Terrasan 327 Royal York RD. Limited
On February 24, 2017 pursuant to an order of the Ontario Superior Court of Justice (Commercial List) (the “Receivership Order”), BDO Canada Limited was appointed as receiver and manager (the “Receiver”) to exercise the powers and duties as specifically set out in the Receivership Order with respect to the assets, undertakings and properties of Terrasan 327 Royal York Rd. Limited (the “Company”).
Copies of orders, reports and other pertinent public information may be accessed via the sidebar links at any time. Updates, including all relevant orders issued by the court, have been and will be posted as they become available.
The Company's principal assets include a partially constructed residential condominium development on project lands municipally known as 327 Royal York Road, Toronto, ON, marketed as the “On the Go Mimico” residential condominium development. The condominium project together with the project lands are hereinafter referred to collectively as the “Project”.
SYNDICATED MORTGAGE CLAIMS PROCEDURE
On July 15, 2019, the Court granted a further order, establishing a claims procedure in respect of claims against Terrasan asserted by investors in a syndicated mortgage held in the name of Olympia Trust Company, John Fletcher and Community Trust Company (the "Syndicated Mortgage") for the purposes of the Terrasan receivership proceedings (the "Syndicated Mortgage Claims Procedure Order"). A copy of the Syndicated Mortgage Claims Procedure Order may be accessed by clicking the following link: Syndicated Mortgage Claims Procedure Order or by clicking on the "Court Documents/Receiver's Reports" tab on the side bar.
Pursuant to the Syndicated Mortgage Claims Procedure Order, the Receiver is required by July 19, 2019, to send a Claims Package to each known investor, with instructions regarding a claims procedure whereby an investor can prove its Claim. To obtain a Claims Package and to receive further information regarding the Claims Process please click on the "Syndicated Mortgage Claims Procedure" tab on the side bar.
All investors that do not submit a Proof of Claim Form to the Receiver or agree with the Claim set forth in the Notice to Investors on or before on or before 5:00 PM (Toronto Time) on August 20, 2019, (the "Claims Bar Date"), shall have their Claim deemed accepted for distribution purposes. For greater certainty, those investors that agree with the Claim set forth in the Notice to Investors shall NOT be required to submit a Proof of Claim Form with the Receiver.
DEPOSIT CLAIMS PROCEDURE
On November 16, 2017, the Court granted a further order, prescribing the process by which the identity and status of all deposit claims of purchasers, with a valid and enforceable agreement of purchase and sale for the purchase of a condominium unit from Terrasan, is established for the purposes of the receivership proceedings (the "Deposit Claims Procedure Order"). A copy of the Deposit Claims Procedure Order may be accessed by clicking the following link: Deposit Claims Procedure Order or by clicking on the "Court Documents/Receiver's Reports" tab on the side bar.
Pursuant to the Deposit Claims Procedure Order, the Receiver is required, by November 24 2017, to send a Claims Package to each known Purchaser, with instructions regarding a deposit claims procedure whereby a Purchaser can submit and prove a Deposit Claim Form. To obtain a Claims Package and to receive further information regarding the Deposit Claims Procedure please click on the "Deposit Claims Procedure" tab on the side bar.
If you are a Purchaser, and you do not submit a Deposit Claim Form to the Receiver on or before on or before 5:00 PM (Toronto Time) on January 24, 2018 (the "Claims Bar Date"), your Deposit Claim will be forever barred and extinguished.
SALES PROCESS
The Receiver is inviting offers for the purchase of the Project with an offer deadline date of May 12, 2017.
Interested parties are invited to register to receive a Confidentiality and Non-Disclosure Agreement (“NDA”). Upon signing and returning the NDA, BDO will grant the individual access to the Receiver's confidential encrypted online data room (“Data Room”). For more information concerning the sales process, please click on the ‘Sales Process' tab on the sidebar.
Summary of Opportunity Teaser
Court Documents/Receivers Reports
Service List: As at April 4, 2017
- Application Record dated January 27, 2017
- Endorsement of Justice Wilton-Siegel dated February 24, 2017
- Receivership Order of Justice Wilton-Siegel dated February 24, 2017
- Notice and Statement of Receiver
- First Report of Receiver - March 27, 2017
- Motion Record - Returnable April 3, 2017
- Endorsement of Justice Conway - dated April 3, 2017
- Order (Sales Process Order) of Justice Conway - dated April 3, 2017
- Second Report of Receiver - August 16, 2017
- Motion Record of the Receiver - returnable August 25, 2017
- Factum of the Receiver - dated August 22, 2017
- Book of Authorities (AVO) - returnable August 25, 2017
- Appeal of Amendment No. 331 - Affidavit of Ann Xie
- Approval and Vesting Order - August 25, 2017
- Endorsement 1 of Justice Myers - August 25, 2017
- Endorsement 2 of Justice Myers - August 25, 2017
- Third Report of the Receiver - August 30, 2017
- Endorsement of Justice Myers - August 31, 2017
- Fourth Report of Receiver - September 8, 2017
- Supplement to the Fourth Report of Receiver - September 12, 2017
- Motion Record of the Receiver (returnable September 13, 2017)
- Order of Justice Conway - September 13, 2017
- Endorsement of Justice Conway - September 13, 2017
- Fifth Report of the Receiver - October 4, 2017
- Motion Record of the Receiver (returnable October 10, 2017)
- Distribution Order of Justice McEwen - October 10, 2017
- Endorsement of Justice McEwen (Distribution) - October 10, 2017
- Sixth Report of the Receiver - November 13, 2017
- Motion Record of the Receiver (returnable November 16, 2017)
- Order of Justice McEwen - November 16, 2017
- Deposit Claims Procedure Order of Justice McEwen - November 16, 2017
- Endorsement of Justice McEwen - dated November 16, 2017
- Endorsement of Justice Conway - January 18, 2018
- Endorsement of Justice Conway - February 21, 2018
- Seventh Report of the Receiver - April 13, 2018
- Motion Record of the Receiver returnable April 18, 2018
- Distribution Order of Justice Pattillo - April 18, 2018
- Endorsement of Justice Pattillo - April 18, 2018
- Endorsement of Justice Dunphy - April 27, 2018
- Order of Justice Dunphy - April 27, 2018
- Eighth Report of the Receiver - July 4, 2018
- Motion Record of the Receiver (CV-17-11679-00CL) returnable July 6, 2018
- Distribution Order of Justice Hainey - July 6, 2018
- Endorsement of Justice Hainey - July 6, 2018
- Endorsement of Justice Morawetz - August 15, 2018
- Motion Record of the Receiver (CV-17-11679-00CL) returnable August 29, 2018
- Ninth Report of Receiver - August 23, 2018
- Endorsement of Justice Hainey - August 29, 2018
- Order (Holdback and Distribution) of Justice Hainey - August 29, 2018
- Motion Record of the Receiver (CV-17-11679-00CL) returnable December 4, 2018
- Motion Record of the Receiver (CV-17-11679-00CL - Distribution) returnable March 12 2019
- Endorsement of Justice Hainey - March 12 2019
- Order (Distribution) of Justice Hainey - March 12 2019
- Motion Record of the Receiver (CV-17-11679-00CL) returnable July 15 2019
- Endorsement of Justice Hainey - July 15 2019 (2)
- Syndicated Mortgage Claims Procedure Order of Justice Hainey - July 15 2019 (2)
- Claims Package
- Claims Package Old
- Order (Distribution) of Justice Dietrich - October 15 2019 (002)
- Endorsement of Justice Dietrich - October 25 2019
- Motion Record of the Receiver (CV-17-11679-00CL) returnable October 15 2019
- Motion Record of the Receiver (CV-17-11679-00CL) returnable June 22 2020
- Receiver's 15th ReportFINAL SIGNED
- Endorsement of Justice McEwen (CV-17-11679-00CL) - June 22 2020
- Order of Justice McEwen (Second Interim Distribution) - June 22 2020
- Motion Record of the Receiver (CV-17-11679-00CL) -returnable November 27, 2020
- Final Distribution and Discharge Order of Justice Cavanagh (CV-17-11679-00CL) - November 27 2020
Notice to Condo Unit Purchasers
Deposit Claims procedure
On November 16, 2017, the Court granted an order, prescribing the process by which the identity and status of all deposit claims of purchasers, with a valid and enforceable agreement of purchase and sale for the purchase of a condominium unit from Terrasan, is established for the purposes of the receivership proceedings (the “Deposit Claims Procedure Order”). A copy of the Deposit Claims Procedure Order may be accessed by clicking the following link: Deposit Claims Procedure Order or by clicking on the "Court Documents / Receivers Reports" tab on the side bar.
Pursuant to the Deposit Claims Procedure Order, the Receiver is required, by November 24 2017, to send a Claims Package to each known Purchaser, with instructions regarding a deposit claims procedure whereby a Purchaser can submit and prove a Deposit Claim Form. In addition, the Deposit Claims Procedure Order requires the Receiver to publish a notice, in order to give notice of this proceeding to all Purchasers.
If you wish to assert a Deposit Claim, you can immediately obtain a Claims Package by clicking the following link: Claims Package or you may request a Claims Package by submitting a request in writing to the Receiver at the following address:
BDO Canada Limited, Court appointed receiver of Terrasan
123 Front Street West, Suite 1100
Toronto, ON M5J 2M2
Fax No.: 416‑865-0904
Email: onthegomimico@bdo.ca
All Purchasers who wish to assert a Deposit Claim must submit a completed Deposit Claim Form to the Receiver at the above address on or before 5:00 PM (Toronto Time) on January 24, 2018 (the "Claims Bar Date"), in accordance with the Deposit Claims Procedure Order.
If you are a Purchaser, and you do not submit a Deposit Claim Form to the Receiver on or before the Claims Bar Date, your Deposit Claim will be forever barred and extinguished.
Claims Package
Syndicated Mortgage Claims Procedure
On July 15, 2019, the Court granted a further order, establishing a claims procedure in respect of claims against Terrasan asserted by investors in a syndicated mortgage held in the name of Olympia Trust Company, John Fletcher and Community Trust Company (the "Syndicated Mortgage") for the purposes of the Terrasan receivership proceedings (the "Syndicated Mortgage Claims Procedure Order"). A copy of the Syndicated Mortgage Claims Procedure Order may be accessed by clicking the following link: Syndicated Mortgage Claims Procedure Order or by clicking on the "Court Documents / Receivers Reports tab on the side bar.
Pursuant to the Syndicated Mortgage Claims Procedure Order, the Receiver is required by July 19, 2019, to send a Claims Package to each known investor, with instructions regarding a claims procedure whereby an investor can prove its Claim. To obtain a Claims Package and to receive further information regarding the Claims Process please click on the "Syndicated Mortgage Claims Procedure tab on the side bar.
If you wish to assert a Claim, you can immediately obtain a Claims Package by clicking the following link: Claims Package or you may request a Claims Package by submitting a request in writing to the Receiver at the following address:
BDO Canada Limited, Court appointed receiver of Terrasan
20 Wellington Street East, Suite 500
Toronto, ON M5E 1C5
Fax No.: 416‑865-0904
Email: onthegomimico@bdo.ca
All investors that do not submit a Proof of Claim Form to the Receiver or agree with the Claim set forth in the Notice to Investors on or before on or before 5:00 PM (Toronto Time) on August 20, 2019, (the “"Claims Bar Date"”), shall have their Claim deemed accepted for distribution purposes. For greater certainty, those investors that agree with the Claim set forth in the Notice to Investors shall NOT be required to submit a Proof of Claim Form with the Receiver.
Claims Package
Sales Process
REQUEST FOR OFFERS TO PURCHASE THE ASSETS, UNDERTAKINGS AND PROPERTIES OF TERRASAN 327 ROYAL YORK RD. LIMITED
On February 24, 2017, pursuant to an order (the “Receivership Order”) of the Ontario Superior Court of Justice (Commercial List), BDO Canada Limited was appointed as receiver and manager (the “Receiver”) to exercise the powers and duties as specifically set out in the Receivership Order with respect to the assets, undertakings and properties of Terrasan 327 Royal York Rd. Limited (the “Company”).
The Receiver is inviting offers for the purchase of the assets, undertakings and properties of the Company. The Company's principal assets include a partially constructed residential condominium development on project lands municipally known as 327 Royal York Road, Toronto, ON, marketed as the “On the Go Mimico” residential condominium development. The condominium project together with the project lands are hereinafter referred to collectively as the “Project”.
The Project was to be developed into 242 suites ranging from 534 sq. ft. to 2,748 sq. ft. including two levels of penthouses. Additionally, the Project was to include 242 residential parking stalls, 173 lockers and 8,245 sq. ft. of retail/commercial space. Construction is currently suspended.
Interested parties must register with the Receiver click here before being granted access to a Confidentiality and Non-Disclosure Agreement (“NDA”). The Receiver requires interested parties to sign the NDA prior to gaining access to an encrypted electronic data room (“Data Room”) that contains the Receiver's Confidential Information Memorandum (“CIM”) and other pertinent information with respect to the Project and the Receiver's Sale Process. The deadline date for the submission of offers is May 12, 2017.