19 APL AMEND ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. REMARKS: DELETE WR155076
WR749683 2013/04/19 APL AMEND ORDER *** COMPLETELY DELETED **. ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAE RESIDENCE INC. RE RKS: DISC "GE & VACATE LT149812; VACATES WR6226 & WR368305;
WR749684 2013/04/19 APL AMEND ORDER *** COMPLETELY DELETED *** ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. RE KS: DELETI G WR608567, WR608570, WR608568
WR750820 2013/04/26 APL AMEND ORDER COMPLETELY DELETED **. ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) MITTON, BLAINE GIBE, BLAKE RE RKS: DELETIEG WR188750
WR961087 2016/06/24 RESTRICTIONS ORDER ONTARIO SUPERIOR COURT OF JUSTICE ATTORNEY GENERAL OF ONTARIO
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. raj PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 4 Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0349 (LT) ON 2016/07/06 AT 10:39:09 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT SUBJECT TO RESERVATIONS IN CROWN GRANT .
PROPERTY DESCRIPTION: PT LT 35-38, 51-54 PL 322 TWP OF WATERLOO PT 8, 9, 10, 58R13579; S/T & T/W 1566343; S/T 1404828; KITCHENER
PROPERTY REMARKS:
ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE RE-ENTRY FROM 22565-0696 2003/03/17 LT CONVERSION QUALIFIED
OWNERS' NAMES CAPACITY SHARE EMMANUEL VILLAGE HOMES (KITCHENER) INC. BENG
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CURD
** PRINTOUT INCLUDES A.EiL DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE: 2003/03/14 ** **SUBJECT, ON FIRST REG STRATION UNDER THE LAND TITLES ACT, TO: SUBSECTION 4114(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES • ** AND ESCHEAT OR FORFEITURE TO THE CROWN.
** THE RIGHTS of ANY PERSON WHO WOILD, BUT FOR THE LJAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF
IT THROUGH ENGTH OF ADVERSE POSSESSION, PRESCRIPTION, MISDESCRIPTION OR BOUNDARIES SETTLED BY CONVENTION.
** ANY LEASE To WHICH THE SUBSECTION 70(2) OF THE REGISTRY ACT APPLIES. **DATE OF CONVERSION TO LAND TITLES: 2003/03/17 ** NOTE: THE 0 DEALINGS DICATOR IS IN EFFECT ON THIS PROPERTY
1337332 1997/05/16 TRANSFER $192,500 690121 ONTARIO LIMITED EMMANUEL VILLAGE HOMES (KITCHENER) INC. C PILLER, TONY - IN TRUST
58R11351 1998/06/24 PLAN REFERENCE C
1385324 1998/06/30 AGREEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. THE CORPORATION OF THE CITY OF KITCHENER C RE RES: DEVELOPMENT AGREEMENT
1404828 1998/12/16 TRANSFER EASEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. ROGERS CABLESYSTEMS LIMITED C
1404879 1998/12/16 CHARGE $539,000 EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL BIBLE COLLEGE C HOFFMAN FEEDS LIMITED
1404881 1998/12/16 CHARGE $500,000 EMMANUEL VILLAGE HOMES (KITCHENER) INC TURFPRO INVESTMENTS INC C
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 2 OF 4 Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0349 (LT) ON 2016/07/06 AT 10:39:09 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO cHKD
1412382 1999/03/18 AGREEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. THE CORPORATION OF THE CITY OF KITCHENER REMARKS: INST. # 1385324
1435211 1999/10/01 CHARGE $800,000 EMMANUEL VILLAGE HOMES (KITCHENER) INC. TURFPRO INVESTMENTS INC. C 9016-6075 QUEBEC INC. CAMPBELL, GEORGE
1439716 1999/11/09 NOTICE OF LEASE $140,540 EMANUEL VILLAGE HOMES (KITCHENER) INC. HONKING, WILLIS C HONKING, MARION
1439717 1999/11/09 CHARGE *** DELETED AGAINST THIS PROPERTY *** HONKING, WILLIS THE TORONTO-DOMINION BANK HONKING, MARION
1494914 2001/05/02 TRANSFER OF CHARGE EMMANUEL BIBLE COLLEGE COMMONWEALTH CAPITAL CORPORATION C RE5ARKS: 1404879
1517958 2001/11/08 CHARGE DELETED AGAINST THIS PROPERTY *** EMMANUEL VILLAGE HOMES (KITCHERER) INC. 1488583 ONTARIO INC.
1551460 2002/08/07 TRANSFER OF CHARGE HOFFMAN FEEDS LIMITED TURFPRO INVESTMENTS INC. C RE KS: RECITALS 1404879
58R13759 2002/10/22 PLAN REFERENCE RE RKS: INST. # 1337332, 1404878
1 564465 2002/11/15 TRANSFER OF CHARGE COMMONWEALTH CAPITAL INC. AM-STAT CORPORATION RE KS: ASSIG S CHARGE # 1404879
1566344 2002/12/03 AGREEMENT EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL VILLAGE RESIDENCE INC.
1566347 2002/12/03 TRANSFER OF CHARGE TURFPRO INVESTMENTS INC. COMMONWEALTH CAPITAL CORPORATION REMARKS: RE: 1404879
1 566348 2002/12/03 TRANSFER OF CHARGE AM-STAT CORPORATION COMMONWEALTH CAPITAL CORPORATION REMARKS: RE: 1404879, 1564465
1566350 2002/12/03 TRANSFER OF CHARGE TURFPRO INVESTMENTS INC. COMMONWEALTH CAPITAL CORPORATION REMARKS: RE: 1435211
1 566354 2002/12/03 TRANSFER OF CHARGE TURFPRO INVESTMENTS INC. COMMONWEALTH CAPITAL CORPORATION
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 3 OF 4 Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0349 (LT) ON 2016/07/06 AT 10,39,09 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
REMARKS: RE: 1404881
LT149812 2003/10/21 CONSTRUCTION LIEN *** COMPLETELY DELETED *** VAN-DEL CONTRACTING LTD.
WR6226 2003/12/05 CERTIFICATE *** COMPLETELY DELETED ... VAN-DEL CONTRACTING LTD. EMMANUEL VILLAGE HOMES (KITCHENER) INC. EMMANUEL VILLAGE RESIDENCE INC. REMARKS: RE: LT249812
WR214461 2006/05/18 LIEN $697,425 HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY C THE MINISTER OF NATIONAL REVENUE REMARKS: NOTICE OF LIEN PURSUANT TO SUBSECTION 316(1) & (2) OF THE EXCISE TAX ACT
WR341300 2007/11/02 DISCH OF CHARGE *** COMPLETELY DELETED **. 1488583 ONTARIO INC. RE RKS: RE: 1517958
WR364024 2008/02/21 APL COURT ORDER *** COMPLETELY DELETED ... EMMANUEL VILLAGE RESIDENCE INC. LAGEER, ELLIS EMMANUEL VILLAGE HOMES (KITCHENER) INC.
WR364057 2008/02/21 DISCH OF CHARGE *** COMPLETELY DELETED *** THE TORONTO-DOMINION BANK REMARKS: RE: 1439717
WR368305 2008/03/13 APL COURT ORDER *** COMPLETELY DELETED *** EMMANUEL VILLAGE RESIDENCE INC. LAGEER, ELLIS EMMANUEL VILLAGE HOMES (KITCHENER) INC.
WR368306 2008/03/13 APL (GENERAL) *** COMPLETELY DELETED*** LAGEER, ELLIS RE RKS: DELETE WR364024
WR459096 2009/05/04 NOTICE HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO C REMARKS: AIRPOR ZONING REGULATIONS
WR608569 2011/04/15 APL COURT ORDER ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAGE RESIDENCE INC. C REMARKS: LT149812, WR6226, WR368505
WR749683 2013/04/19 APL AMEND ORDER *** COMPLETELY DELETED ... ONTARIO SUPERIOR COURT OF JUSTICE EMMANUEL VILLAE RESIDENCE INC.
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 4 OF 4 r/1.-- Ontario ServiceOntario REGISTRY PREPARED FOR KChapman OFFICE #58 22565-0349 (LT) ON 2016/07/06 AT 10:39:09 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT SUBJECT TO RESERVATIONS IN CROWN GRANT *
CERT/ REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CHKD
REMARKS: DISCHARGE & VACATE 11149612; VACATES WR6226 r WR268305;
WR961087 2016/06/24 RESTRICTIONS ORDER ONTARIO SUPERIOR COURT OF JUSTICE ATTORNEY GENERAL OF ONTARIO
NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP. TAB C This is Exhibit C to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
missioner for taking affidavitsetc. Court File No. CV-16-11424-00CL
ONTARIO " SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
THE HONOURABLE MR. FRIDAY,THE 24TH
JUSTICE PENNY DAY OF JUNE,2016
B ETWEEN:
EMMANUEL VILLAGE RESIDENCE.INC. Applicant and
EMMANUEL VILLAGE RESIDENCE INC. Respondent
Application under section 101 of the Courts of ustice Act, R.S.O. 1990, c. C.43, as amended
ORDER (appointing Receiver)
THIS MOTION made by Emmanuel Village Residence Inc. ("EVR") for an Order pursuant to section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended (the "CIA") appointing BDO Canada Limited as receiver (in such capacities, the "Receiver") without security, of all of the assets, undertakings and properties of EVR acquired for, or used in relation to a business carried on by EVR, was heard this day at 330 University Avenue, Toronto, Ontario.
ON READING the affidavit of Judy Hunking sworn June 9, 2016 and the Exhibits thereto and on hearing the submissions of counsel for EVR and counsel for the Receiver, no one else appearing, although duly served as appears from the affidavit of service of Kim Hamill sworn June 9, 2016 and on reading the consent of BDO Canada Limited ("BDO") to act as the Receiver, - 2 -
SERVICE
1. THIS. COURT ORDERS that the time for service of the Notice of Motion and the Motion is hereby abridged and validated so that this motion is properly returnable today and hereby dispenses with further service thereof.
APPOINTMENT
2. THIS COURT ORDERS that pursuant to section 101 of the CJA, BDO is hereby appointed Receiver, without security, for the purpose of completing a going concern sale of EVR's business (the "Business") and the assets, undertaking and property used in relation to the Business, including all proceeds thereof(the "Property").
3. THIS COURT ORDERS that the Receiver will not be taking possession of or operating the Property or the Business, and, for greater certainty, EVR will continue to operate the Business and remain in possession of the Property.
RETIREMENT HOMESAC'TEXEMPTION
4. THIS COURT ORDERS that the Receiver is not being granted an interest in EVR's license under the Retirement Homes Act, 2010 (the "License") or any property that includes the License, and accordingly, section 46 of the Retirement Homes Act, 2010 is not engaged by this Order.
5. THIS COURT ORDERS that this Order does not apply in any respect to the Retirement 1-Tomes Regulatory Authority (the "RHRA")or its Registrar, and does not affect, alter or interfere with the application of the Retirement Homes Act, 2010 to EVR as a licensee under that Act, the non-transferability of the Licence, the powers of the RHRA and Registrar, or any proceedings or action by the Registrar, including but not limited to enforcement, regulatory or tribunal action. CROWN EXEMPTION
6. THIS COURT ORDERS that this Order does not affect, alter or interfere with the application commenced by the Attorney General of Ontario, bearing Court File. No.: C-636-16 commenced in Kitchener, ON (the "Crown Application"), or the Crown's ability to continue the Crown Application.
RECEIVER'S POWERS
7. THIS COURT ORDERS that the Receiver is hereby empowered and authorized, but not obligated, to act at once in respect of the Property and, without in any way limiting the generality of the foregoing, the Receiver is hereby expressly empowered and authorized to do any of the following where the Receiver considers it necessary or desirable:
(a) to engage consultants, appraisers, agents, experts, auditors, accountants, managers, counsel and such other persons from time to time and on whatever basis, including on a temporary basis; to assist with the exercise of the Receiver's powers and duties, including without limitation those conferred by this Order;
(b) to market any or all of the Property, including advertising and soliciting offers,in respect of the Property or any part or parts thereof and negotiating such terms and conditions of sale as the Receiver in its discretion may deem appropriate;
(c) to sell, convey, transfer, lease or assign the Property or any part or parts thereof whether within or out of the ordinary course of business, and in such case notice under subsection 63(4) of the Ontario Personal Property Security Act, or section 31 of the Ontario Mortgages Act, as the case may be, shall not be required, and in each case the Ontario Bulk Sales Act shall not apply; (d) to apply for an order of this Court approving the sale of the Property or any part thereof(the "Sale Approval Motion") which motion shall include, among other things, the approval of the Court to complete the sale;
(e) to apply for any vesting order or other orders necessary to convey the Property or any part or parts thereof to a purchaser or purchasers thereof, free and clear of any liens or encumbrances affecting such Property;
(f) to report to, meet with and discuss with such affected Persons (as defined below) as the Receiver deems appropriate on all matters relating to the Property and the receivership, and to share information, subject to such terms as to confidentiality as the Receiver deems advisable;
(g) to register a copy of this Order and any other Orders in respect of the Property against title to any of the Property;
(h) to apply for any permits, licences, approvals or permissions as may be required by any governmental authority and any renewals thereof for and on behalf of and, if thought desirable by the Receiver, in the name of EVR;
(i) to enter into agreements with any trustee in bankruptcy appointed in respect of EVR,including, without limiting the generality of the foregoing, the ability to enter into occupation agreements for any property owned or leased by EVR;
(i)(a) to render to the court any reports on the validity and enforceability of any secured claims that, in the opinion of the Receiver, would assist the Court, without prejudice to the Crown Application;
(j) to take any steps reasonably incidental to the exercise ofthese powers or he performance of any statutory obligations. and in each case where the Receiver takes any such actions or steps, it shall be exclusively authorized and empowered to do so, to the exclusion of all other Persons (as defined below), including EVR, and without interference from any other Person.
NO PROCEEDINGS AGAINST THE RECEIVER
8. THIS COURT ORDERS that no proceeding or enforcement process in any court or tribunal (each, a "Proceeding"), shall be commenced or continued against the Receiver except with the written consent of the Receiver or with leave of this Court.
DUTY TO PROVIDE ACCESS AND CO-OPERATION TO THE RECEIVER
9. THIS COURT ORDERS that (i) EVR, (ii) all of its current and former directors, officers, employees, agents, accountants, legal counsel and shareholders, and all other persons acting on its instructions or behalf, and (iii) all other individuals, firms, corporations, governmental bodies or agencies, or other entities having notice of this Order that have information pertinent to the operations of the Business save and except for the Ministry of the Attorney General (all of the foregoing, collectively, being "Persons" and each being a "Person") shall forthwith advise the Receiver of the existence of any Property in such Person's possession or control, shall grant immediate and continued access to the Property to the Receiver, and shall deliver all such Property to the Receiver upon the Receiver's request.
10. THIS COURT ORDERS that all Persons shall forthwith advise the Receiver of the existence of any books, documents, securities, contracts, orders, corporate and accounting records, and any other papers, records and information of any kind related to the business or affairs of the Debtor, and any computer programs, computer tapes, computer disks, or other data storage media containing any such information (the foregoing, collectively, the "Records") in that Person's possession or control, and shall grant to the Receiver unfettered access to and use of accounting, computer, software and physical facilities relating thereto, provided however that nothing in this,paragraph 5 or in paragraph 6 of this Order shall require the delivery of Records, or the granting of access to Records, which may not be disclosed or provided to the Receiver due - 6 - to the privilege attaching to solicitor-client communication or due to statutory provisions prohibiting such disclosure.
11. THIS COURT ORDERS that if any Records are stored or otherwise contained on a computer or other electronic system of information storage, whether by independent service provider or otherwise, all Persons in possession or control of such Records shall forthwith give unfettered access to the Receiver for the purpose of allowing the Receiver to recover and fully copy all of the information contained therein whether by way of printing the information onto paper or making copies of computer disks or such other manner of retrieving and copying the information as the Receiver in its discretion deems expedient, and shall not alter, erase or destroy any Records without the prior written consent of the Receiver. Further, for the purposes of this paragraph, all Persons shall provide the Receiver with all such assistance in gaining immediate access to the information in the Records as the Receiver may in its discretion require including providing the Receiver with instructions on the use of any computer or other system and providing the Receiver with any and all access codes, account names and account numbers that may be required to gain access to the information.
NO PROCEEDINGS AGAINST EVR OR THE PROPERTY
12. THIS COURT ORDERS that, subject to paragraphs 12A, 15 and 16 below, no Proceeding against or in respect of EVR, the Business, or the Property shall be commenced or continued except with the written consent of the Receiver or with leave of this Court and any and all Proceedings currently under way against or in respect of EVR,the Business, or the Property are hereby stayed and suspended pending further Order of this. Court.
12 A. THIS COURT ORDERS that this order does not affect a regulatory body's investigation in respect of EVR or an action, suit or proceeding that is taken in respect of EVR by or before the regulatory body, other than the enforcement of a payment ordered by the regulatory body or the Court, where "regulatory body" means a person or body that has powers, duties, or functions relating to the enforcement or administration of an Act of Parliament or of the legislature of a province. -7-
13. NOTWITHSTANDING ANYTHING IN THIS ORDER, IIMT Holdings Inc. ("HMT"),the first-ranking mortgagee and secured creditor in respect of the Property, shall be at liberty to commence its own receivership, enforcement or recovery proceedings and this Order shall be without prejudice to HMT's right to commence or continue any such proceedings.
NO EXERCISE OF RIGHTS OR REMEDIES
14. THIS COURT ORDERS that all rights and remedies against EVR, the Receiver, or affecting the Property, are hereby stayed and suspended except with the written consent of the Receiver or leave of this Court, provided however that this stay and suspension does not apply in respect of any "eligible financial contract" as defined in the Bankruptcy and Insolvency Act (the "BIA"), and further provided that nothing in this paragraph shall (i) empower the Receiver or EVR to carry on any business which EVR is not lawfully entitled to carry on, (ii) prevent the filing of any registration to preserve or perfect a securityinterest, or (iii) prevent the registration of a claim for lien.
15. THIS. COURT ORDERS that the stay of proceedings created pursuant to this Order shall not apply to any receivership application or other enforcement or recovery action commenced by HMT.
16. THIS COURT ORDERS that the stay of proceedings shall not apply to the proceeding commenced in the Superior Court of Justice at Kitchener being Court.File No. C-636-16;
NO INTERFERENCE WITH THE RECEIVER
17. THIS COURT ORDERS that no Person shall discontinue, fail to honour, alter, interfere with, repudiate, terminate or cease to perform any right, renewal right, contract, agreement, licence or permit in favour of or held by EVR, without written consent of the Receiver or leave of this.Court. - 8 -
CONTINUATION OF SERVICES
18. THIS COURT ORDERS that all Persons having oral or written agreements with EVR or statutory or regulatory mandates for the supply of goods and/or services, including without limitation, all computer software, communication and other data services, centralized banking services, payroll services, insurance, transportation services, utility or other services to EVR are hereby restrained until further Order of this Court from discontinuing, altering, interfering with or terminating the supply of such goods or services as may be required by EVR, and that EVR shall be entitled to the continued use of EVR's current telephone numbers, facsimile numbers, intemet addresses and domain names, provided in each case that the normal prices or charges for all such goods or services received after the date of this Order are paid by EVR in accordance with normal payment practices of EVR or such other practices as may be agreed upon by the supplier or service provider and EVR, or as may be ordered by this Court.
RECEIVER TO HOLD FUNDS
19. THIS COURT ORDERS that all funds, monies, cheques, instruments, and other forms of payments received or collected by the Receiver from and after the making of this Order from the sale of all or any ofthe Property shall be deposited into one or more new accounts to be opened by the Receiver (the 'Post Receivership Accounts") and the monies standing to the credit of such Post Receivership Accounts shall be subject'to further Order of this Court.
EMPLOYEES
20. THIS COURT ORDERS that all employees of EVR shall remain the employees of EVR. The Receiver shall not be liable for any employee-related liabilities, including any successor employer liabilities as provided for in section 14.06(1.2) of the BIA.
21. THIS COURT ORDERS that sections 81.4(5) or 81.6(3) of the BIA and the Wage Earner Protection Program Act do not apply to the Receiver or its appointment pursuant to this Order. -9
PIPEDA
22. THIS COURT ORDERS that, pursuant to clause 7(3)(c) of the Canada Personal Information Protection and Electronic Documents Act, the Receiver shall disclose personal information of identifiable individuals to prospective purchasers or bidders for the Property and to their advisors, but only to the extent desirable or required to negotiate and attempt to complete one or more sales of the Property (each, a "Sale"). Each prospective purchaser or bidder to whom such personal information is disclosed shall maintain and protect the privacy of such information and limit the use of such information to its evaluation of the Sale, and if it does not complete a Sale, shall return all such information to the Receiver, or in the alternative destroy all such information. The purchaser of any Property shall be entitled to continue to use the personal information provided to it, and related to the Property purchased, in a manner which is in all material respects identical to the prior use of such information by EVR, and shall return all other personal information to the Receiver, or ensure that all other personal information is destroyed.
LIMITATION ON THE RECEIVER'S LIABILITY
23. THIS COURT ORDERS that the Receiver shall incur no liability or obligation as a result of its appointment or the carrying out the provisions of this Order, save and except for any gross negligence or wilful misconduct on its part or under the Wage Earner Protection Program Act. Nothing in this Order shall derogate from the protections afforded the Receiver by any other applicable legislation.
24. THIS COURT ORDERS that, for the purposes of any applicable legislation (including without limitation, applicable employment and environmental legislation), the.Receiver shall not be deemed to occupy or to take control, care, charge, possession or management of any part of EVR's Business or Property, except for the proceeds of any Sale of the Business outside the ordinary course of business by the Receiver pursuant to paragraph 0 of this Order. - 10 -
ADMINISTRATION CHARGE
25. THIS COURT ORDERS that the Receiver, counsel to the Receiver, Thornton Grout Finnigan LLP ("TGF"), and counsel to EVR, Madorin, Snyder LLP and DLA Piper (Canada) LIT (together, the "Professional Group"), shall be paid> their reasonable fees and disbursements, in each ease at their standard rates and charges, by EVR as part of the costs of these proceedings, both before and after the making of this Order in respect of these proceedings and related matters. EVR is hereby authorized to pay the accounts of the Professional Group on a monthly basis.
26. THIS COURT ORDERS that the Receiver and its counsel shall pass their accounts from time to time, and for this: purpose the accounts of the Professional Group are hereby referred to a judge of the Ontario Superior Court of Justice (Commercial List) at Toronto, Ontario.
27. THIS COURT ORDERS that the Professional Group shall be entitled to the benefit of and are hereby granted a charge (the "Administration Charge") on the current and future assets, undertakings and properties of EVR,of every nature and kind whatsoever (including all real and personal property), and wherever situate including all proceeds thereof, which charge shall not exceed an aggregate amount of $350,000.00, as security for their professional fees and disbursements incurred at the standard rates and charges of the Professional Group, both before and after the making of this Order with respect to and incidental to the appointmertt of the Receiver, including the reasonable fees and disbursements of the Professional Group incurred in preparation of the filing of the motion record filed on this motion.
28. THIS COURT ORDERS that the filing, registration or perfection of the Administration Charge shall not be required and that the Administration Charge shall be valid and enforceable for all purposes, including as against any right, title or interest filed, registered, recorded or perfected subsequent to the Administration Charge coming into existence, notwithstanding any such failure to file, register, record or perfect. -11-
29. THIS COURT ORDERS that the Administration.Charge shall constitute a charge on the Property, shall rank to the following:
(a) the Administration Charge shall rank in priority to all other security interests, trusts, liens, charges and encumbrances, claims of secured creditors, statutory or otherwise (collectively,"Encumbrances") in favour of any Person to a maximum amount of $200,000; and
(b) the remainder of the Administration Charge, being $150,000, shall be fully subordinate to Encumbrances in favour of HMT,but shall rank in priority to all other Encumbrances in favour of any Person.
30. THIS COURT ORDERS that except by further order of the Court, EVR shall not grant. any Encumbrances over any Property that ranks in priority to, or pari passu with, the Administration Charge unless EVR obtains the prior written consent of each of the Professional Group entitled to the benefit ofthe Administration Charge.
31, THIS COURT ORDERS that the Administration Charge shall not be rendered:invalid or unenforceable and the rights and remedies of the Professional Group shall not otherwise be limited or impaired in any way by (a) the pendency of these proceedings and the declarations of insolvency made herein; (b) any application(s) for bankruptcy order(s) issued pursuant to the BIA, or any bankruptcy order made pursuant to such applications; (c) the filing of any assignments for the general benefit of creditors made pursuant to the BIA;(d) the provisions of any federal or provincial statutes; or (e) any negative covenants, prohibitions or other similar provisions with respect to borrowings, incurring debt or the creation of Encumbrances, contained in any existing loan documents, lease, sublease, offer to lease or other agreement (collectively, an "Agreement") which bind EVR, and notwithstanding any provision to the contrary in any Agreement: -12-
(a) the creation of the Administration Charge shall not create or be deemed to constitute a breach by EVR of any Ageement to which it is a party;
(b) none ofthe Professional Group shall have any liability to any Person whatsoever as a result of any breach of any Agreement caused by or resulting from the creation of the Administration Charge; and
(c) the payments made by EVR pursuant to this Order and the granting of the Administration Charge do not and will not constitute preferences, fraudulent conveyances, transfers at undervalue, oppressive conduct, or other challengeable or voidable transactions under any applicable law.
32. THIS COURT ORDERS that any charge created by this Order over leases of real property in Canada shall only be a charge in EVR's interest in such real property leases.
SERVICE AND NOTICE
33. THIS COURT ORDERS that the E-Service Protocol of the Commercial List (the "Protocol") is approved and adopted by reference herein and, in this proceeding, the service of documents made in accordance with the Protocol (which can be found on the Commercial List website at http://www.ontariocourts.ca/sej/practice/practice-directions/toronto/e-service- protocol° shall be valid and effective service. Subject to Rule 17.05 this Order shall constitute an order for substituted service pursuant to Rule 16.04 of the Rules ofCivil Procedure. Subject to Rule 3.01(d) of the Rules of Civil Procedure and paragraph 21 of the Protocol, service of documents in accordance with the Protocol will be effective on transmission. This Court further orders that a Case Website shall be established in accordance with the Protocol with the following URL `<@>'.
34. THIS COURT ORDERS that if the service or distribution of documents in accordance with the Protocol is not practicable, the Receiver is at liberty to serve or distribute this Order, any other materials and orders in these proceedings, any notices or other correspondence, by - 13 - forwarding true copies thereof by prepaid ordinary mail, courier, personal delivery or facsimile transmission to EVR's creditors or other interested parties at their respective addresses as last shown on the records of EVR and that any such service or distribution by courier, personal delivery or facsimile transmission shall be deemed to be received on the next business day following the date of forwarding thereof; or if sent by ordinary mail, on the third business day after mailing.
GENERAL
35: THIS COURT ORDERS that the Receiver may from time to time apply to this Court for advice and directions in the discharge of its powers and duties hereunder.
36. THIS COURT ORDERS that nothing in this Order shall prevent the Receiver from acting as a trustee in bankruptcy of EVR.
37. THIS COURT ORDERS that any interested party may apply to this. Court to vary or amend this Order on not less than seven (7) days' notice to the Receiver and to any other party likely to be affected by the order sought or upon such other notice, if any, as this Court may order.
C. Irwin Registrar
ENTERED AT / INSCRIT A TORONTO OM / BOOK NO: LE / DANS LE REGISTRE NO: JUN 2 4 2016
PER / PAR: EMMANUEL VILLAGE EMMANUEL VILLAGE and RESIDENCE INC. RESIDENCE INC. Court File No:CV-16-I1424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
Proceeding commenced at Toronto
ORDER
DLA PIPER(CANADA) LLP Barristers & Solicitors 1 First Canadian Place 100 King Street West, Suite 6000 P.O. Box 367 Toronto ON M5X 1E2
Bruce Darlington (.LSUC# 25310K) [email protected] Tel: 416-365-3529 Fax: 416-369-5210
Jennifer A. Whincup(LSUC# 60326W) [email protected] Tel: 416-365-3425 Fax: 416-369-5240
Lawyers for the Applicant/Respondent TAB D This is Exhibit D to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
issioner for taking affidaZ c. Court File No.: C-636-16
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE 1344 THURSDAY,THE 16TH DAY OF
JUSTICE (72GcJ. 5.--/-40/14/ ) JUNE,2016
B ETWEEN:
ATTORNEY GENERAL OF ONTARIO
Applicant/Moving Party - and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO, OR THE PROCEEDS OF THE SALE THEREOF (IN REM)
Respondent/Responding Party
ORDER
. THIS MOTION, made without notice, by the Applicant/Moving Party, the Attorney
General of Ontario, for a 30-day Preservation Order under the Civil Remedies Act, 2001
(the "Civil Remedies Act"), was heard this day at the Court House located at 85
Frederick Street, Kitchener, Ontario. ON READING the Motion Record, Factum and Book of Authorities of the
Attorney General of Ontario,
ON HEARING the submissions of counsel for the Applicant,
1. THIS COURT ORDERS preservation, pursuant to the Civil Remedies Act of the
real property municipally known as 1250 Weber Street East, Kitchener, Ontario,
and registered in Land Registry Office No. 58 as Property Identification No.
22565-0352(LT) and legally described as: LT 75-81 PL 322 TWP OF
WATERLOO;PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP OF WATERLOO; PT
LT 2 PL 963 KITCHENER; PT LT 141 STREETS & LANES KITCHENER; PT LT
142 STREETS & LANES KITCHENER(FORMERLY PT HERMAN AV & PT
AUBURN AV PL 322, CLOSED BY 210008)PT 1, 2, 3, 4, 5, 6, 7, 58R13759; SIT
& TNV 1566343; SIT 1404828, 1559347, 1563157; KITCHENER (the "Property"),
for a period of thirty (30) days, or until otherwise ordered by this Court:
2. THIS COURT ORDERS that, pursuant to subsection 4(1) of the Civil Remedies
Act, the Property is preserved for a period of thirty (30) days from the date of this
Order, and the Respondents or any person having knowledge of this Order be and
the same are hereby enjoined from dealing with the Property in any manner
whatsoever, including, but not limited to, any sale, lease, assignment, transfer,
mortgage, lien or encumbrance of any kind, until the completion of these
proceedings or until such time as this Court orders. 3, THIS COURT ORDERS that Emmanuel Village Residence Inc.(the "Registered
Owner"), or anyone acting on its behalf, or anyone else claiming any interest in the
Property, shall not have any dealings with, sell, lease, assign, transfer with or
without consideration, convey or further encumber, borrow against or otherwise
use as security or commence any proceedings pursuant to the terms of any
mortgage or lien dealing with or in any way related to the Property.
4. THIS COURT ORDERS that a copy of this Order shall be registered on title to the
Property and the Land Registrar is directed to place a "No Dealings" indicator on
title to the Property.
5. THIS COURT ORDERS that the Property is to be preserved by the Registered
Owner maintaining that the Property is in good repair and order, and that any bills
and/or expenses related to the maintenance and repair of the Property shall be
paid by the due date.
6. THIS COURT ORDERS that the Property is to be preserved by the Registered
Owner maintaining the utility services to the Property and that the Registered
Owner shall pay all regular bills and/or expenses for the Property, including, but
not limited to, property taxes, mortgage payments, electricity, water, gas, and any
other utility accounts that are outstanding, by the applicable due date.
7. THIS COURT ORDERS that the Registered Owner shall continue to duly and
punctually collect any and all rental and/or other occupancy fees and payments due and owing from all residents and/or occupants of the Property, and continue to
pursue any and all arrears of any such fees and payments as would a prudent
owner and/or operator of a property similar to the Property.
8. THIS COURT ORDERS that the Director of Asset Management — Civil (the "Director")
or such person as may be designated or as may be required to assist the Director,
shall be permitted on forty-eight(48) hours' notice to the Registered Owner or any
mortgagee in possession and control of the Property, or any person occupying the
Property or any portion, or portions thereof, to enter upon the Property, inspect
and photograph the Property to ensure compliance with this Order and to
determine the value and condition of the Property, as the case may be.
9. THIS COURT ORDERS that the Registered Owner shall provide to counsel for the
Attorney General of Ontario, copies of all insurance policies with respect to the
Property. If the Registered Owner fails to provide copies of all insurance policies
with respect to the Property to counsel for the Attorney General of Ontario, the
insurance companies shall comply with requests for information with respect to
these policies within ten (10) days of a request by counsel for the Attorney General
of Ontario.
10. THIS COURT ORDERS that the Registered Owner shall, subject to the terms of
this Order, amend all insurance policies in effect on the Property to add the
Attorney General of Ontario as a party to whom loss is payable and to provide
proof to the Director that all such insurance policies have been amended to show loss payable to the Attorney General of Ontario. Failing compliance by the
Registered Owner, the Director shall have the right to directly instruct the
insurance company to amend the loss payable provision on all insurance policies
in effect on the Property into the name of the Attorney General of Ontario.
11. THIS COURT ORDERS that the Registered Owner shall, within seven (7) days of
service of this Order, provide proof to the Director that he has notified the insurer
under any policies of insurance in effect on the Property preserved in this, Order of
any: change in material risk; increased hazard; or vacancy or non-occupancy of
the Property, or any part or parts thereof, extending beyond thirty (30) days.
Failing compliance by the Registered Owner, the Director shall notify the insurer
directly of these changes.
12. THIS COURT ORDERS that the Director may,from time to time and at any time,
request information on the mortgage(s) on the Property including the amount
required to pay out the mortgage(s) or bring same into good standing, and all
parties who receive such a request shall comply within fifteen (15) days.
13. THIS COURT ORDERS that, in the alternative, if the Property has been
transferred on or prior to the date of this Order, then, pursuant to subsection 4(1)
of the Civil Remedies Act, any and all consideration paid or payable in connection
with any such sale, which consideration represents the gross proceeds from the
sale of the Property, is preserved for a period of thirty(30) days, or until otherwise
ordered by this Court. 14. THIS COURT ORDERS that to preserve the proceeds of any sale of the Property,
the proceeds contemplated by paragraph 13 of this Order shall be deposited with
the Accountant of the Superior Court of Justice in an interest bearing account to
the credit of the Application.
15. THIS COURT ORDERS that, in the alternative, if, as of the date of this Order,
the Property is the subject of an executed agreement of purchase and sale (an
"APS") pursuant to which the Property is to be sold to a purchaser, then: (i) the
Registered Owner shall forthwith advise the Applicant of the existence of any such
APS; (ii) the Registered Owner shall, within three (3) days of the date of this Order,
deliver to the Applicant a true and complete copy of the APS together with true and
complete copies of any and all amendments to such APS; and (iii) the Applicant
shall deliver to the purchaser under the APS, within five (5) days of receipt of a
copy of the APS and amendments thereto from the Registered Owner, a true and
complete copy of this Order. If an APS is in existence, then, notwithstanding the
terms, conditions and provisions of any such APS, the Director shall have the right,
in its sole, absolute and unfettered discretion, to approve or disapprove of the
terms and provisions of the transaction,contemplated by the APS and any
amendments thereto. If the terms and provisions of the APS and any
amendments thereto are approved by the Director:(A) the Registered Owner shall
complete the transaction contemplated by the APS, as amended to such date of
approval by the Director, in strict accordance with the terms and provisions thereof
and with no further amendments being made to the APS which have not been approved in writing by the Director, which approval may be granted or withheld in
the sole and absolute discretion of the Director; and (B)the proceeds of the sale of
the Property shall be preserved for a period of thirty(30) days, or until otherwise
ordered by this Court. If the terms and provisions of the APS and any
amendments thereto are not approved by the Director, the Registered Order shall
not complete the sale of the Property pursuant to the provisions of the APS, as
amended.
16. THIS COURT ORDERS that to preserve the proceeds of any sale of the Property
contemplated by paragraph 15 of this Order, any proceeds shall be deposited with
the Accountant of the Superior Court of Justice in an interest bearing account to
the credit of the Application.
17. THIS COURT ORDERS that this matter return to this Court on July 14, 2016 at
10:00 am., at which time a further motion to extend this Order pending
determination of the forfeiture Application will be heard pursuant to the Civil
Remedies Act.
//Justice of the Superior Court of Justice tRef..)
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Kitchener
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Party TAB E This is Exhibit E to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
A omm sioner for taking affidavits c. Court File No.: C-636-16
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE Ft. THURSDAY,THE 23m DAY OF ) JUSTICE 0-440 JUNE,2016
B ETWEEN: , I ATTORNEY GENERAL OF ONTARIO f
Applicant/Moving Party and
1250 WEBER STREET EAST, KITCHENER,ONTARIO, OR THE PROCEEDS OF THE SALE THEREOF (IN REM)
Respondent/Responding Party
ORDER
THIS MOTION made by the Applicant/Moving Party, the Attorney General of
Ontario, for an Order to vary the Order of Justice J.W, Sloan, dated June 16, 2016, under Rule 59.06 of the Rules of Civil Procedure and under the Civil Remedies Act,
2001, was heard this day at the Court House located at 85 Frederick Street, Kitchener, Ontario. ON READING the Motion Record of the Attorney General of Ontario,
ON HEARING the submissions of counsel for the Applicant,
1. THIS COURT ORDERS that the Order of Justice J.W. Sloan, dated June 16,
2016, registered on title to a portion of the property municipally known as 1250
Weber Street East, Kitchener, Ontario, on June 16, 2016 as Instrument No.
WR959399 (the "Preservation Order") in this proceeding is hereby varied by
deleting paragraph 1 thereof and replacing it with the following:
1. THIS COURT ORDERS preservation, pursuant to the Civil
Remedies Act of the real property municipally known as 1250 Weber
Street East, Kitchener, Ontario and registered in Land Registry Office
No. 58 as Property Identification Nos.:
a. 22565-0352(LT) and legally described as: LT 75-81 PL 322 TWA
OF WATERLOO; PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP OF
WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 141 STREETS
& LANES KITCHENER; PT LT 142 STREETS & LANES
KITCHENER(FORMERLY PT HERMAN AV & PT AUBURN AV PL
322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7, 58R13759; S/T &
TM!1566343; S/T 1404828, 1559347, 1563157; KITCHENER;
b. 22565-0351(LT) and legally described as: LT 57-67, 72-73 PL 322
'MP'OF WATERLOO; PT LT 55-56, 68-71, 74 PL 322 TWP OF
WATERLOO;.PT LT 2 PL 963 KITCHENER; PT LT 142 STREETS & LANES KITCHENER(FORMERLY PT PROSPECT AVE & PT
AUBURN AVE PL 322, CLOSED BY BYLAW 210008)PT 11, 12 &
13, 58R-13759; S/T & TM 1566343; SIT 634937; SIT 1559347;
KITCHENER; and
c. 22565-0349(LT) and legally described as: PT LT 35-38, 51-54. PL
322 T1NP OF WATERLOO PT 8, 9, 10, 58R13579; SIT & TAN
1566343; SIT 1404828; KITCHENER,
(collectively, the "Property"):
2. THIS COURT ORDERS that paragraph 3 of the Preservation Order is hereby
amended by deleting the words "Emmanuel Village Residence Inc.(the
"Registered Owner")" therefrom and replacing them with the words "Emmanuel
Village Residence Inc. and Emmanuel Village Homes(Kitchener) Inc. (each, a
"Registered Owner")".
3. THIS COURT ORDERS that the Preservation Order shall be varied by:(a) adding
the words "or their" before the word "behalf' in paragraph 3 thereof; and (b)
deleting the word "the" and adding the word "each" before each instance of the
words "Registered Owner" in each of paragraphs 5, 6, 7, 8, 9, 10, 11 and 15
thereof.
4. THIS COURT ORDERS that paragraph 3 of the Preservation Order shall be varied
to permit an encumbrance on the Property with priority, to a maximum of
$350,000.00, for the Administration Charge for the purpose of securing
professional fees and disbursements incurred in relation to Court File No, CV-16-
11424-00CL. 5. THIS COURT ORDERS that a copy of this Order shall be registered on title to the
Property and the Land Registrar is directed to place a "No Dealings" indicator on
title to the Property.
• ENTERED AT KITCHENER Justice of the.Superior Court of Justice In Book No. Mr. Justice D.Broad As Dodunient No. geSZ JUN 23 2018 on Mona Goodwin by A
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OF
No.:
(CRIA)
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Kitchener
ONTARIO,
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Responding
OR
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Party TAB F This is Exhibit F to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
sioner for taking affidavits etc. Court File No.: CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
THE HONOURABLE MR. FRIDAY,THE 15TH DAY OF
JUSTICE J. HAINEY JULY,206
B ETWEEN: EMMANUEL VILLAGE RESIDENCE INC. Applicant
- and -
EMMANUEL VILLAGE RESIDENCE INC.
Respondent
ORDER
THIS MOTION for an Order to extend the Preservation Order of Justice J.A.
Milanetti, dated July 14, 2016, under the Civil Remedies Act, 2001, was heard this day
at the Court House located at 330 University Avenue, Toronto, Ontario.
Upon hearing submissions from Gary Valiquette and Jennifer Malabar, counsel for the
Attorney General of Ontario, Jennifer A. Whincup, counsel for Emmanuel Village Residence Inc., Leanne Williams & Asim iqbal, counsel for the Receiver, BDO Canada
Ltd., Jeffrey Simpson, counsel for HMT Holdings Inc., R. Brendan Bissell, counsel for
Sure Mortgage Capital Inc. and Jonathan Bell and Joseph Blinick, counsel for the
Plaintiffs in the Action bearing Court File No.: CV-10-8597-00CL.
1. This Court Orders that the Order of Justice J.A. Milanetti in Court File No. C-636-
16, as it relates to the property bearing PIN #22565-0352, shall be extended to
August 8, 2016.
2. This Court Orders that a copy of this order shall be registered on title to the real
property bearing PIN #22565-0352.
gWti.4_,„a4___. JUL 1 91-0i6
Registrar R. Ittlarnan, Court of JUStiC:3 INSCRIT A TORONTO Dt:psri or ENTERED AT I NIBOOK NO: O REG1STRE NO: LEI DANS LE JUL 19 2016
PER I PAR:jc Court File No.: CV-16-11424-OOCL
ATTORNEY GENERAL OF ONTARIO - and - 1250 WEBER STREET EAST, KITCHENER, ONTARIO, OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Applicant / Moving Party Respondent! Responding Party
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST Proceedings commenced at TORONTO
ORDER
Gary Valiquette, LSUC # 34925M Jennifer Malabar, LSUC # 49358M
Ministry of the Attorney General Civil Law Division Civil Remedies for Illicit Activities Office (CRIA) Tel: 416-314-5881 1416-327-2932 Fax: 416-314-3714 E-mail: Garv.Valiquette0ontario.ca Jennifer.MalabarOontario.ca
Counsel for the Applicant, Attorney General of Ontario Address for mail and courier: 77 Wellesley Street West P.O. Box 555 Toronto, ON M7A 1N3 Address for service of documents: 720 Bay Street, 8th Floor Toronto ON M7A 2S9 TAB G This is Exhibit G to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
m missioner for taking affidavits e c. Court File No.: C-636-16
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE FRIDAY, THE 22ND
J USTICE NEWBOULD DAY OF JULY, 2016
ATTORNEY GENERAL OF ONTARIO Applicant
- and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent
ORDER (Transfer)
THIS MOTION made by the Attorney General for Ontario ("AGO") for an Order transferring this application to the Commercial List was read this day at 330 University Avenue, Toronto, Ontario.
ON READING the consent of the parties, and the materials submitted by the AGO,
THIS COURT ORDERS that this matter be transferred to the Commercial List.
KITCHENER ENTERED AT (. • in Book No. cO I(.; /Ms Document No. 1 1 2016 on MI6 Jennelie Heisz by ATTORNEY
GENERAL
OF
ONTARIO
a
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2S9 TAB H This is Exhibit H to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
missioner for taking affidavits etc. Court File No.: C-636-16
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE FRIDAY, THE 22ND
J USTICE 0-4; DAY OF JULY, 2016
1W E E N:
ATTORNEY GENERAL OF ONTARIO Applicant
- and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent
ORDER (Consolidation)
THIS MOTION made by the Attorney General for Ontario ("AGO") and Emmanuel Village Residence Inc. ("EVR") for an order:
a, if necessary, abridging the time for service and filing of this notice of motion and the motion record and dispensing with further service thereof; and
b. permitting the consolidation of the AGO's application for forfeiture, initially commenced in Kitchener, Ontario under Court File No.: C-636-16 (the "Kitchener Application") with EVR's application to appoint a receiver, initially commenced at the Commercial List in Toronto under Court File No.: CV-16- 11424-00CL (the "Toronto Application", collectively the "EVR Applications"). was heard this day at 330 University Avenue, Toronto, Ontario. ON READING the Notice of Motion and ON HEARING the submissions of counsel for EVR, counsel for the AGO, and counsel for the Receiver, no one else. appearing, and on reading the consent of the parties,
SERVICE
1. THIS COURT ORDERS that the time for service of the Notice of Motion and the Motion is hereby abridged and validated so that this motion is properly returnable today and hereby dispenses with further service thereof.
CONSOLIDATION
2. THIS COURT ORDERS that the EVR Applications are hereby consolidated and authorized and directed to continue under the following title of proceedings:
Court File No. CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
EMMANUEL VILLAGE RESIDENCE INC. Applicant - and -
ATTORNEY GENERAL OF ONTARIO Applicant - and -
1 250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent
2. THIS COURT ORDERS that, with respect to the materials required to be filed with this Honourable Court, all further materials in the EVR Application shall be filed with -3 - the Commercial List Office only in the Toronto Application bearing Court File No.: CV- 16-11424-00CL.
. - ENTER D AT KITCHENER I
in Book No. ty
As Docu,ment No. Li: on AUG 2016 Jenne!Ie Heisz by Y. .
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416-365-3529 416-369-5210
416-365-3425
Canadian 416-369-5240
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- TAB I This is Exhibit I to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
issioner for taking affidavit tc. Court File No. CV-16-11424-00CL ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
THE HONOURABLE FRIDAY, THE 22ND
JUSTICE D I/Ay DAY OF JULY, 2016
EMMANUEL VILLAGE RESIDENCE INC. Applicant and
EMMANUEL VILLAGE RESIDENCE INC. Respondent
Application under section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended
ORDER (Consolidation)
THIS MOTION made by the Attorney General for Ontario ("AGO") and Emmanuel Village Residence Inc. ("EVR") for an order:
a. if necessary, abridging the time for service and filing of this notice of motion and the motion record and dispensing with further service thereof; and
b. permitting the consolidation of the AGO's application for forfeiture, initially commenced in Kitchener, Ontario under Court File No.: C-636-16 (the "Kitchener Application") with EVR's application to appoint a receiver, initially commenced at the Commercial List in Toronto under Court File No.: CV-16- 11424-00CL (the "Toronto Application", collectively the "EVR Applications"). 2
was heard this day at 330 University Avenue, Toronto, Ontario.
ON READING the Notice of Motion and ON HEARING the submissions of counsel for EVR, counsel for the AGO, and counsel for the Receiver, no one else appearing, and on reading the consent of the parties,
SERVICE
1. THIS COURT ORDERS that the time for service of the Notice of Motion and the Motion is hereby abridged and validated so that this motion is properly returnable today and hereby dispenses with further service thereof.
CONSOLIDATION
2. THIS COURT ORDERS that the EVR Applications are hereby consolidated and authorized and directed to continue under the following title of proceedings:
Court File No. CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
EMMANUEL VILLAGE RESIDENCE INC. Applicant - and -
ATTORNEY GENERAL OF ONTARIO Applicant - and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent 3
2. THIS COURT ORDERS that, with respect to the materials required to be filed with this Honourable Court, all further materials in the EVR Application shall be filed with the Commercial List Office only in the Toronto Application bearing Court File No.: CV- 16-11424-00CL.
(45-74_44161-A7,
ENTERED AT / INSCRIT A TORONTO ON / BOOK NO; LE/ DANS LE REGISTRE NO: AUG 0 5 2016
PER/ PA EMMANUEL VILLAGE EMMANUEL VILLAGE and RESIDENCE INC. RESIDENCE INC. Court File No:CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
Proceeding commenced at Toronto
ORDER
DLA PIPER (CANADA) LLP Barristers & Solicitors 1 First Canadian Place 100 King Street West, Suite 6000 P.O. Box 367 Toronto ON M5X 1E2
Bruce Darlington (LSUC# 25310K) bruce.danington@dlapipercom Tel: 416-365-3529 Fax: 416-369-5210
Jennifer A. Whincup (LSUC# 60326W) jennifer.whincup@dlapipercorn Tel: 416-365-3425 Fax: 416-369-5240
Lawyers for the Applicant/Respondent TAB J This is Exhibit J to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
missioner for taking affidavits etc. Court File No. CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE IRE HONOtKRNSi.E- , COMMERCIAL LIST klaSTIcE PATTI U-0 LOEMEER)favy 4 ME aalli B ETWEEN: bPq OF Jury, ,D01(0 EMMANUEL VILLAGE RESIDENCE INC. Applicant and
ATTORNEY GENERAL OF ONTARIO Applicant and
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM)
Respondent
ORDER
THIS MOTION, by the Attorney General of Ontario, for a Preservation
Order under the Civil Remedies Act, 2001 (the "Civil Remedies Act"), was heard
this day at the Court House located at 330 University Avenue, Toronto, Ontario.
ON CONSENT OF COUNSEL for all parties,
1. THIS COURT ORDERS preservation, pursuant to section 4(1) of the Civil Remedies Act, of:
a. that Real Property registered in Land Registry Office No. 58 described as Property Identification No. 22565-0352(LT) and legally
described as: LT 75-81 PL 322 TWP OF WATERLOO;PT LT 38-43,
51-56, 74, 82-85 PL 322 TWP OF WATERLOO; PT LT 2 PL 963
KITCHENER; PT LT 141 STREETS & LANES KITCHENER; PT LT
142 STREETS & LANES KITCHENER(FORMERLY PT HERMAN
AV & PT AUBURN AV PL 322, CLOSED BY 210008)PT 1, 2, 3, 4, 5,
6, 7, 58R13759; S/T & T/W 1566343; S/T 1404828, 1559347,
1563157; KITCHENER ("Real Property"), being parts of the lands
known municipally as 1250 Weber Street East, Kitchener, Ontario,
shall be preserved and shall not be disposed of or encumbered in
any way save and accept to the extent permitted by paragraphs 1(b),
3 and 4 of this Order or a further order of the court,pending the
disposition of the forfeiture application commenced by the Attorney
General of Ontario formerly bearing court file no. C-636-16. and now consolidated in this proceeding ("Forfeiture Application"); and/or
b. In the event the Real Property is sold by the Receiver under a sale
process contemplated by and pursuant to the Order of Justice Penny
dated June 24, 2016 (the "Appointment Order") and paragraph 3
below, the proceeds of sale or transfer, including any and all
consideration paid or payable in connection with, the sale or transfer
of all or any portion of the Real Property, which consideration shall
form and be the gross proceeds from such sale or transfer shall be
paid into and maintained in the Receiver's account as provided for in paragraph 17 below until further order of the court.
THIS COURT ORDERS that the registered owner of the Real Property,
Emmanuel Village Residence Inc.(the "Registered Owner"), or any person
acting on its behalf, or anyone else claiming any interest in the Real
Property shall not have any dealings with, sell, lease, assign, transfer with
or without consideration, convey or further encumber, borrow against or
otherwise use as security or commence any proceedings pursuant to the
terms of any mortgage or lien or encumbrance of any kind dealing with or in
any way related to the Real Property other then as expressly permitted in
paragraphs 1, 3 and 4 of this Order or any further order of this court.
THIS COURT ORDERS that notwithstanding paragraph 2, the Real
Property may be sold in accordance with the Appointment Order.
4. THIS COURT ORDERS that, notwithstanding the order set out in
paragraph 2, an encumbrance may be placed on title by the Receiver to the
Real Property with priority, to a maximum principal amount of $350,000.00,
for the purpose of securing professional fees and disbursements incurred in
relation to Court File No. CV-16-11424-00CL, in accordance with the Appointment Order. THIS COURT ORDERS that notwithstanding paragraph 4 of the order of
Justice D.A. Broad dated June 23, 2016 and paragraph 3 of the order of
Justice J.A. Milanetti dated July 14, 2016, each of which order pertains to
the entirety of the real property municipally known as 1250 Weber Street
East, Kitchener, the encumbrance in the amount of $350,000 referred to in
paragraph 4 of this Order and each of the aforementioned orders shall only
be registered on title to the Real Property (described in Parcel Identifier No.
22565-0352(LT)) and not on those portions of 1250 Weber Street East,
Kitchener, in Parcel Identifier Nos. 22565-0351 (LT) and 22565-0349 (LT).
THIS COURT ORDERS that a copy of this Order shall be registered on title
to the Real Property and the Land Registrar is directed to place a "No
Dealings" indicator on title to the Real Property.
7. THIS COURT ORDERS that the Registered Owner preserve and maintain
the Real Property in a state of good repair and order, and that any bills
and/or expenses related to the maintenance and repair of the Real Property
be paid by the applicable due date.
8. THIS COURT ORDERS that the Registered Owner maintain the utility
services related to the Real Property and pay all regular bills and/or
expenses for the Real Property, including, but not limited to, property taxes,
mortgage payments, electricity, water, gas, and any other utility accounts
that are outstanding for the Real Property, by the applicable due date. THIS COURT ORDERS that the Registered Owner shall continue to duly
and punctually collect any and all rental and/or other occupancy fees and
payments due and owing from all residents and/or occupants of the Real
Property, and continue to pursue any and all arrears of any such fees and
payments as would a prudent owner and/or operator of property similar to the Real Property.
10. THIS COURT ORDERS that the Registered Owner shall take all steps
reasonably necessary to ensure that the Real Property is insured against all
common perils; and the Registered Owner shall pay all insurance premiums
with respect to any policies of insurance issued in respect of the Real
Property and shall provide proof of payment within seven days of a demand
by the Attorney General for Ontario.
I. THIS COURT ORDERS that the Director of Asset Management - Civil (the
"Director") or such person as may be designated or as may be required to
assist the Director, be permitted on forty-eight(48) hours' notice to the
Registered Owner or any mortgagee in possession and control of the Real
Property, or any person occupying the Real Property, or any portion or
portions thereof, to enter upon the Real Property, inspect and photograph the Real Property to ensure compliance with this Order and to determine
the value and condition of the Real Property, as the case may be.
12. THIS COURT ORDERS that the Registered Owner provide to counsel for
the Attorney General of Ontario, copies of all insurance policies with respect
to the Real Property. If the Registered Owner fails to provide copies of all
insurance policies with respect to the Real Property to counsel for the
Attorney General of Ontario, the insurance companies shall comply with
requests for information with respect to these policies within ten (10)days of
a request by counsel for the Attorney General of Ontario.
13. THIS COURT ORDERS that the Registered Owner shall, subject to the
terms of this Order, amend all insurance policies in effect on the Real
Property to add the Attorney General of Ontario as a party to whom loss is
payable and to provide proof to the Director that all such insurance policies
have been so amended. Failing compliance by the Registered Owner, the
Director shall have the right to directly instruct the insurance company to
amend the loss payable provision on all insurance policies in effect on the
Real Property into the name of the Attorney General of Ontario in
accordance with the above
14. THIS COURT ORDERS that the Registered Owner shall within 7 days of any of the following occurrences:
i. any increase in material risk; ii. increased hazard; or iii. vacancy or non occupancy of the Real Property, or any part or parts thereof, extending beyond 30 days
advise all parties to this proceeding and the relevant insurance companies of same.
15. THIS COURT ORDERS that if the Registered Owner fails to comply with
the order in paragraph 14, the Director may notify the the insurer directly of these changes.
16. THIS COURT ORDERS that the Director may,from time to time and at any
time, request information on the mortgage(s) on the Real Property including
the amount required to pay out the mortgages or bring same into good
standing, and all parties who receive such a request shall comply within fifteen (15) days.
17. THIS COURT ORDERS that the proceeds of any sale or transfer of all or
any portion of the Real Property be deposited into an interest bearing
account with the Receiver in accordance with paragraph 19 of the Appointment Order.
18. THIS COURT ORDERS that if the Real Property, or any part or parts
thereof, is the subject of an executed agreement of purchase and sale (an
"APS") pursuant to which all or any portion of the Real Property is to be sold to a purchaser: (i) the Registered Owner shall forthwith advise the Attorney
General by notifying the office of Civil Remedies for Illicit Activity of the
existence of any such APS and any amendments thereto as such
amendments are executed; (ii) the Registered Owner shall, within three (3)
days of the date of the execution of an APS and/or any amendment thereto,
deliver to the Attorney General, by sending it to the office of Civil Remedies
for Illicit Activity, a true and complete copy of the APS and/or true and
complete copies of any and all amendments to such APS; and (iii) the
Attorney General shall deliver to the purchaser under the APS, within five
(5) days of receipt of a copy of the APS and/or amendments thereto from
the Registered Owner, a true and complete copy of this Order.
19. THIS COURT ORDERS that the Attorney General's use of the APS is
restricted to use solely for the purposes of this proceeding and that no
person within the Attorney General's office or employ will release the terms
of the APS except with a further order of the court or as otherwise
compelled by law, or as agreed by the parties.
20. THIS COURT ORDERS that the Receiver will not complete any sale
transaction with respect to all or any portion of the Real Property without
court approval in Court File No.: CV-16-11424-00CL. and notwithstanding
any term or conditionof any APS or any amendment thereto , the Director
shall have the opportunity to make submissions on the motion to approve
any such sale transaction, including with respect to any further measures that ought to be taken to preserve rights in respect of the forfeiture application.
HMT Holdings Inc.
21. Notwithstanding anything in this Order, HMT Holdings Inc. ("HMT"), the
first-ranking mortgage and secured creditor in respect of the Real Property,
shall be at liberty to commence its own receivership, enforcement or
recovery proceedings with respect to the Real Property and this Order shall
be without prejudice to HMT's right to commence or continue any such
proceedings in accordance with the Order of Justice Penny dated June 24, 2016, Court File No. CV-16-11424-00CL.
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E A TAB K This is Exhibit K to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
missioner for taking affidavits etc. LRO #'.58 Application (General) Registered as VVR53031 on 2004 07 07 at 09:48 The apptreard(s) hereby applies to the Lend Registrar yyyy mm cid Page 1 of 3
Properties
PIN 22565 - 0352 LT Estate/Qualifier Fee Simple Lt Conversion Qualified Description LT 75-81 Pt. 322 TVVP OF WATERLOO;PT LT 38-43, 51-56, 74,82-84 PL 322 TWP OF WATERLOO;PT LT 85 PL 1069 KITCHENER;PT LT 2 Pt. 963 KITCHENER;PT LT 141 STREETS & LANES KITCHENER;PT LT 142 STREETS & LANES KITCHENER (FORMERLY PT HERMAN AV & PT AUBURN AV PL 322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7, 58R13759; SIT & T/W 1566343; SfT 1404828, 1559347, 1563157; KITCHENER Address 1250 WEBER STREET EAST KITCHENER
Applicariks)
Name. 1459671 ONTARIO INC. Address for Service CIO SHILLER, LAYTON, ARBUCK, LLP BARRISTERS AND SOLICITORS 445 KING STREET WEST, SUITE 202 TORONTO ON M5V 1K4
1. AJINIDRAPAL SINGH, DIRECTOR, have the-authorIty to bind the corporation. This document is not•aulhorized under Power of Attorney.bry this party.
Name 1450672 ONTARIO INC. Addressfor Service CIO SHILLER, LAYTON, ARBUCK, LLP BARRISTERS AND SOLICITORS 445 KING STREET WEST, SUITE 202 TORONTO ON M5V 1K4
I RAJESH CHOVVDRY, DIRECTOR, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party.
Name 1459673 ONTARIO INC, Address for Service CIO SHILLER, LAYTON, ARBUCK, LLP BARRISTERS AND SOLICITORS 445 KING STREET WEST, SUITE 202 TORONTO ON M5V 1K4
I, INDERPAL BAJAJ, DIRECTOR, have the authority to bind the corporation. This document is not authorized under Power of Attorney by this party.
Name SINGH, AJINDRAPAL Address Tor Service cto SHILLER LAYTON, ARBUCK, LLP BARRISTERS AND SOLICITORS 445 KING STREET WEST, SUITE 202 TORONTO ON M51/ 1K4
This document ismotadthorized under Power of Attorney by this party.
Name CHOWDIV, RAJESH Address for Service CIO SHILLER, LAYTON, ARBUCK, LLP BARRISTERS AND SOLICITORS 445 KING STREET WEST, SUITE 202 TORONTO ON M5V 1K4
This document is not authorized under Power of Attorney by this party.
NaMe BAJAJ.INDERPAL LRO # 58 Application (General) Registered as WR53031 on 2004 07 07 at 09:48 The epplicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 2 of 3
Applicants)
Address for Service CIO SHILLER, LAYTON, ARBUCK, LLP BARRISTERS AND SOLICITORS 445 KING STREET WEST, SUITE 202 TORONTO ON M5V 1K4
This docuthent is not authorized under Power of Attorneir.bythls party
Schedule: See Schedules
Signed Sy
Bernard Erwin Gropper Suite 300, 261 Davenport Road acting for Applicant(s) Signed 2004 07 07 Toronto M5R 1K3 Tel 4134373000 Fax 4164873002
Submitted By
BERNARD CROPPER Suite 300. 261 Davenport Road 2004 07 07 Toronto M5R 1K3 Tel 4164873000 4164873002
Fees/Taxes/Payment
Statutory Registration Foe $60.00 Total Paid $60.00
File Number
ApplicantClient File Number: 1539 Courl Ne No. 04-CV-271509CM3
ONTARIO SUPI:RIOR COURT OF JUSTICE
B ETWEE
1459671 ONTARIO I N C., 1459672 ON TARI0 I N C., 1459673 ONTARIC> INC., AJTNDRAPAI. SINGH, RAJE SI-I CHOWDHRY and TNDERPAL BAJAJ
Plaintiffs — - and - 1;.=— —4- MAN UE L VI LLAGE HOMES(KITCHENER) INC, E.MMANITE L'VILL AGE RESIDENCE INC., EMMANLIEL VILLAGE MANAGEMENT INC., COMMON1W ALT CAPITAL CORPORATION, 1488583 ONTARIO INC,155374 ONTARIO INC, 1553749 ONTARIO INC., 1459649 ONTARIO INC. :vad BRYAN IIUNKING
Defendants
CERTIFICATE OF PENDING LITIGATION
I CF.RTIFY Chat in this proceeding an interest in the foll.öv:ing latinis is in ques.tion:
L'1`75-81 .PL 322 71.V13 OF WATERLOO;PT LT 38-43, 51-56, 74, 82-84 PL 322 TWP OF WATERLOO; PT LT 85 PL 1069 KITCHENER; .PT LT 2 PLN 963 KITCHENER, PT LT 141 STREEIS LÅNES KITCF3ENER PT I.T 142 STREETS LANFS KITC'.HENE.R. (FORMERLY PT HEPhA\ AV & PT AUBURN AVE PL 322, CLOSE D BY 210008)71'1, 2, 3,4, 5,6,7, 58R,13759; S/T & VW 1566343; S/T 14C4828, 1559347, 1563157; KITCHENER,I)ei.ng PIN 22565-352(LT)
This eertificate is issi.14,(.1 under am order of che .eourr: made on ,.20c d
,jJ C-7-2(90‘74 Issued by Locarr.74istrar
Address of court office 393 Univm-sity A.vm-nw Floer). Toronto ON M5G 1E6 TAB L This is Exhibit L to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
A co ner for taking affidavi s e c. LRO # 58 Application To Register Court Order Registered as WR608571 on 2011 04 15 at 15:45 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 6
Properties
PIN 22565 — 0352 LT Interest/Estate Fee Simple Description LT 75-81 PL 322 TWP OF WATERLOO;PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 141 STREETS & LANES KITCHENER; PT LT 142 STREETS & LANES KITCHENER (FORMERLY PT HERMAN AV
PT AUBURN AV PL 322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7, 58R13759; SIT & TNV 1566343; S/T 1404828, 1559347, 1563157; KITCHENER Address 1250 WEBER STREET EAST KITCHENER
Party From(s)
Name ONTARIO SUPERIOR COURT OF JUSTICE Address for Service Court House, 20 Weber St. E., Kitchener, ON N2H 1C3
Applicant(s) Capacity. Share
Name EMMANUEL VILLAGE RESIDENCE INC. Address for Service c/o 55 King St. W., Box 1234, Kitchener, ON N2G 4G9
Statements
The applicant applies to register the following order See Schedules. The order is still in full force and effect This document relates to registration no.(s)WR53031
Signed By
Corinn Angela Brayshaw 55 King Street W., 6th Floor P.O. acting for Signed 2011 04 15 Box 1234 Applicant(s) Kitchener N2G 4G9 Tel 5197444491 Fax 5197418060 I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
MADORIN, SNYDER LLP 55 King Street W., 6th Floor P.O. 2011 04 15 Box 1234 Kitchener N2G 4G9 Tel 5197444491 Fax 5197418060
Fees/Taxes/Payment
Statutory Registration Fee $60.00 Total Paid $60.00
File Number
Party From Client File Number: 451595 Court File No. 04-CV-271509 CM3
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE Twir2S. DAY, THE\t DAY
JUSTICE STRATHY ) OF APRIL, 2011
B ETWEEN:
1459671 ONTARIO INC., 1459672 ONTARIO INC., 1459673 ONTARIO INC., AJINDRAPAL SINGH, RAJESH CHOWDHRY and INDERPAL BAJAJ
Plaintiffs and
EMMANUEL VILLAGE HOMES(KITCHENER) INC., EMMANUEL VILLAGE RESIDENCE INC., EMMANUEL VILLAGE MANAGEMENT INC., COMMONWEALTH CAPITAL CORPORATION, 1488583 ONTARIO INC., 1553748 ONTARIO INC., 1553749 ONTARIO INC., 1459649 ONTARIO INC. AND BRYAN HUNKING
Defendants
ORDER
THIS MOTION, rnade by the Defendant Emmanuel Village Residence Inc., for an A Order varying the Order of the Honourable Justice Strathy dated March 1, 2011,
attached hereto as Schedule "A", was heard this day at the Court House, 330
University Avenue, Toronto, Ontario.
ON READING the Notice of Motion and Consent of the parties, filed: 2
1. THIS COURT ORDERS that the Order of the Honourable Justice Strathy
dated March 1, 2011, attached hereto as Schedule "A", shall be and the
same is hereby varied as follows:
(a) With respect to paragraph 2., replacing the entire paragraph with
the following:
2. THIS COURT ORDERS that a mortgage in the principal
amount of $11,700,000 for a term of 2 years at an interest rate of
8.5% per annum, compounded semi-annually and payable monthly,
(the "New Mortgage") be registered against title to the lands held by
Emmanuel Village Residence Inc. described as: LT 75-81 PL 322
TWP OF WATERLOO; PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP
OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 141
STREETS & LANES KITCHENER; PT LT 142 STREETS & LANES
KITCHENER (FORMERLY PT HERMAN AV & PT AUBURN AVE
PL 322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7, 58R-13759;
SIT & 1/W 1566343; S/T 1404828, 1559347, 1563157;
KITCHENER, being PIN 22565-0352(LT); (the "Property"); and
upon registration thereof the existing first mortgage in favour of 4"'Aft.L., Romspen Investment Corporation registered as Instrument Number QA .r.6b4r 44-'4; °°/C li/14 9C9 1 r66345 shall be discharged. °: i At)to,9 lriPR (974` rfl.:e S `414,• p P.§ I/ ( , 2
1. THIS COURT ORDERS that the Defendant Emmanuel Village Residence
Inc., is hereby authorized to proceed with mortgage refinancing in
accordance with the terms of a commitment letter, dated February 7,
2011, issued by Home Trust Company.
2. THIS COURT ORDERS that a mortgage in the principal amount of
$11,700,000 for a term of 34 years at an interest rate of 8.5% per annum,
compounded semi-annually and payable monthly, (the "New Mortgage")
be registered against title to the lands held by Emmanuel Village
Residence Inc. described as: LT 75-81 PL 322 TWP OF WATERLOO; PT
LT 38-43, 51-56, 74, 82-84 PL 322 TWP OF WATERLOO; PT LT 85 PL
1069 KITCHENER; PT LT 2 PLN 963 KITCHENER, PT LT 141 STREETS
& LANES KITCHENER PT LT 142 STREETS & LANES KITCHENER
(FORMERLY PT HERMAN AV & PT AUBURN AVE PL 322, CLOSED BY
2100080 PT 1, 2, 3, 4, 5, 6, 7, 58R-13759; SIT & TNV 1566343; SIT & TNV
1404828, 1559347, 1563157; KITCHENER, being PIN 22565-0352(LT);
(the "Property"); and upon registration thereof the existing first mortgage in
favour of Romspen Investment Corporation registered as Instrument
Number 1566345 shall be discharged.
3. THIS COURT ORDERS that the New Mortgage shall he an encumbrance
upon the said Property prior to the Certificate of Pending Litigation issued
in favour of the Plaintiffs and registered on title as Instrument Number
WR53031 and in the same manner and to the same effect as if the New 3
Mortgage had been dated and registered prior to the said Certificate of
Pending Litigation.
4. THIS COURT ORDERS that there be no award of costs in this motion.
MAR 1 5
M AT LAMA 487295\1 R. !Montan. Registrar Superior Court of Justice
TORONTO INSCRIT A AT i ENTERED BOOK NO: ON / REG1STRE DANS LE 1...E I ZOli MAR 8
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CM3 TAB M This is Exhibit M to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
missioner for taking affidavits e LRO # 58 Application To Register Court Order Registered as WR608873 on 2011 04 18 at 16:06 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 7
Properties
PIN 22565 - 0352 LT Interest/Estate Fee Simple Description LT 75-81 PL 322 TWP OF WATERLOO; PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP OF WATERLOO;PT LT 2 PL 963 KITCHENER; PT LT 141 STREETS & LANES KITCHENER; PT LT 142 STREETS & LANES KITCHENER (FORMERLY PT HERMAN AV
PT AUBURN AV PL 322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7, 58R13759; SIT & T/W 1566343; S/T 1404828, 1559347, 1563157; KITCHENER Address 1250 WEBER STREET EAST KITCHENER
Party From(s)
Name ONTARIO SUPERIOR COURT OF JUSTICE Address for Service Court House, 20 Weber St. E., Kitchener, ON N2H 1C3
Applicant(s) Capacity Share
Name EMMANUEL VILLAGE RESIDENCE INC. Address for Service do 55 King St. W., Box 1234, Kitchener, ON N2G 4G9
Statements
The applicant applies to register the following order See Schedules. The order is still in full force and effect This document relates to registration no.(s)WR53031
Signed By
Corinn Angela Brayshaw 55 King Street W., 6th Floor P.O. acting for Signed 2011 04 18 Box 1234 Applicant(s) Kitchener N2G 4G9 Tel 5197444491 Fax 5197418060 I have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
MADORIN, SNYDER LLP 55 King Street W., 6th Floor P.O. 2011 04 18 Box 1234 Kitchener N2G 4G9 Tel 5197444491 Fax 5197418060
Fees/Taxes/Payment
Statutory Registration Fee $60.00 Total Paid $60.00
File Number
Party From Client File Number: 451595 Court File No. 04-CV-271509 CM3
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE Tc4--e....S. DAY, THEtt DAY
JUSTICE STRATHY ) OF APRIL, 2011
B ETWEEN:
1459671 ONTARIO INC., 1459672 A ONTARIO INC., 1459673 ONTARIO INC., AJINDRAPAL SINGH, RAJESH CHOWDHRY and INDERPAL BAJAJ
Plaintiffs and
-EMMANUEL VILLAGE HOMES (KITCHENER) INC., EMMANUEL VILLAGE RESIDENCE INC., EMMANUEL VILLAGE MANAGEMENT INC., COMMONWEALTH CAPITAL CORPORATION, 1488583 ONTARIO INC., 1553748 ONTARIO INC., 1553749 ONTARIO INC., 1459649 ONTARIO INC. AND BRYAN HUNKING
Defendants
ORDER •Lk-tN THIS MOTION, made by the Defendant Emmanuel Village Residence Inc., for an A Order varying the Order of the Honourable Justice Strathy dated March 1, 2011, attached hereto as Schedule "A", was heard this day at the Court House, 330
University Avenue, Toronto, Ontario.
ON READING the Notice of Motion and Consent of the parties, filed: 2
1. THIS COURT ORDERS that the Order of the Honourable Justice Strathy
dated March 1, 2011, attached hereto as Schedule "A", shall be and the
same is hereby varied as follows:
(a) With respect to paragraph 2., replacing the entire paragraph with
the following:
2. THIS COURT ORDERS that a mortgage in the principal
amount of $11,700,000 for a term of 2 years at an interest rate of
8.5% per annum, compounded semi-annually and payable monthly,
(the "New Mortgage") be registered against title to the lands held by
Emmanuel Village Residence Inc. described as: LT 75-81 PL 322
TWP OF WATERLOO; PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP
OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 141
STREETS & LANES KITCHENER; PT LT 142 STREETS & LANES
KITCHENER (FORMERLY PT HERMAN AV & PT AUBURN AVE
PL 322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7, 58R-13759;
SIT & T/W 1566343; SR- 1404828, 1559347, 1563157;
KITCHENER, being PIN 22565-0352(LT); (the "Property"); and
upon registration thereof the existing first mortgage in favour of
Romspen Investment Corporation registered as Instrument Number
4/0. 4'cW,p/1 66345 shall be discharged. 47p,0 497,47 (lb 47410. SCHEDULE "A"
Court File No. 04-CV-271509 CM3
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE ) TUESDAY, THE 1st DAY FQAT JUSTICE 7(5s: ) OF MARCH, 2011
B ETWEEN:
1459671 ONTARIO INC., 1459672 ONTARIO INC., 1459673-ONTARIO INC., AJINDRAPAL SINGH, RAJESH CHOWDHRY and INDERPAL BAJAJ
Plaintiffs and
EMMANUEL VILLAGE HOMES(KITCHENER) INC., EMMANUEL VILLAGE RESIDENCE INC., EMMANUEL VILLAGE MANAGEMENT INC., 'b> COMMONWEALTH CAPITAL CORPORATION, 1488583 ONTARIO INC., 1553748 ONTARIO INC., 1553749 ONTARIO INC., 1459649 ONTARIO INC. AND BRYAN HUNKING
Defendants
ORDER
THIS MOTION made by the Defendants for an Order temporarily vacating the Certificates of Pending Litigation was heard February 25, 2010 at the Court House, 330 University Avenue, Toronto, Ontario.
ON reading the Affidavit of Gwendolyn Adrian, affirmed February
18, 2011 and upon hearing submissions of counsel for the Moving Party and the
Responding Parties, 2
1. THIS COURT ORDERS that the Defendant Emmanuel Village Residence I nc., is hereby authorized to proceed with mortgage refinancing in
accordance with the terms of a commitment letter, dated February 7,
2011, issued by Home Trust Company.
2. THIS COURT ORDERS that a mortgage in the principal amount of
$11,700,000 for a term of 34 years at an interest rate of 8.5% per annum,
compounded semi-annually and payable monthly, (the "New Mortgage")
be registered against title to the lands held by Emmanuel Village
Residence Inc. described as: LT 75-81 PL 322 TWP OF WATERLOO; PT
LT 38-43, 51-56, 74, 82-84 PL 322 TWP OF WATERLOO; PT LT 85 PL
1069 KITCHENER; PT LT 2 PLN 963 KITCHENER, PT LT 141 STREETS
& LANES KITCHENER PT LT 142 STREETS & LANES KITCHENER
(FORMERLY PT HERMAN AV & PT AUBURN AVE PL 322, CLOSED BY
2100080 PT 1, 2, 3, 4, 5, 6, 7, 58R-13759; SIT & TAN 1566343; S/T & T/W
1404828, 1559347, 1563157; KITCHENER, being PIN 22565-0352(LT);
(the "Property"); and upon registration thereof the existing first mortgage in
favour of Romspen Investment Corporation registered as Instrument
Number 1566345 shall be discharged.
3. THIS COURT ORDERS that the New Mortgage shall be an encumbrance
upon the said Property prior to the Certificate of Pending Litigation issued
in favour of the Plaintiffs and registered on title as Instrument Number
WR53031 and in the same manner and to the same effect as if the New 3
Mortgage had been dated and registered prior to the said Certificate of
Pending Litigation.
4. THIS COURT ORDERS that there be no award of costs in this motion.
MAR 1 5 toil
WAT LAVA 487295\1 R. ittleman, Registrar superior Court of Justice
TORONTO IN$CR1T A AT I ENTERED BOOK Na: ON / RalSTRZ / DANS t 7..011 MAR 18
OOLNEN NO.: Q 000 ENT NO.: A' 'TITRE CHAR: Court File No. 04-CV-271509 CM3 1459671 ONTARIO INC. ET AL and EMMANUEL VILLAGE HOMES (KITCHENER) INC. ET AL
ONTARIO SUPERIOR COURT OF JUSTICE
(PROCEEDING COMMENCED AT Toronto)
ORDER
GOWLING LAFLEUR HENDERSON LLP Barristers and Solicitors Suite 1020, Commerce House 50 Queen Street North Kitchener, Ontario N2H 6M2
Ross F. Earnshaw (LSUC # 187441) Telephone: 519-575-7525 Facsimile: 519-571-5025
LAWYERS FOR THE DEFENDANTS TAB N This is Exhibit N to the Affidavit of Alexis Natasha Lara Radojcic Sworn August 17, 2016
issioner for taking affidavits etc. Court File No. 04-CV-271509 CM3
ONTARIO SUPERIOR COURT OF JUSTICE
An-) MASTER ) 11) DAY, THE (-) DAY Master T. R. Hawkins ) MAY ) OF ARSE,2012.
B ETWEEN:
1459671 ONTARIO INC., 1459672 ONTARIO INC., 1459673 ONTARIO INC., AJINDRAPAL SINGH, RAJESH CHOWDHRY and INDERPAL BAJAJ
Plaintiffs and
VILLAGE HOMES (KITCHENER) INC., NUEL VILLAGE RESIDENCE INC., NUEL VILLAGE MANAGEMENT INC., ONWEALTH CAPITAL CORPORATION, 3 ONTARIO INC., 1553748 ONTARIO INC., 53749 ONTARIO INC., 1459649 ONTARIO INC. AND BRYAN HUNKING
Defendants
ORDER
THIS MOTION, made by the Defendant, Emmanuel Village Residence Inc., for an
Order dismissing this action bearing Court File No. 04-CV-271509CM3 and for an
Order discharging Certificates of Pending Litigation, was heard this day at the
Court House, 330 University Avenue, Toronto, Ontario.
ON READING the Notice of Motion and Consent of the parties, filed: 2
1. THIS COURT ORDERS that this action bearing Court File No. 04-CV-
271509CM3 be dismissed, without costs;
2. THIS COURT ORDERS that the following Certificates of pending Litigation
be discharged:
(a) the Certificate of Pending Litigation registered on July 7, 2004 as
Instrument no. WR53031 against title to the lands known as LT 75-
81 PL 322 TWP OF WATERLOO; PT LT 38-43, 51-56, 74, 82-85
PL 322 TWP OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT
LT 141 STREETS & LANES KITCHENER; PT LT 142 STREETS &
LANES KITCHENER (FORMERLY PT HERMAN AV & PT
AUBURN AV PL 322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7,
58R13759; S/T & T/W 1566343; SIT 1404828, 1559347, 1563157;
KITCHENER, being PIN 22565-0352 (LT); and,
(b) the Certificate of Pending Litigation registered on July 7, 2004 as
Instrument no. WR53033 against title to the lands known as LT 57-
67, 72-73 PL 322 TWP OF WATERLOO; PT LT 55-56, 68-71, 74
PL 322 TWP OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT
LT 142 STREETS & LANES KITCHENER (FORMERLY PT
PROSPECT AVE & PT AUBURN AVE PL 322, CLOSED BY
BYLAW 210008) PT 11, 12 & 13, 58R-13759; S/T & T/VV 1566343; 3
SIT 634937; SIT 1559347; KITCHENER, being PIN 22565-0351
(LT). R,i4a49;46/A Master T. R. Hawkins
WAT LAW\ 556020\1
ENTERED AT/INSCRIT A TORONTO ON/BOOK •NO: LE/DANS LE REGISTRE NO: JUN 28 2012
PtRiPAR: Court File No. 04-CV-271509 CM3 1459671 ONTARIO INC. ET AL and EMMANUEL VILLAGE HOMES(KITCHENER) INC. ET AL
ONTARIO SUPERIOR COURT OF JUSTICE
(PROCEEDING COMMENCED AT Toronto)
ORDER
GOWLING LAFLEUR HENDERSON LLP Barristers and Solicitors Suite 1020, Commerce House 50 Queen Street North Kitchener, Ontario N2H 6M2
Ross F. Earnshaw (LSUC # 187441) Telephone: 519-575-7525 Facsimile: 519-571-5025
LAWYERS FOR THE DEFENDANTS
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TAB 5 Court File No. CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
THE HONOURABLE ) FRIDAY, THE 19TH ) JUSTICE ) DAY OF AUGUST, 2016
B E T W E E N: EMMANUEL VILLAGE RESIDENCE INC.
Applicant
- and -
ATTORNEY GENERAL OF ONTARIO Applicant
- and -
1250 WEBER STREET EAST, KITCHENER, ONTARIO OR THE PROCEEDS OF THE SALE THEREOF (IN REM) Respondent
ORDER (Appointment of Representative Counsel and Discharge of CPL)
THIS MOTION made by Emmanuel Village Residence Inc. (“EVR”) for an order:
a. if necessary, abridging the time for service and filing of this notice of motion and the motion record and dispensing with further service thereof;
b. appointing a representative of the EVH Residents (as defined below) for the limited scope and purpose of advising the EVH Residents of the impact of the pending sale of EVR including the impact of the approval and vesting motion scheduled for August 31, 2016, if successful; and - 2 -
c. varying the Order of Justice Pattillo, dated July 27, 2016 (the “Preservation Order”), to permit the Order of Master T. R. Hawkins, dated May 18, 2012 in Court File No. 04-CV-271509 CM3 (the “CPL Discharge Order”), to be registered on title to the property described in Schedule “A” (the “Property”) and deleting instruments WR608571 and WR608873 from title to the Property in accordance with the CPL Discharge Order, was heard this day at 330 University Avenue, Toronto, Ontario.
ON READING the Motion Record of EVR, including the Notice of Motion, the Affidavit of Judith Ann Hunking, sworn August 17, 2016 and the Exhibits thereto, and on hearing the submissions of counsel for EVR, proposed counsel for the EVH Residents, and counsel for the Receiver, no one else appearing, although duly served,
SERVICE
1. THIS COURT ORDERS that the time for service of the Notice of Motion and the Motion is hereby abridged and validated so that this motion is properly returnable today and hereby dispenses with further service thereof.
DEFINITIONS
2. The following terms shall have the meanings ascribed thereto:
a. “EVH Residents” means the individuals who have entered into a Right to Occupy Agreement Emmanuel Village Homes (Kitchener) Inc. (“EVH”);
b. "Opt-Out Individuals" has the meaning set out in paragraph 10 hereof;
c. "Representative Counsel" has the meaning set out in paragraph 4 hereof; and - 3 -
d. "Representative" has the meaning set out in paragraph 3 hereof.
REPRESENTATION OF EVH RESIDENTS
3. THIS COURT ORDERS that Nancy Lageer (the "Representative") is hereby appointed as representative of all EVH Residents in these Proceedings (excluding Opt- Out Individuals, if any), with the scope and purpose of such appointment relating to advising on all matters affecting the interests of the EVH Residents in the sale of EVR, which is the subject of an approval and vesting motion scheduled for August 31, 2016 (the "Purpose").
4. THIS COURT ORDERS that Oldfield, Greaves, D’Agostino ("Representative Counsel") is hereby appointed as representative counsel of the Representative in these Proceedings in relation to the Purpose.
5. THIS COURT ORDERS that EVR shall provide to Representative Counsel, without charge, the following information, documents and data (the "Information"):
a. the names and unit addresses of all of the EVH Residents (excluding Opt- Out Individuals, if any, who have opted out prior to delivery of the Information); and
b. upon request of Representative Counsel, such documents and data as may be relevant to the Purpose, including documents and data pertaining to the EVH Residents and that, in so doing, EVR is not required to obtain express consent from such EVH Residents authorizing disclosure of the Information to Representative Counsel for the Purpose and, further, in accordance with section 7(3) of the Personal Information Protection and Electronic Documents Act, this Order shall be sufficient to authorize the disclosure of the Information without the knowledge or consent of the individual EVH Residents for the Purpose. - 4 -
6. THIS COURT ORDERS that Representative Counsel may, with prior approval of the Receiver and EVR or by further order of this Court, retain such other advisors and assistants as may be necessary in connection with its duties as Representative Counsel in relation to the Purpose.
7. THIS COURT ORDERS that Representative Counsel shall be paid their reasonable fees and disbursements, in each case at their standard rates and charges, by EVR as part of the costs of these Proceedings, both before and after the making of this Order in respect of these Proceedings. The Receiver is hereby authorized to pay the accounts of Representative Counsel. In the event of any disagreement regarding such fees and disbursements, such disagreement may be remitted to this Court for determination.
8. THIS COURT ORDERS that the Representative Counsel shall be entitled to the benefit of the Administration Charge, on the terms set out in paragraphs 27-29 of the Order of Justice Penny, dated June 24, 2016, as security for their professional fees and disbursements incurred at the standard rates and charges of Representative Counsel, both before and after the making of this Order with respect to and incidental to the appointment of Representative Counsel.
9. THIS COURT ORDERS that the Representative or Representative Counsel on her behalf is authorized to take all steps and to do all acts necessary or desirable to carry out the terms of this Order, including dealing with any Court, regulatory body and other government ministry, department or agency, and to take all such steps as are necessary or incidental thereto.
10. THIS COURT ORDERS that, with the exception of Opt-Out Individuals, the Representative shall represent all EVH Residents in these Proceedings, which persons shall be bound by the actions of the Representative and Representative Counsel in these proceedings. - 5 -
11. THIS COURT ORDERS that service on Representative Counsel shall be deemed effective service on all of the EVH Residents, excluding Opt-Out Individuals, if any.
NOTICE AND OPT-OUT PROCEDURE
12. THIS COURT ORDERS that notice of the granting of this Order, substantially in the form attached hereto as Schedule "A" shall be delivered to each of the EVH Residents at their unit address.
13. THIS COURT ORDERS that any individual who does not wish to be represented by the Representative and Representative Counsel in these Proceedings shall, within 5 business days, notify the Receiver, EVR and Representative Counsel, in writing, that he or she is opting out of representation by the Representative and Representative Counsel (an "Opt-Out Notice"), and shall thereafter not be bound by the actions of the Representative or Representative Counsel and shall represent himself or herself or be represented by any counsel that he or she may retain exclusively at his or her own expense in these Proceedings (any such persons who deliver an Opt-Out Notice in compliance with the terms of this paragraph, "Opt-Out Individuals").
PROTECTIONS AND AUTHORITY TO SEEK ADVICE AND DIRECTIONS
14. THIS COURT ORDERS that the Representative and Representative Counsel shall have no liability as a result of their appointment or the fulfilment of their duties in carrying out the provisions of this Order and any subsequent Orders in these Proceedings, save and except for any gross negligence or wilful misconduct on their part.
15. THIS COURT ORDERS that the Representative and Representative Counsel shall be at liberty and are authorized at any time to apply to this Court, on proper notice to the Receiver, for advice and directions in the performance or variation of their powers - 6 - and duties and, in the event of any disagreement over whether the Representative and Representative Counsel can act on a certain matter applicable to the EVH Residents, such disagreement may be remitted to this Court for determination.
DISCHARGE OF INSTRUMENTS ON TITLE TO THE PROPERTY
16. THIS COURT ORDERS that paragraph 2 of the Preservation Order shall be varied to permit the CPL Discharge Order to be registered on title to the Property and deleting each of the Application to Register Court Order registered as Instrument WR608571 and the Application to Register Court Order registered as Instrument No. WR608873 from title to the Property.
______Schedule “A”
Description of the Property
PIN 22565-0352 (LT), registered in Land Registry Office No. 58, legally described as:
LT 75-81 PL 322 TWP OF WATERLOO; PT LT 38-43, 51-56, 74, 82-85 PL 322 TWP OF WATERLOO; PT LT 2 PL 963 KITCHENER; PT LT 141 STREETS & LANES KITCHENER; PT LT 142 STREETS & LANES KITCHENER (FORMERLY PT HERMAN AV & PT AUBURN AV PL 322, CLOSED BY 210008) PT 1, 2, 3, 4, 5, 6, 7, 58R13759; S/T & T/W 1566343; S/T 1404828, 1559347, 1563157; KITCHENER EMMANUEL VILLAGE ATTORNEY GENERAL OF and and 1250 WEBER STREET EAST RESIDENCE INC. ONTARIO Court File No:CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
Proceeding commenced at Toronto
ORDER
DLA PIPER (CANADA) LLP Barristers & Solicitors 1 First Canadian Place 100 King Street West, Suite 6000 P.O. Box 367 Toronto ON M5X 1E2
Bruce Darlington (LSUC# 25310K) [email protected] Tel: 416-365-3529 Fax: 416-369-5210
Jennifer A. Whincup (LSUC# 60326W) [email protected] Tel: 416-365-3425 Fax: 416-369-5240
Lawyers for Emmanuel Village Residence Inc. EMMANUEL VILLAGE ATTORNEY GENERAL OF ONTARIO EMMANUEL VILLAGE RESIDENCE INC. and RESIDENCE INC. and Court File No: CV-16-11424-00CL
ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
Proceeding commenced at Toronto
MOTION RECORD OF EMMANUEL VILLAGE RESIDENCE INC.
DLA PIPER (CANADA) LLP Barristers & Solicitors 1 First Canadian Place 100 King Street West, Suite 6000 P.O. Box 367 Toronto ON M5X 1E2
Bruce Darlington (LSUC# 25310K) [email protected] Tel: 416-365-3529 Fax: 416-369-5210
Jennifer A. Whincup (LSUC# 60326W) [email protected] Tel: 416-365-3425 Fax: 416-369-5240
Lawyers for Emmanuel Village Residence Inc.
CAN: 22443870.1