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Receiver's Motion Record (Volume II of V)

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Receiver's Motion Record (Volume II of V) Court File No. CV-17-586126-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) B E T W E E N: KAWARTHA CREDIT UNION LIMITED Applicant - and - 2373687 ONTARIO INC. Respondent APPLICATION UNDER section 243 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, and under section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43 MOTION RECORD OF THE RECEIVER (VOLUME II OF V) (returnable June 6, 2019) June 5, 2019 BLANEY MCMURTRY LLP Barristers & Solicitors 2 Queen Street East, Suite 1500 Toronto ON M5C 3G5 Eric Golden (LSUC #38239M) (416) 593-3927 (Tel) (416) 596-2049 (Fax) Email: [email protected] Chad Kopach (LSUC #48084G) (416) 593-2985 (Tel) (416) 594-5095 (Fax) Email: [email protected] Lawyers for Kawartha Credit Union Limited and The Fuller Landau Group Inc. TO: SERVICE LIST Court File No. CV-17-586126-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) B E T W E E N: KAWARTHA CREDIT UNION LIMITED Applicant - and - 2373687 ONTARIO INC. Respondent APPLICATION UNDER section 243 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, and under section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43 I N D E X Tab Pages 1. Notice of Motion returnable June 6, 2019 ........................................................... 1-9 2. Second Report of The Fuller Landau Group Inc. dated June 4, 2019 ................. 10-45 A. Appendix “A” - Receivership Order of Justice Conway dated December 15, 2017 .................................................................................................................... 46-67 B. Appendix “B” - First Report of the Receiver dated April 12, 2018 (without appendices) .......................................................................................................... 68-91 C. Appendix “C” - Supplement to the First Report of the Receiver dated May 28, 2018 (without appendices) ................................................................................... 92-96 D. Appendix “D” - Approval Order of Justice Pattillo dated May 30, 2018 ............ 97-110 E. Appendix “E” - Affidavit of Steven McGlennon sworn November 22, 2017 (without exhibits) ................................................................................................. 111-142 F. Appendix “F” - Pinchin Appointment Letter dated June 2, 2018 ....................... 143-146 -2- G. Appendix “G” - MOECC letter dated February 2015 and Conservation Authority Letters dated January and March 2014 ............................................... 147-153 H. Appendix “H” – Pinchin Initial Site Plan material dated August 2018 ............... 154-422 I. Appendix “I” - Septic Field Approval ................................................................. 423-432 J. Appendix “J” - Email from the City regarding preliminary review of the Initial Design dated October 12, 2018 ............................................................................ 433-437 K. Appendix “K” - Summary of Pinchin conference call with the City, Conservation Authority and the MOECC dated November 15, 2018 ................. 438-443 L. Appendix “L” - Aerial Photograph of Trailer Park ............................................. 444-445 M. Appendix “M” - Environmental Study prepared by Beacon Environmental dated May 2019 ................................................................................................... 446-462 N. Appendix “N” - Pinchin Geotech Study .............................................................. 463-473 O. Appendix “O” - Pinchin’s revised Site Plan material dated May 2019 ............... 474-848 P. Appendix “P” - Onsite Sewage Disposal Site Inspection Report ........................ 849-858 Q. Appendix “Q” - Pinchin’s Inspection Report Response and Course of Action... 859-888 R. Appendix “R” - Environmental Consulting Services Agent ............................... 889-903 S. Appendix “S” - Tender Invitation ........................................................................ 904-1046 T. Appendix “T” - Gibson Environmental Ltd. Lien Discharge and Dismissal Order .................................................................................................................... 1047-1052 U. Appendix “U” - Statement of Receipts and Disbursements for the Period December 15, 2017 to April 30, 2019 ................................................................. 1053-1054 V. Appendix “V” - Fee Affidavit of Gary Abrahamson sworn May 29, 2019 ......... 1055-1132 W. Appendix “W” - Fee Affidavit of Chad Kopach sworn June 4, 2019 ................. 1133-1252 154 Appendix “H” 155 August 22, 2018 Development Services - Planning Division City of Kawartha Lakes E-mail: [email protected] 180 Kent Street West Lindsay, Ontario K9V 2Y6 Attention: Richard Holy, MCIP, RPP Manager of Planning Re: Site Plan Application: Mariposa Creek Estates 790 Elm Tree Road, Little Britain, Ontario Pinchin File: 219712 Pinchin Ltd. (Pinchin) on behalf of The Fuller Landau Group Inc.’s please to submit the attached Site Plan Application and supporting documentation to Development Services - Planning Division City of Kawartha Lakes, for the Mariposa Creek Estates Resort located at 790 Elm Tree Road, Little Britain, Ontario (Site). Should you have any questions or concerns regarding the contents of this letter, please contact the undersigned. Yours truly, Pinchin Ltd. Prepared by: Ian Hutcheson, P.Eng. Senior Project Manager 905.363.1325 [email protected] Enclosed: Tab 1: Site Plan Application Tab 2: Site Plan Drawings Tab 3: Sanitary Sewer Design Sheet Tab 4: Stormwater Management Brie \\pinchin.com\Miss\Job\219000s\0219712.000 BlaneyMcMurtry,790ElmTreeRoad,ERC,WATER\Deliverables\Site Plan Application\219712 - Mariposa Creek Site Plan Application 790 Elm Tree Road, Little Britain Fuller Landau August 21, 2018.docx Template: Master Letter Template, December 13, 2017\ Pinchin Ltd. 2470 Milltower Court, Mississauga, ON L5N 7W5 www.pinchin.com Page 1 of 1 156 Tab 1 Site Plan Application 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Tab 2 Site Plan Drawings 188 189 190 191 192 193 194 195 196 Tab 3 Sanitary Sewer Design Sheet 197 SANITARY SEWER DESIGN SHEET Engineering & Corporate Assets P = population DATE:Aug. 16, 2018 FILE No.: 219712 Department DESIGNED: PROJECT: City of Kawartha Lakes q = average per capita daily flow 450 L/cap.d M = peaking factor (Harmon) IZH Mariposa Creek Estates 12 Peel Street c = unit of commercial/institutional flow 28.00 m3/ha.d P = p x # units / 1000 CHECKED: PW Lindsay, ON K9V 5R8 1/2 Tel: (705) 324-9411 ic = unit of peak commercial/institutional extraneous flow 0.26 L/ha.s M = 1 + 14 / (4 + P ) , maximum of 4.0, minimum of 2.0 Toll Free: 1-888-822-2225 p = unit of population density 2.30 ppu Q = (P x q x M) / 86.4 M Min = 1.5 Q(p) = peak population flow (L/s) M Max = 3.8 SHEET No.: Q(i) = i x A = peak extraneous flow (L/s) Q(c) = c x A = peak commercial flow (L/s) 1 OF 1 86400 Q(d) = Q(p) + Q(i) = peak design flow (L/s) LOCATION INDIVIDUAL CUMULATIVE PROPOSED SANITARY SEWER No. COM./INST. COM./INST. TOTAL PEAKING POPULATION CUMULATIVE COM./INST. PEAK EXTRANEOUS PEAK DESIGN PIPE SIZE FULL FLOW ACTUAL FROM TO RESIDENTIAL RES. AREA AREA RES. AREA AREA AREA FACTOR FLOW, Q(p) FLOWS FLOW, Q(i) FLOW, Q(d) LENGTH DIAMETER GRADE CAPACITY VELOCITY VELOCITY PERCENT STREET MH MH UNITS POP (ha) (ha) POP (ha) (ha) (ha) (M) (L/s) (L/s) (L/s) (L/s) (m) (mm) (%) MANNING'S n (L/s) (m/s) (m/s) FULL Phase I Street A (1,3,5,7,9) CO MH1 S.Inv 5 11.5 0.37 0.00 11.50 0.37 0.00 0.37 3.80 0.228 0.000 0.097 0.325 71.1 150 1.10% 0.013 16.0 0.90 0.36 2.0% Street A (11,13,15,17,19) MH1 N.Inv MH2 S.Inv 5 11.5 0.32 0.00 23.00 0.69 0.00 0.69 3.80 0.455 0.000 0.180 0.635 70.4 150 0.55% 0.013 11.3 0.64 0.34 5.6% Street A (21,23,25,27) MH2. N.Inv MH3 S.Iinv 4 9.2 0.32 0.00 32.20 1.01 0.00 1.01 3.80 0.637 0.000 0.263 0.901 70.5 150 0.55% 0.013 11.3 0.64 0.37 8.0% Street A (29,31,33,35,37) MH3 N.Inv MH4 S.Inv 5 11.5 0.34 0.00 43.70 1.35 0.00 1.35 3.80 0.865 0.000 0.352 1.217 71.1 150 0.55% 0.013 11.3 0.64 0.40 10.8% Street A (39) DW39 MH4 N.Inv 1 2.3 0.21 0.00 2.30 0.21 0.00 0.21 3.80 0.046 0.000 0.053 0.099 30.3 150 1.70% 0.013 19.9 1.12 0.31 0.5% Street A-B (1,2,3,4,5,6,7,8) CO MH9 S.Inv 8 18.4 0.62 0.00 18.40 0.62 0.00 0.62 3.80 0.364 0.000 0.162 0.526 71.4 150 1.10% 0.013 16.0 0.90 0.41 3.3% Street A-B (9,10,11,12,13,14) MH9. N.Inv MH10 S.Inv 6 13.8 0.51 0.00 32.20 1.13 0.00 1.13 3.80 0.637 0.000 0.294 0.931 71.7 150 0.55% 0.013 11.3 0.64 0.37 8.2% Street A-B (15,16,17,18,19,20) MH10. N.Inv MH11 S.Inv 6 13.8 0.51 0.00 46.00 1.64 0.00 1.64 3.80 0.910 0.000 0.425 1.336 71.7 150 0.55% 0.013 11.3 0.64 0.41 11.8% Street A-B (21,22,23,24,25,26) MH11 N.Inv MH5 S.Inv 6 13.8 0.61 0.00 59.80 2.25 0.00 2.25 3.80 1.184 0.000 0.585 1.768 66.4 150 0.55% 0.013 11.3 0.64 0.45 15.7% Street A-B (28) MH5 W.Inv MH4 E.Inv 1 2.3 0.11 0.00 62.10 2.36 0.00 2.36 3.80 1.229 0.000 0.613 1.842 40.0 150 0.50% 0.013 10.8 0.61 0.43 17.1% Street B-C(1,2,3,4,5,6,7,8,9,10,11,12) CO MH12 S.Inv 12 27.6 0.72 0.00 27.60 0.72 0.00 0.72 3.80 0.546 0.000 0.187 0.733 84.4 150 1.10% 0.013 16.0 0.90 0.45 4.6% Street B-C(13,14,15,16,17,18,19,20,21,23) MH12.
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