Status of File as of September 4, 2020

On September 3, 2020, the Receiver filed its motion with the Court for an order (the “Supplemental SISP Order”) to, among other things:

Approved the Third Report (defined below) of the Receiver; Increase the principal amount the Receiver is authorized to borrow as secured by the Receiver’s Borrowing Charge from $5,500,000 to $12,000,000; Seal the Confidential Appendix B of the Third Report until the further order of the Court, or until the APS (as defined below) is served publicly pursuant to a motion for an Approval and Vesting Order or until further order of this Court; Authorize the Receiver to enter into a definitive agreement of purchase and sale (the “APS”) with PEM (Yorkville) Holdings Inc. (the “Proposed Successful Bidder” with its bid being the “Proposed Successful Bid”) and authorize the Receiver to take such steps it considers necessary or desirable to complete the transaction described in the APS; Deem the Proposed Successful Bid a Qualified Bid for the purposes of the SISP; Deem that the deposit paid by the Proposed Successful Bidder pursuant to the APS will be governed by the provisions of the APS and will not be subject to any provisions of the SISP, including paragraphs 40 and 41 of the SISP; and Deem that in the case of any conflict or inconsistency between provisions of the SISP and the provisions of the APS, the provisions of the APS shall govern in all respects provided that the APS shall remain subject to court approval pursuant to an Approval and Vesting Order.

On the same date the Receiver filed its Third Report (the “Third Report”) with the Court to provide the Court with the information with respect to:

The Receiver’s activities since the Second Report; The cumulative receipts and disbursements in the Receivership Proceedings since the Date of Appointment; The Receiver’s motion to request an increase the Receiver’s Borrowing Charge from $5.5 million to $12 million; and The status of the SISP and the Receiver’s motion to authorize the Receiver to enter into the APS with the Proposed Successful Bidder and to supplement the SISP as required by the APS.

The motion’s date has not been fixed yet.

Status of File as of June 5, 2020



On June 4, 2020, the Court issued the Sale Approval Order, which approved the SISP (as summarized in Schedule A to the Sale Approval Order). Further information relating to the SISP can be found on the “SISP” page of this website.

Status of File as of May 25, 2020

On May 25, 2020, the Receiver filed its Second Report (the “Second Report”) with the Court to provide the Court with the information with respect to:

The Receiver’s activities since the First Report, to the date of this Second Report; and, The Receiver’s motion to request the approval for the proposed Sale and Investor Solicitation Process (the “SISP ”).

The motion for an order to approve the SISP will be heard on June 4, 2020 and the Receiver will seek an order (the “Sale Approval Order”), to among other things:

Approve the SISP (as summarized in Schedule A to the Sale Approval Order); Authorize and direct the Receiver and the Broker (as defined in the SISP) to implement the SISP and perform their respective obligations, including all things that are reasonably necessary or desirable to carry out and give full effect to the SISP; Declaring that neither the Receiver nor the Broker shall have any liability whatsoever to any person or party for any act or omission related to the SISP, except to the extent such act or omission is the result of gross negligence or wilful misconduct of the Receiver or Broker; Declaring that, to the extent desirable in furtherance of the SISP, the Receiver may disclose personal information to prospective purchasers or bidders and to their advisors, and in so doing will not be in violation of the Personal Information Protection and Electronic Documents Act; and Approving the First Report of the Receiver, dated May 10, 2020, the Supplementary Report to the First Report of the Receiver, dated May 14, 2020 and the Second Report of the Receiver dated May 25, 2020.

Status of File as of May 19, 2020

On May 15, 2020, the Court issued the Receiver’s Borrowing Order, which among other things, approved the increase of the Receiver’s Borrowings Charge from $2,000,000.00 to $5,500,000.00 and the rate from 5% to 8% plus a 1% advance fee for all additional advances in excess of the originally approved amount.

Status of File as of May 15, 2020

On May 14, 2020, the Receiver filed a supplementary motion for the Receiver’s Borrowing Order, including a Supplementary Report to the First Report (the “Supplementary Report”), to be read in conjunction with the Receiver’s First Report, the purpose of which was to provide the Court with an update on:

The Work (defined in the Supplementary Report) required to secure and safeguard the Property; and, Provide an update on the need for an increase to the maximum amount of the Receiver’s borrowings.

The motion will be heard on May 15, 2020.

Status of File as of May 13, 2020



The motion for the Receiver’s Borrowing Order has been rescheduled to May 15, 2020.

Status of File as of May 11, 2020

On May 10, 2020, the Receiver filed a motion with the Court for an order (the “Receiver’s Borrowing Order”) to, among other things, increase the Receiver’s Borrowings Charge (as defined in paragraph 22 of the Receivership Order) from $2,000,000.00 to $5,500,000.00 and increase the rate from 5% to 8% plus a 1% advance fee for all additional advances in excess of the originally approved amount.

On the same date, the Receiver filed its First Report (the “First Report”) with the Court to provide the Court with the information with respect to:

The Receiver’s activities from the date of appointment to the date of the First Report; The receipts and disbursements for the receivership proceedings; and The Receiver’s motion for the Receiver’s Borrowing Order.

The motion will be heard on May 14, 2020.