223

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224
225
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of a Claims for Liens under Section 34 of the
Construction Lien Act, R.S.O. 1990, c. C.30.: (i) by Rexel Canada Electrical Inc., on behalf of
Westburne Ruddy Ontario, for electrical materials supplied to the St. Joseph’s Healthcare
Hamilton, 100 West 5th Street, in an amount of $468,945.22 (incl. HST); and (ii) by Rexel
Canada Electrical Inc. for services and materials supplied in an amount of $122,273.44.
A copy of the Initial Order is enclosed.
226
227
To:
Goldman Sloan Nash & Haber LLP (Counsel to Westburne Ruddy Ontario)
Barristers & Solicitors
480 University Ave Suite 1600
Toronto, Ontario M5G 1V2
Attn:
Email:
Tel:
Fax:
cc:
Stanley Naftolin
[email protected]
(416) 533-7133
(416) 533-3114
Osler, Hoskin & Harcourt LLP (Counsel to PCL)
Box 50, 1 First Canadian Place
Toronto, Ontario M5X 1B8
Attn:
Email:
Tel:
Fax:
Michael De Lellis
[email protected]
(416) 533-7133
(416) 533-3114
cc:
Her Majesty The Queen in Right of Ontario
as represented by The Minister of Insfrastructure
c/o Director, Legal Services
777 Bay Street, Suite 425
Toronto, ON M5G 2E5
cc:
Her Majesty The Queen in Right of Ontario
as represented by The Minister of Insfrastructure
c/o Ontario Infrastructure and Land Corporation o/a Infrastructure Ontario
1 Dundas Street West
Toronto, ON M5G 2L5
cc:
St. Joseph’s Healthcare Hamilton (Owner)
a division of St. Joseph’s Health System
(in its leasehold capacity),
c/o St. Joseph’s Hospital,
Office of the Chief Executive Officer,
50 Charlton Avenue East
Hamilton, Ontario L8N 4A6
228
229
230
231
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of a Claim for Lien under Section 34 of the
Construction Lien Act, R.S.O. 1990, c. C.30. by NCS International Co. for services or materials
supplied in connection with the St. Joseph’s Healthcare Hamilton, 100 West 5th Redevelopment
Project, in an amount of $63,442.51(incl. HST).
A copy of the Initial Order is enclosed.
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233
To:
Goldman Sloan Nash & Haber LLP (Counsel to NCS International Co. )
Barristers & Solicitors
480 University Ave Suite 1600
Toronto, Ontario M5G 1V2
Attn:
Email:
Tel:
Fax:
cc:
Irwin Ozier
[email protected]
(416) 597-3381
(416) 597-3370
Osler, Hoskin & Harcourt LLP (Counsel to PCL)
Box 50, 1 First Canadian Place
Toronto, Ontario M5X 1B8
Attn:
Email:
Tel:
Fax:
Michael De Lellis
[email protected]
(416) 533-7133
(416) 533-3114
cc:
Her Majesty The Queen in Right of Ontario
as represented by The Minister of Insfrastructure
c/o Director, Legal Services
777 Bay Street, Suite 425
Toronto, ON M5G 2E5
cc:
Her Majesty The Queen in Right of Ontario
as represented by The Minister of Insfrastructure
c/o Ontario Infrastructure and Land Corporation o/a Infrastructure Ontario
1 Dundas Street West
Toronto, ON M5G 2L5
cc:
St. Joseph’s Healthcare Hamilton (Owner)
a division of St. Joseph’s Health System
(in its leasehold capacity),
c/o St. Joseph’s Hospital,
Office of the Chief Executive Officer,
50 Charlton Avenue East
Hamilton, Ontario L8N 4A6
TOR_LAW\ 8214842\1 04:33 PM
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235
236
237
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of a Claim for Lien under Section 34 of the
Construction Lien Act, R.S.O. 1990, c. C.30. by 4361814 Canada Inc. cob Noble Trade, for
plumbing equipment and related materials supplied to the St. Joseph’s Healthcare Hamilton, 100
West 5th Street, in an amount of $227,671.98.
A copy of the Initial Order is enclosed.
238
239
To:
Goldman Sloan Nash & Haber LLP (Counsel to Westburne Ruddy Ontario)
Barristers & Solicitors
480 University Ave Suite 1600
Toronto, Ontario M5G 1V2
Attn:
Email:
Tel:
Fax:
cc:
Stanley Naftolin
[email protected]
(416) 533-7133
(416) 533-3114
Osler, Hoskin & Harcourt LLP (Counsel to PCL)
Box 50, 1 First Canadian Place
Toronto, Ontario M5X 1B8
Attn:
Email:
Tel:
Fax:
Michael De Lellis
[email protected]
(416) 533-7133
(416) 533-3114
cc:
Her Majesty The Queen in Right of Ontario
as represented by The Minister of Insfrastructure
c/o Director, Legal Services
777 Bay Street, Suite 425
Toronto, ON M5G 2E5
cc:
Her Majesty The Queen in Right of Ontario
as represented by The Minister of Insfrastructure
c/o Ontario Infrastructure and Land Corporation o/a Infrastructure Ontario
1 Dundas Street West
Toronto, ON M5G 2L5
cc:
St. Joseph’s Healthcare Hamilton (Owner)
a division of St. Joseph’s Health System
(in its leasehold capacity),
c/o St. Joseph’s Hospital,
Office of the Chief Executive Officer,
50 Charlton Avenue East
Hamilton, Ontario L8N 4A6
240
TOR_LAW\ 8214217\1
11:42 AM
241
242
243
244
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of the Claim for Lien under Section 34 of the
Construction Lien Act, R.S.O. 1990, c. C.30. by Class 1 Incorporated., for the supply and
installation of a complete medical gas system in an amount of $65,015.07 (incl. HST).
A copy of the Initial Order is enclosed.
245
246
To:
Goldman Sloan Nash & Haber LLP (Counsel to Class 1 Incorporated)
Barristers & Solicitors
480 University Ave Suite 1600
Toronto, Ontario M5G 1V2
Attn:
Email:
Tel:
Fax:
cc:
Stanley Naftolin
[email protected]
(416) 533-7133
(416) 533-3114
Osler, Hoskin & Harcourt LLP (Counsel to PCL)
Box 50, 1 First Canadian Place
Toronto, Ontario M5X 1B8
Attn:
Email:
Tel:
Fax:
Michael De Lellis
[email protected]
(416) 533-7133
(416) 533-3114
cc:
Her Majesty The Queen in Right of Ontario
as represented by The Minister of Insfrastructure
c/o Director, Legal Services
777 Bay Street, Suite 425
Toronto, ON M5G 2E5
cc:
Her Majesty The Queen in Right of Ontario
as represented by The Minister of Insfrastructure
c/o Ontario Infrastructure and Land Corporation o/a Infrastructure Ontario
1 Dundas Street West
Toronto, ON M5G 2L5
cc:
St. Joseph’s Healthcare Hamilton (Owner)
a division of St. Joseph’s Health System
(in its leasehold capacity),
c/o St. Joseph’s Hospital,
Office of the Chief Executive Officer,
50 Charlton Avenue East
Hamilton, Ontario L8N 4A6
247
248
249
250
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of the Claim for Lien under Section 34 of the
Construction Lien Act, R.S.O. 1990, c. C.30. by Cofely Adelt Ltd. for services rendered in
connection with the improvement of the SickKids Research Tower in an amount of $10,
292,880.25.
A copy of the Initial Order is enclosed.
251
252
To:
Dentons Canada LP (Counsel to Cofely Adelt Ltd.)
77 King Street West, Suite 400
Toronto-Dominion Tower
Toronto, Ontario M5K 0A1
Attn:
Email:
Tel:
Fax:
cc:
Karen Groulx
[email protected]
(416) 863-4511
(416) 863-4592
Blake, Cassels & Graydon LLP (Counsel to EllisDon Corporation)
199 Bay Street, Suite 4000, Toronto ON M5L 1A9
Tel: 416-863-2400 Fax: 416-863-2653
Attn:
Email:
Tel:
Fax:
Michael McGraw
[email protected]
(416) 863-4247
(416) 863-2653
TOR_LAW\ 8214818\1
253
254
255
256
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of the Claim of Lien under the Builders Lien Act,
(British Columbia) [SBC 1997] Chapter 45 dated July 4, 2013 by Allnorth Consultants Ltd. for
contractor services rendered in connection with The Kitimat Modernation Project in an amount
of $212,000.
A copy of the Initial Order is enclosed.
257
258
To:
McLean & Armstrong LLP (Counsel to Allnorth Consultants Ltd.)
300 – 1487 Marine Drive
West Vancouver BC V7T 1B8
Attn: Chris Moore
Email: [email protected]
Tel: (604) 925-0672
Cc:
Bull, Houser & Tupper LLP (Counsel to Rio Tinto Alcan Inc.)
3000 – 1055 West Georgia
Vancouver, BC V6E 3R3
Attn:
Email:
Tel:
Fax:
E. Jane Milton, Q.C.
[email protected]
(604) 641-4823
(604) 646-2676
TOR_LAW\ 8214292\1
259
260
261
262
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of the Claim of Lien under the Builders Lien Act,
(British Columbia) [SBC 1997] Chapter 45 dated July 4, 2013 by Emco Corporation for the
supply of steel and copper piping and fittings rendered in connection with The Kitimat
Modernation Project in an amount of $89,155.31.
A copy of the Initial Order is enclosed.
263
264
To:
Jenkins Marzban Logan LLP (Counsel to Emco Corporation)
900 – 808 Nelson Street
Vancouver BC V6Z 2H2
Attn: David T. McKenzie
Email: [email protected]
Tel: (604) 895-3155
Cc:
Bull, Houser & Tupper LLP (Counsel to Rio Tinto Alcan Inc.)
3000 – 1055 West Georgia
Vancouver, BC V6E 3R3
Attn:
Email:
Tel:
Fax:
E. Jane Milton, Q.C.
[email protected]
(604) 641-4823
(604) 646-2676
TOR_LAW\ 8214334\1
265
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267
268
269
270
271
272
273
274
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July 24, 2013
VIA EMAIL
Tanya Rocca
Direct 416-862-3518
[email protected]
File No. T998163
Harrison Pensa LLP (counsel for ESAC Electrical & Systems Advanced Control Inc.)
450 Talbot Street, P.O. Box 3237
London , Ontario, N6A 4K3
Attention: Mr. David S. Swift: [email protected]
Dear Mr. Swift,
Re: In the Matter of a Plan of Compromise or Arrangement of Comstock Canada Ltd., CCL Equities
Inc. and Comstock Realty Inc. (collectively, the “Comstock Group”) - Court File No. CV-1310181-00CL
Lien Registered as Instrument No. CB96150 for ESAC Electrical & Systems Advanced Control
Inc. dated July 8, 2013 for the supply of services or materials in connection with the OPG Project
at Otter Rapids, in the sum of $115,083.16 (the “ESAC Lien”)
We are the solicitors for the Comstock Group, the Applicant in the above noted matter. In connection
with the ESAC Lien, please find enclosed a Notice of Stay of Proceedings (the “Notice”), which
notifies you of legal proceedings that prohibit any Persons from commencing or continuing any action,
suit or proceeding against the Comstock Group and/or enforcing any rights or remedies against the
Comstock Group or affecting its Business, as of June 28, 2013 (the “Filing Date”).
Please be advised that the ESAC Lien was registered after the Filing Date on July 8, 2013 pursuant to
Section 34 of the Construction Lien Act, R.S.O. 1990, c. C.30., which is prohibited under an Order of
the Ontario Superior Court of Justice (Commercial List) (the “Court”) dated July 9, 2013 (the “Initial
Order”), a copy of which is attached to the Notice.
If the ESAC Lien is not immediately vacated and discharged from title, we will seek an order from the
Court directing ESAC Electrical & Systems Advanced Control Inc. to vacate and discharge the ESAC
Lien forthwith and will also seek a costs order against your client.
Sincerely,
GOWLING LAFLEUR HENDERSON LLP
Tanya Rocca
Associate
Encl.
cc by letter mail: Ontario Power Generation Inc., 700 University Avenue, Toronto, Ontario, M5G 1X6
TOR_LAW\ 8220567\1
278
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9, 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of Lien Registration No. CB96150 under the
Construction Lien Act, R.S.O. 1990, c. C-30, July 18, 2013 by ESAC Electrical & Systems
Advanced Control Inc. for supplying services or materials in connection with the OPG Project at
Otter Rapids in an amount of $115,083.16.
A copy of the Initial Order is enclosed.
279
Dated at the City of Toronto, Province of Ontario this 24th day of July, 2013.
GOWLING LAFLEUR HENDERSON LLP
on behalf of
COMSTOCK CANADA LTD.
Per:
Tanya Rocca
Associate
TOR_LAW\ 8221298\1
04:15 PM
280
281
July 24, 2013
VIA E-MAIL
Tanya Rocca
Direct 416-862-3518
[email protected]
File No. T998163
Pallett Valo LPP (counsel to Toromont Industries Ltd.)
77 City Centre Drive, West Tower, Suite 300
Mississauga, ON, L5B 1M5
Attention: Francesca Maio: [email protected]
Dear Ms. Maio,
Re: In the Matter of a Plan of Compromise or Arrangement of Comstock Canada Ltd., CCL Equities
Inc. and Comstock Realty Inc. (collectively, the “Comstock Group”) - Court File No. CV-1310181-00CL
Lien Registered as Instrument No. AT3354319 for Toromont Industries Ltd. dated July 18, 2013
for the supply of rental equipment in connection with Chrysler Etobicoke Casting Plant, in the
sum of $14,492.57 (the “Toromont Lien”)
We are the solicitors for the Comstock Group, the Applicant in the above noted matter.
In connection with the Toromont Lien, please find enclosed a Notice of Stay of Proceedings (the
“Notice”), which notifies you of legal proceedings that prohibit any Persons from commencing or
continuing any action, suit or proceeding against the Comstock Group and/or enforcing any rights or
remedies against the Comstock Group or affecting its Business, as of June 28, 2013 (the “Filing
Date”).
Please be advised that the Toromont Lien was registered after the Filing Date on July 18, 2013
pursuant to Section 34 of the Construction Lien Act, R.S.O. 1990, c. C.30., which is prohibited under
an Order of the Ontario Superior Court of Justice (Commercial List) (the “Court”) dated July 9, 2013
(the “Initial Order”), a copy of which is attached to the Notice.
If the Toromont Lien is not immediately vacated and discharged from title, we will seek an order from
the Court directing Toromont Industries Ltd. to vacate and discharge the Toromont Lien forthwith and
will also seek a costs order against your client.
Sincerely,
GOWLING LAFLEUR HENDERSON LLP
Tanya Rocca
Associate
Encl.
cc: Chrysler Canada Inc., One Riverside West, Windsor, Ontario N9A 5K3
TOR_LAW\ 8220322\1
282
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9, 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of Lien Registration No. AT3354319 under the
Construction Lien Act, R.S.O. 1990, c. C-30, July 18, 2013 by Toromont Industries Ltd. for
supplying rental equipment in connection with Chrysler Etobicoke Casting Plant in an amount of
$14,492.57.
A copy of the Initial Order is enclosed.
283
Dated at the City of Toronto, Province of Ontario this 24th day of July, 2013.
GOWLING LAFLEUR HENDERSON LLP
on behalf of
COMSTOCK CANADA LTD.
Per:
Tanya Rocca
Associate
TOR_LAW\ 8221133\1
03:29 PM
284
285
July 24, 2013
VIA EMAIL
Tanya Rocca
Direct 416-862-3518
[email protected]
File No. T998163
Bianchi Presta LLP (counsel for SDI Supplies Ltd.)
Barristers & Solicitors
9100 Jane Street, 3rd Floor, Building A
Vaughan, Ontario, L4K 0A4
Attention: Mr. John Sestito: [email protected]
Dear Mr. Sestito,
Re: In the Matter of a Plan of Compromise or Arrangement of Comstock Canada Ltd., CCL Equities
Inc. and Comstock Realty Inc. (collectively, the “Comstock Group”) - Court File No. CV-1310181-00CL
Lien Registered as Instrument No. AT3346124 for SDI Supplies Ltd. dated July 9, 2013 for the
supply of services or materials in connection with the Chrysler Browns Line project, in the sum
of $41,061.40 (the “SDI Lien”)
We are the solicitors for the Comstock Group, the Applicant in the above noted matter. In connection
with the SDI Lien, please find enclosed a Notice of Stay of Proceedings (the “Notice”), which notifies
you of legal proceedings that prohibit any Persons from commencing or continuing any action, suit or
proceeding against the Comstock Group and/or enforcing any rights or remedies against the Comstock
Group or affecting its Business, as of June 28, 2013 (the “Filing Date”).
Please be advised that the SDI Lien was registered after the Filing Date on July 9, 2013 pursuant to
Section 34 of the Construction Lien Act, R.S.O. 1990, c. C.30., which is prohibited under an Order of
the Ontario Superior Court of Justice (Commercial List) (the “Court”) dated July 9, 2013 (the “Initial
Order”), a copy of which is attached to the Notice.
If the SDI Lien is not immediately vacated and discharged from title, we will seek an order from the
Court directing SDI Supplied Ltd. to vacate and discharge the SDI Lien forthwith and will also seek a
costs order against your client.
Sincerely,
GOWLING LAFLEUR HENDERSON LLP
Tanya Rocca
Associate
Encl.
cc by letter mail: Chrysler Canada Inc. 15 Browns Line, Toronto, Ontario, M8W 3S2
TOR_LAW\ 8220603\1
286
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9, 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registration of Lien Registration No. AT3346124 under the
Construction Lien Act, R.S.O. 1990, c. C-30, July 9, 2013 by SDI Supplies Ltd. for supplying
services or materials in connection with the Chrysler Browns Line Project in an amount of
$41,061.40.
A copy of the Initial Order is enclosed.
287
Dated at the City of Toronto, Province of Ontario this 24th day of July, 2013.
GOWLING LAFLEUR HENDERSON LLP
on behalf of
COMSTOCK CANADA LTD.
Per:
Tanya Rocca
Associate
TOR_LAW\ 8221363\1
05:20 PM
288
289
July 24, 2013
VIA E-MAIL
Tanya Rocca
Direct 416-862-3518
[email protected]
File No. T998163
Pallett Valo LPP (counsel to lien claimant United Rentals of Canada Inc.)
77 City Centre Drive, West Tower, Suite 300
Mississauga, ON, L5B 1M5
Attention: Francesca Maio: [email protected]
Dear Ms. Maio,
Re: In the Matter of a Plan of Compromise or Arrangement of Comstock Canada Ltd., CCL Equities
Inc. and Comstock Realty Inc. (collectively, the “Comstock Group”) - Court File No. CV-1310181-00CL
Liens Registered as Instrument Nos. SN380750 and NR330190 for United Rentals of Canada Inc.
dated July 18, 2013 for the supply of rental equipment in connection with Ontario Power
Generation Niagara in the sum of $41,890.81 (the “United Rentals Liens”)
We are the solicitors for the Comstock Group, the Applicant in the above noted matter. In connection
with the United Rentals Liens, please find enclosed a Notice of Stay of Proceedings (the “Notice”),
which notifies you of legal proceedings that prohibit any Persons from commencing or continuing any
action, suit or proceeding against the Comstock Group and/or enforcing any rights or remedies against
the Comstock Group or affecting its Business, as of June 28, 2013 (the “Filing Date”).
Please be advised that the United Rentals Liens were registered after the Filing Date on July 18, 2013
pursuant to Section 34 of the Construction Lien Act, R.S.O. 1990, c. C.30., which is prohibited under
an Order of the Ontario Superior Court of Justice (Commercial List) (the “Court”) dated July 9, 2013
(the “Initial Order”), a copy of which is attached to the Notice.
If the United Rentals Liens are not immediately vacated and discharged from title, we will seek an
order from the Court directing United Rentals of Canada, Inc. to vacate and discharge the United
Rentals Liens forthwith and will also seek a costs order against your client.
Sincerely,
GOWLING LAFLEUR HENDERSON LLP
Tanya Rocca
Associate
Encl.
cc: Ontario Power Generation Inc., c/o Office of CEO & Director of Legal Services, 700 University Ave., Toronto, Ontario, M5G 1X6
290
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9, 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the registrations of Lien Registrations Nos. SN380750 and NR330190
under the Construction Lien Act, R.S.O. 1990, c. C-30, July 18, 2013 by United Rentals of
Canada, Inc. for supplying rental equipment in connection with Ontario Power Generation
Niagara in an amount of $41,890.81.
A copy of the Initial Order is enclosed.
291
Dated at the City of Toronto, Province of Ontario this 24th day of July, 2013.
GOWLING LAFLEUR HENDERSON LLP
on behalf of
COMSTOCK CANADA LTD.
Per:
Tanya Rocca
Associate
TOR_LAW\ 8221085\1
292
293
July 24, 2013
VIA EMAIL
Tanya Rocca
Direct 416-862-3518
[email protected]
File No. T998163
Madorin, Snyder LLP (counsel for Trade-Mark Industrial Inc.)
Barristers & Solicitors
P.O. Box 1234
55 King Street West, 6th Floor
Kitchener, Ontario, N2G 4G9
Attention: Mr. Christopher Clemmer: [email protected]
Dear Mr. Clemmer,
Re: In the Matter of a Plan of Compromise or Arrangement of Comstock Canada Ltd., CCL Equities
Inc. and Comstock Realty Inc. (collectively, the “Comstock Group”) - Court File No. CV-1310181-00CL
Notice of Claim for Trade-Mark Industrial Inc. dated July 5, 2013 for the supply of services or
materials in connection with the Chrysler Etobicoke and Brampton projects, in the sum of
$400,182.72 (the “Trade-Mark Notice”)
We are the solicitors for the Comstock Group, the Applicant in the above noted matter.
In connection with the Trade-Mark Notice, please find enclosed a Notice of Stay of Proceedings (the
“Notice”), which notifies you of legal proceedings that prohibit any Persons from commencing or
continuing any action, suit or proceeding against the Comstock Group and/or enforcing any rights or
remedies against the Comstock Group or affecting its Business, as of June 28, 2013 (the “Filing
Date”).
Please be advised that the Trade-Mark Notice was received after the Filing Date on July 5, 2013,
which is prohibited under an Order of the Ontario Superior Court of Justice (Commercial List) (the
“Court”) dated July 9, 2013 (the “Initial Order”), a copy of which is attached to the Notice.
Sincerely,
GOWLING LAFLEUR HENDERSON LLP
Tanya Rocca
Associate
Encl.
cc by letter mail: Chrysler Canada Inc., One Riverside Drive West, Windsor, Ontario, N9A 5K3
TOR_LAW\ 8220617\1
294
NOTICE OF STAY OF PROCEEDINGS
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, C. C-36, AS AMENDED
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF
COMSTOCK CANADA LTD., CCL EQUITIES INC., AND COMSTOCK REALTY INC.
Please be advised that on June 28, 2013, Comstock Canada Ltd., CCL Realty Inc. and CCL
Equities Inc. (collectively, “Comstock” or the “Applicants”) filed a Notice of Intention to
Make a Proposal pursuant to Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985, C. B-3,
As Amended (“BIA Proceedings”).
On July 9 2013, the Ontario Superior Court of Justice (Commercial List) (the “Court”) granted
an Order (the “Initial Order”): (i) directing that Comstock’s BIA Proceedings be continued
under the Companies’ Creditors Arrangement Act (“CCAA”), R.S.C.1985, c. C-36; (ii) staying
the commencement or continuance of all proceedings against Comstock; and (iii) appointing
PriceWaterhouseCoopers Inc., as monitor of the Applicants (the “Monitor”).
In accordance with Section 11.02 of the CCAA, paragraphs 21 – 23 of the Initial Order provide,
among other things, that unless: (i) written consent is obtained from the Applicants and the
Monitor; or (ii) leave is obtained from the Court:
(i)
no proceeding or enforcement process in any court or tribunal shall be
commenced or continued against or in respect of the Applicants or the Monitor, or
affecting the Business or the Property;
(ii)
all rights and remedies of any individual, firm, corporation or any other entities
(collectively, the “Persons”) against or in respect of the Applicants or the
Monitor or affecting the Business or the Property are stayed and suspended; and
(iii)
no Persons 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 the Applicants.
As such, the commencement or continuance of any action, suit or proceeding against the
Applicants and the enforcement of any rights and remedies by any Person, is prohibited as of
June 28, 2013, including the notice of claim received on July 5, 2013 from Trade-Mark Industrial
Inc. in relation to materials and services provided the Chrysler Etobicoke Project and the
Chrysler Brampton Project in an amount of $400,182.72.
A copy of the Initial Order is enclosed.
295
Dated at the City of Toronto, Province of Ontario this 24th day of July, 2013.
GOWLING LAFLEUR HENDERSON LLP
on behalf of
COMSTOCK CANADA LTD.
Per:
Tanya Rocca
Associate
TOR_LAW\ 8221394\1
DATE
INSTRUMENT TYPE
AMOUNT
THE RIGHTS OF ANY PERSON WHO WOULD, BUT FOR THE LAND TITLES ACT, BE ENTITLED TO THE LAND OR ANY PART OF
IT THROUGH LENGTH OF ADVERSE POSSESSION, PRESCRIPTION, MISDESCRIPTION OR BOUNDARIES SETTLED BY
CONVENTION.
ANY LEASE TO WHICH THE SUBSECTION 70(2) OF THE REGISTRY ACT APPLIES.
**
**
**
**
1873/07/15
1903/11/28
1958/01/15
1974/01/31
BR1372
BR10127
HL35723Z
AB324449
TRANSFER
REST COV APL ANNEX
TRANSFER
TRANSFER
TRANSFER
TRANSFER
$1
$10,000 CHARLTON, SARA ELIZABETH
$15,000
$600
*
MACLEAN−HUNTER CABLE T. V. LIMITED
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY
THE MINISTER OF GOVERNMENT SERVICES
HIS MAJESTY THE KING
HER MAJESTY THE QUEEN
HER MAJESTY THE QUEEN
HER MAJESTY THE QUEEN
PARTIES TO
PIN CREATION DATE:
2011/10/04
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.
1975/01/10 TRANSFER EASEMENT
REMARKS: PLAN ATTACHED
1873/07/08
BR1366
AB361551
1873/07/08
BR1365
$7,000
AND ESCHEATS OR FORFEITURE TO THE CROWN.
**
**DATE OF CONVERSION TO LAND TITLES: 1995/05/29 **
SUBSECTION 44(1) OF THE LAND TITLES ACT, EXCEPT PARAGRAPH 11, PARAGRAPH 14, PROVINCIAL SUCCESSION DUTIES
PARTIES FROM
**
**SUBJECT, ON FIRST REGISTRATION UNDER THE LAND TITLES ACT, TO:
** PRINTOUT INCLUDES ALL DOCUMENT TYPES AND DELETED INSTRUMENTS SINCE: 2011/10/04 **
REG. NUM.
CAPACITY
BENO
OWNERS’ NAMES
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER OF INFRASTRUCTURE
SHARE
RECENTLY:
DIVISION FROM 17075−0087
PT LTS 16 & 17, CON 4 BARTON, PT RDAL BTN LOTS 16 & 17, CON 4 BARTON, AS CLOSED BY BYLAW AB304000, PARTS 1, 2, 3, 4, 8, 9, 10 & 12 62R18904; S/T
AB361551; CITY OF HAMILTON
ESTATE/QUALIFIER:
FEE SIMPLE
LT CONVERSION QUALIFIED
PROPERTY REMARKS:
PROPERTY DESCRIPTION:
17075−0375 (LT)
* CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
PAGE 1 OF 3
PREPARED FOR LSantos01
ON 2013/07/24 AT 13:38:59
REGISTRY
OFFICE #62
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER
LAND
C
C
C
C
C
C
C
CERT/
CHKD
296
1999/07/21
2009/02/05
2010/11/22
LT561708
WE602805
62R18904
2011/07/15
WE771925
APL CH NAME OWNER
NOTICE OF LEASE
2013/01/25
2013/02/07
WE880306
WE882367
DIS CONSTRUCT LIEN
CONSTRUCTION LIEN
PLAN REFERENCE
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO AS REPRESENTED BY
THE CHAIR OF THE MANAGEMENT BOARD OF CABINET
THE CORPORATION OF THE CITY OF HAMILTON
PARTIES FROM
2013/07/08
2013/07/09
WE908468
WE908774
CONSTRUCTION LIEN
CONSTRUCTION LIEN
CONSTRUCTION LIEN
$179,585 SONEPAR CANADA INC.
$65,015 CLASS 1 INCORPORATED
*** COMPLETELY DELETED ***
REXEL CANADA ELECTRICAL INC.
*** COMPLETELY DELETED ***
817961 ONTARIO LIMITED
*** COMPLETELY DELETED ***
817961 ONTARIO LIMITED
LAND REGISTRAR, LRO NO. 62
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY
THE MINISTER OF ENERGY AND INFRASTRUCTURE
$1 HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY
THE MINISTER OF ENERGY AND INFRASTRUCTURE
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY
THE MINISTER OF INFRASTRUCTURE
ST. JOSEPH’S HEALTHCARE HAMILTON, A DIVISION OF ST. JOSEPH’S
HEALTH SYSTEM
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY
THE MINISTER OF ENERGY AND INFRASTRUCTURE
CLEARNET PCS INC.
PARTIES TO
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.
2013/07/04
WE907957
REMARKS: WE880306.
2013/01/17
62R19484
2012/01/13 LR’S ORDER
REMARKS: AMEND DESCRIPTION
2011/03/04
WE746785
WE808438
PLAN REFERENCE
APL CH NAME OWNER
NOTICE OF LEASE
PLAN REFERENCE
AMOUNT
2011/02/14 PLAN CORRECTION
ASSISTANT EXAMINER OF SURVEYS
REMARKS: 62R18904. ORDER OF THE EXAMINER OF SURVEYS TO AMEND PLAN 62R−18904
1999/03/12
WE743389
INSTRUMENT TYPE
1997/10/14 BYLAW
REMARKS: BY−LAW NO. 97−198
DATE
62R14964
LT474183
REG. NUM.
17075−0375 (LT)
* CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
PAGE 2 OF 3
PREPARED FOR LSantos01
ON 2013/07/24 AT 13:38:59
REGISTRY
OFFICE #62
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER
LAND
C
C
C
C
C
C
C
C
C
C
C
C
CERT/
CHKD
297
2013/07/11
2013/07/12
2013/07/15
2013/07/17
2013/07/18
2013/07/22
2013/07/23
2013/07/24
WE909214
WE909516
WE910099
WE910432
WE910950
WE911615
WE911823
WE911934
CONSTRUCTION LIEN
APL AMEND ORDER
APL AMEND ORDER
CONSTRUCTION LIEN
APL AMEND ORDER
CONSTRUCTION LIEN
CONSTRUCTION LIEN
CONSTRUCTION LIEN
CONSTRUCTION LIEN
INSTRUMENT TYPE
PARTIES FROM
$33,394 CRANE CANADA CO.
ONTARIO SUPERIOR COURT OF JUSTICE
ONTARIO SUPERIOR COURT OF JUSTICE
$145,147 UNITED RENTALS OF CANADA, INC.
*** COMPLETELY DELETED ***
ONTARIO SUPERIOR COURT OF JUSTICE
$70,002 SONEPAR CANADA INC.
$63,443 NCS INTERNATIONAL CO,
$1,276,908 ANIXTER CANADA INC.
$289,680 4361814 CANADA INC.
AMOUNT
PCL CONSTRUCTORS CANADA INC.
PCL CONSTRUCTORS CANADA INC.
PCL CONSTRUCTORS CANADA INC.
PARTIES TO
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.
2013/07/10
DATE
WE908973
REG. NUM.
17075−0375 (LT)
* CERTIFIED BY LAND REGISTRAR IN ACCORDANCE WITH LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT *
PAGE 3 OF 3
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REGISTRY
OFFICE #62
PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER
LAND
C
CERT/
CHKD
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
Lawyers for Comstock Canada Ltd.,
CCL Realty Inc., and CCL Equities Inc.
Telephone: (416) 369-4631 / (416) 862-3609
Facsimile: (416) 862-7661
Alex MacFarlane / Frank Lamie
LSUC No.: 28133Q / 54035S
Barristers and Solicitors
1 First Canadian Place
100 King Street West, Suite 1600
TORONTO, Ontario, M5X 1G5
GOWLING LAFLEUR HENDERSON LLP
AFFIDAVIT OF DENNIS FORLIN
(Sworn July 25, 2013)
(PROCEEDING COMMENCED AT TORONTO)
ONTARIO
SUPERIOR COURT OF JUSTICE
(COMMERCIAL LIST)
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF COMSTOCK CANADA LTD., CCL EQUITIES
INC., AND CCL REALTY INC.
IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED
Court File No. CV-13-10181-00CL
317
Lawyers for Comstock Canada Ltd.,
CCL Realty Inc., and CCL Equities Inc.
Telephone: (416) 369-4631 / (416) 862-3609
Facsimile: (416) 862-7661
Alex MacFarlane / Frank Lamie
(LSUC No.: 28133Q / 54035S)
Barristers and Solicitors
1 First Canadian Place
100 King Street West, Suite 1600
TORONTO, Ontario, M5X 1G5
GOWLING LAFLEUR HENDERSON LLP
(Returnable July 26, 2013)
MOTION RECORD
(PROCEEDING COMMENCED AT TORONTO)
ONTARIO
SUPERIOR COURT OF JUSTICE
IN BANKRUPTCY AND INSOLVENCY
AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF COMSTOCK CANADA LTD., CCL
EQUITIES INC., AND CCL REALTY INC.
IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED
Court File No. CV-13-10181-00CL