No.S-137743 Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA

No.S-137743
Vancouver Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENTSACT,
R.S.C. 1985, c. C-36, AS AMENDED
AND
IN THE MATTER OF THE BUSINESS CORPORA TIONS ACT,
S.B.C. 2600, c. 57, AS AMENDED
AND
IN THE MATTER OF THE CANADA BUSINESS CORPORA TIONSACT,
R.S.C. 1985, c. C-44, AS AMENDED
AND
IN THE MATTER OF A PLAN OF COMPROMISE AND ARRANGEMENT OF
LEAGUE ASSETS CORP. AND THOSE PARTIES LISTED ON SCHEDULE “A”
PETITIONERS
NOTICE OF APPLICATION
Name of applicant:
Ad Hoc Group of Convertible Promissory Noteholders of League
Opportunity Fund Ltd. (the “Noteholder Group”)
To:
Those parties listed on the Service List at Schedule “B”
TAKE NOTICE that an application will be made by the Noteholder Group to the
Honourable Madam Justice Fitzpatrick at the courthouse at 800 Smithe Street, in the City of
Vancouver, in the Province of British Columbia, on November 19, 2013 at 9:45 a.m. (or as soon
after as they may be heard) for the orders and directions set out in Part 1 below.
Part!:
ORDERS SOUGHT
An order abridging service such that this application is properly returnable on November
19, 2013 and that service on parties other than those on the service list maintained by the
Petitioners and the Monitor in these proceedings is hereby dispensed with;
2.
An order pursuant to the Companies’ Creditors ArrangementAct, R.S.C. 1985 c. C-36, as
amended (the “CCAA”) lifting the stay of proceedings imposed by the Amended and
Restated Initial Order for the purpose of:
a. a declaration on a summary basis that the assets of League Capital Markets Ltd.
(“LCM”), League Assets Corp. (“LAC”), 1GW REIT Limited Partnership (“1GW
REIT”), 1GW REIT GP Inc. (“1GW REIT GP”), Colwood City Centre Limited
Partnership (“Coiwood LP”), Coiwood City Centre GP Inc. (“Coiwood GP”),
Gatineau Limited Partnership (“Gatineau LP”), Gatineau Centre Development
Limited Partnership, (“Gatineau LP”), Gatineau Centre Development
Corporation (“Gatineau Development”), Gatineau Centre Development GP Inc.
(“Gatineau GP”) Redux Duncan City Centre Limited Partnership and Duncan
City Centre GP Inc. (“Duncan GP”) (LCM, LAC, 1GW REIT, 1GW REIT GP,
Coiwood LP, Colwood GP, Gatineau LP, Gatineau LP, Gatineau Development,
Gatineau GP, and Duncan GP together, the “Investee Companies”) are subject to
an equitable charge in favour of the Noteholders;
b. a declaration on a summary basis that the subsidiaries of 1GW REIT are subject to
an equitable charge in favour of the Noteholders. The subsidiaries of 1GW REIT
include:
i. Londondale Shopping Centre Limited Partnership;
ii. Londondale Shopping Centre GP Inc.;
iii. 2164613 Ontario Inc.
iv. 473 Albert St. Office Limited Partnership
v. 473 Albert St. Office GP Inc.;
vi. Member Partners’ Consolidated Properties Limited Partnership;
vii. Member Partners’ Consolidated Properties GP Inc.;
viii. Sundel Square Ltd.;
ix. Arbutus Industrial Park Ltd.;
x. 1GW Properties Limited Partnership I;
xi. 1GW Properties GP I Inc.;
xii. Market Square Properties GP Inc.;
xiii. 2148711 Ontario Inc.;
xiv. 2164614 Ontario Inc.;
xv. Market Square Properties Limited Partnership;
xvi. Market Square Properties OP Inc.;
xvii. 1GW Public Limited Partnership;
xviii. 1GW Public GP Inc.;
xix. LAPP Global Asset Management Corp.;
xx. Durham Portfolio Limited Partnership;
xxi. Durham Portfolio GP Inc.;
xxii. League Debt Corp.;
xxiii. 0812307 B.C. Ltd.;
xxiv. TOW Industrial Limited Partnership;
xxv. 8252220 Canada Inc.;
xxvi. 1GW Industrial GP Inc.;
xxvii. Tyee Plaza Limited Partnership; and
xxviii. Tyee Plaza GP Inc.
c. a declaration on a summary basis that Coiwood LP and Coiwood GP’s interest in
Colwood Triumph Limited Partnership, Colwood Belmont Developments Ltd.,
Colwood Sooke Developments Ltd., Coiwood Jerome Developments Ltd,
Coiwood City Centre Corp. and 0781891 B.C. Ltd. are subject to an equitable
charge in favour of the Noteholders;
d. a declaration on a summary basis that Gatineau LP and Gatineau OP’s interest in
Gatineau Centre Development GP Inc. and Gatineau Centre Real Estate
Development Corporation are subject to an equitable charge in favour of the
Noteholders;
e. a declaration on a summary basis that Duncan City Centre Limited Partnership
0811883 B.C. Ltd., 0827524 B.C. Ltd., Village Green Holdings #2 Limited,
Village Green Holdings Limited Partnership and Village Green Holdings #3 are
subject to an equitable charge in favour of the Noteholders; and,
f.
a declaration on a summary basis that LCM’s equity interest in Monarch Wealth
Corporation (“MCW”) is pledged to the Noteholders;
3.
An order dispensing with the requirement that the Noteholder Group register its interest
in the assets listed above in paragraph 2, and declaring that the Noteholder Group’s
security interest in the above assets is hereby perfected;
4.
In the alternative, an order lifting the stay of proceedings for the limited purpose of
permitting the Noteholders to bring an action seeking any or all of the equitable charges
sought in paragraph 2;
5.
A declaration that the Noteholder Group is at liberty to apply for further security as the
Noteholder Group receives further information regarding the use of the Noteholder
Group funds; and,
6.
Such other Orders or relief as this Honourable Court deems just and may grant.
Part 2:
FACTUAL BASIS
7.
On October 18, 2013, the Supreme Court of British Columbia granted the Initial Order
in these proceedings.
8.
On October 25, 2013, the Supreme Court of British Columbia granted the Amended and
Restated Initial Order (“ARIO”) in these proceedings.
9.
In or about 2012, League Opportunity Fund (“LOF”) offered Convertible Promissory
Notes (the “Notes”) for aggregate proceeds of up to $25,000,000 (the “Offering”). The
stated purpose of the Offering was to provide bridge capital to fund the acquisition of
and investment in strategic corporate and real estate assets. Pursuant to the terms of the
Offering, LOF was to obtain a security interest from companies receiving funds from
LOF and the Notes.
10.
The Offering
Proceeds”).
11.
Trapeze Capital Corp. (“Trapeze”) and Brookfield Soundvest Capital Management
Ltd. (“Brookfield”) are representatives of various beneficial Noteholders. Together
with 874253 Ontario Limited, Trapeze and Brookfield (the “Initial Directing
Noteholders”) collectively hold $6,845,000 of the Notes, representing 51% of the total
principal amount.
12.
The Initial Directing Noteholders have made various inquiries of the CCAA Applicants
regarding the use of the Notes Proceeds.
13.
Based on the information received to-date, LOF used the Notes Proceeds to:
generated proceeds of approximately $13,500,000
(the “Notes
a. pay $450,000 towards the general working capital of LOF;
b. pay $1,195,821 in commissions, legal and filing fees;
c. loan $9,988,312 to, or on behalf of, LAC (the “LAC Loan”);
d. loan $550,000 to LCM (the “LCM Loan”);
e. pay $451,259 to 2267551 Ontario Inc.
0/a
Green Tree Capital; and,
f. pay $985,850 to Highview Financial Holdings Inc.
14.
The LAC Loan was distributed to the entities listed in paragraph 36 of the Affidavit #2
of Adam Abramson sworn November 18, 2013 (the “Abramson Affidavit”), including
1GW REIT (which received $975,095), Colwood LP (which received $2,769,000),
Gatineau LP (which received $1,500,000)
15.
It appears that LCM Loan was used, at least in part, to acquire LCM’s interest in MCW,
which owns Monarch Wealth Assurance Agencies Inc. and Monarch Wealth Deposit
Group Inc.
16.
At all material times, Emanuel Arruda (“Arruda”) and Adam Gant (“Gant”) were
directors of LOF and also directors of the Investee Companies which received, directly
or indirectly, Notes Proceeds. In particular, at all material times, Arruda and Gant were
directors of:
a. LAC;
b. IGWREITGP;
c. Coiwood GP;
d. Gatineau Development;
e. Gatineau GP; and,
f.
Duncan GP.
17.
Despite delivering a portion of the Notes Proceeds to the Investee Companies, LOF
failed or omitted to obtain security from the Investee Companies or their subsidiaries as
required by the terms of the Notes.
18.
Each of the Investee Companies and their subsidiaries knew of the requirement to grant
a security interest to LOF for the benefit of the Noteholders in exchange for receiving
funds from the Notes Proceeds.
19.
In the alternative, Arruda and Gant were aware of the requirement to grant a security
interest to LOF for the benefit of the Noteholders in exchange for receiving funds from
the Notes Proceeds, and the Investee Companies can be deemed to have this knowledge
through Arruda and Gant.
20.
The Noteholder Group continues to receive information regarding the companies to
which the Notes Proceeds were distributed, directly or indirectly.
As further
information is uncovered, the Noteholder Group may seek to enforce its security
interest in those companies.
Part 3:
21.
LEGAL BASIS
The CCAA grants this Honourable Court broad authority to make any order that it
considers appropriate in the circumstances.
Companies’ Creditors Arrangements Act, R.S.C. 1985, c.C-36 (the “CCAA”) s. 11.
22.
The decision of whether to lift a stay is based on this Honourable Court’s balancing of a
variety of interests.
23.
Situations in which Canadian Courts have found it appropriate to lift a stay in CCAA
proceedings include:
a. when the plan is likely to fail;
b. where the applicant shows hardship caused by the stay itself and independent of
any pre-existing condition of the applicant creditor;
c. where the applicant shows necessity of payment where the creditor’s financial
problems are created by the order or where the failure to pay the creditor would
cause it to close and thus jeopardize the debtor company’s existence;
d. where the applicant would be severely prejudiced by the refusal to lift the stay and
there would be not resulting prejudice to the debtor company or the positions of
creditors;
e. where it is necessary to permit the applicant to steps to protect a right which could
be lost by the passage of time; and,
f.
if, after a lapse of a significant time period, the insolvent is no closer to a proposal
than at the commencement of the stay period.
Canadian Airlines Corp. (Re) (2004), 19 C.B.R.
24.
th
4
1 at Para 20.
In this case, the facts favour lifting the stay to permit the Noteholders to obtain their
security interests:
a. to the extent LOF distributed funds to the Investee Companies, LOF ought to have
obtained a security interest in favour of the Noteholder Group at the time funds
were advanced;
b. the stay imposes a hardship upon the Noteholders, and it would be severely
prejudicial to their interests if the Noteholders are not able to pursue their security
interest immediately, as this interest could be lost, or eroded, with the passage of
time; and,
c. there will be no prejudice to the debtor companies as a result of lifting the stay as
it will allow for recognition of an interest that ought to have been granted at the
time funds were advanced.
25.
Where there is a common intention between a mortgagor and a mortgagee to secure
property for either a past debt or future advances, where that common intention is
unenforceable under the strict demands of the common law, an equitable charge against
the property will arise.
O’Brien v. Royal Bank of Canada (2008), 68 R.P.R.
th)
4
(
•
261
26.
Similarly, where there is an agreement between a debtor and a creditor that a debt owing
will be paid of specific funds coming to the debtor, or an order given by a debtor to a
creditor upon a person owing money or holding funds belonging to the debtor, directing
such person to pay such funds to the creditor will create a valid equitable charge upon the
funds. This principle has been applied to recognize equitable charges where there is a
defect in granting a security interest.
Production Enhancement Group Inc. (Re), 2011 ABQB 350 (“PEG”).
27.
The Noteholder Group submits that the above legal principles support finding a security
interest in favour of the Noteholders against the Investee Companies and each of the
subsidiaries receiving funds.
28.
The Noteholders and LOF expressed a clear intention to create a security interest in
favour of the Noteholders: “[LOF] will enter into loan agreements with all investee
companies with any loans advanced by [LOF] secured by security agreements over the
assets of the investee companies.”
Abramson Affidavit, Exhibit A
29.
In distributing funds to the Investee Companies, LOF failed or omitted to obtain the
necessary security from the Investee Companies.
30.
However, the Investee Companies were aware of the intention to create a security interest
in favour of the Noteholders.
31.
In the alternative, as a result of their common management and ownership, the Investee
Companies can be imputed with LOF’s knowledge of the intention to create a security
interest in favour of the Noteholders. Both Arruda and Gant are directors of LOF and
each of the Investee Companies. Arruda and Gant were each aware of the intention to
create a security interest in favour of the Noteholders.
32.
A company may be imputed with knowledge of a security agreement so long as it would
have been reasonable for a director or senior person within the company to have taken
cognizance of the agreement. Such knowledge can be imputed where the company
shares a director or officer with another company with knowledge of the agreement.
AGT Financial Corporation v. Ellake Services Limited and Mark Cosman, 2011 BCSC 578
33.
Part 4:
at Para 55.
The Noteholder Group respectfully requests that this Honourable Court give effect to the
intention between the parties by granting an equitable charge in favour of the Noteholders
over the assets of the Investee Companies, including giving the Noteholders and
equitable charge over LCM’s equity interest in MCW.
MATERIAL TO BE RELIED ON
34.
The Monitor’s First Report to the Court dated October 23, 2013;
35.
The Affidavit of Adam Abramson dated November 18, 2013;
______________________________
36.
The pleadings and proceedings herein; and
37.
Such other material as counsel may advise and this Honourable Court may permit.
The Applicant estimates that the application will take 45 minutes.
This matter is within the jurisdiction of a master.
This matter is not within the jurisdiction of a master because Madam Justice
Fitzpatrick is seized of these proceedings.
TO THE PERSONS RECEIVU’1G THIS NOTICE OF APPLICATION: If you wish to respond
to the application, you must, within 5 days after service of this notice of application or, if the
application is brought under Rule 9-7, within 8 days after the date of service of this notice of
application,
a)
b)
c)
file an application response in Form 33,
file the original of every affidavit, and of every other document, that
(i)
you intend to refer to at the hearing of this application, and
(ii)
has not already been filed in the proceeding, and
serve on the applicant 2 copies of the following, and on every other party of
record one copy of the following:
(i)
a copy of the filed application response;
(ii)
a copy of each of the filed affidavits and other documents that you intend
to refer to at the hearing of this application and that has not been already
been served on that person;
(iii)
if this application is brought under Rule 9-7, any notice that you are
required to give under Rule 9-7(9).
Dated: November 18, 2013
Signature of \(i1Thn
applicant
]\
.
Skelly
\4wye’\for the Applicant
N
This Notice of Application is delivered by Heenan Blaikie LLP, 2200 1055 West Hastings
Street, Vancouver, British Columbia, V6E 2E9 (Attention: William E.J. Skelly and Lisa C.
Hiebert); Phone: (604)891-1192; Email: WSkel1y(heenan.ca and [email protected]
—
To be completed by the court only:
Order made
in the terms requested in paragraphs
[ j
notice of application
of Part I of this
[1
with the following variations and additional terms:
DateS
Signature of [1 Judge F 1 Master
SCHEDULE “A”
CCAA APPLICANTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
0781591 B.C. Ltd.
0811883 B.C. Ltd.
0812307 B.C. Ltd.
0827524 B.C. Ltd.
0873201 B.C. Ltd.
0891146 B.C. Ltd.
0895249 B.C. Ltd.
0895251 B.C. Ltd.
0908150 B.C. Ltd.
2128273 Ontario Inc.
2146431 Ontario Inc.
2148711 Ontario Inc.
2164613 Ontario Inc.
2164614 Ontario Inc.
2246329 Ontario Limited
2291088 Ontario Inc.
2314845 Ontario Inc.
473 Albert St. Office GP Inc.
473 Albert St. Office Limited Partnership
7667906 Canada Inc.
8252220 Canada Inc.
Arbutus Industrial Park Ltd.
Coiwood Belmont Developments Ltd.
Coiwood City Centre Corp.
Coiwood City Centre GP Inc.
Colwood City Centre Limited Partnership
Colwood Jerome Developments Ltd.
Colwood Sooke Developments Ltd.
Colwood’s Triumph GP Ltd.
Colwood’s Triumph Limited Partnership
Cowichan District Financial Centre GP Inc.
Cowichan District Financial Centre Limited Partnership
Cygnet Apartments GP Inc.
Cygnet Properties GP Inc.
Duncan City Centre GP Inc.
Duncan City Centre Limited Partnership
Durham Portfolio GP Inc.
Durham Portfolio Limited Partnership
Fort St. John Retail GP Inc.
Fort St. John Retail Limited Partnership
Gatineau Centre Development GP Inc.
Gatineau Centre Development Limited Partnership
Gatineau Centre Real Estate Development Corporation
1GW Cash Management Fund Ltd.
1GW Diversified Redevelopment Fund GP Inc.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
84.
85.
86.
87.
88.
89.
90.
91.
92.
1GW Diversified Redevelopment Fund Limited Partnership
1GW Energy Capital GP Inc.
1GW Energy Capital Limited Partnership
1GW Industrial GP Inc.
1GW Industrial Limited Partnership
1GW Mortgage Investment Corporation
1GW Properties GP I Inc.
1GW Properties Limited Partnership I
1GW Public GP Inc.
1GW Public Limited Partnership
1GW REIT: [name change to League 1GW Real Estate Investment Trust]
1GW REIT GP Inc.
1GW REIT Limited Partnership
1GW Residential Capital GP Inc.
1GW Residential Capital Limited Partnership
Jesken Development GP Inc.
Jesken Development Limited Partnership
Jesken Investment GP Inc.
Jesken Investment Limited Partnership
LAPP Global Asset Management Corp.
League Acquisition Corp.
League Assets Corp.
League Assets GP Inc.
League Assets International Inc.
League Assets Limited Partnership
League Capital Markets Ltd.
League Capital Partners Ltd.
League Debt Corp.
League Financial Partners Inc.
League Founding Limited Partner Ltd.
League Holdings Corp.
League Investment Fund Ltd.
League Investment Services Inc.
League Opportunity Fund Ltd.
League Realty Advisory Ltd.
League Realty Services Ltd.
League REIT Jnvestco Inc.
83.
Londondale Shopping Centre GP Inc.
Londondale Shopping Centre Limited Partnership
Market Square Properties GP Inc.
Market Square Properties Limited Partnership
Member-Partners’ Consolidated Properties GP Inc.
Member-Partners’ Consolidated Properties Limited Partnership
North Vernon Properties Inc.
North Vernon Properties Limited Partnership
Partners Equity Finance Inc.
Redux Duncan City Centre Limited Partnership
Residences At Quadra Village GP Inc.
Residences At Quadra Village Limited Partnership
Stoney Range Industrial GP Inc.
Stoney Range Industrial Limited Partnership
Sundel Square Ltd.
Tsawassen Retail Power Centre GP Inc.
Tsawassen Retail Power Centre Limited Partnership
Tyee Plaza GP Inc.
Tyee Plaza Limited Partnership
Village Green Holdings #2 Ltd.
Village Green Holdings #3 Ltd.
Village Green Holdings Limited Partnership
Zeus Energy Ltd.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
HBdocs
-
15930368v6
L)
NO. S-137743
VANCOUVER REGISTRY
IN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENTACT,
R.S.C. 1985, c. C-36, AS AMENDED
AND
IN THE MATTER OF THE BUSINESS CORPORATIONS ACT,
S.B.C. 2002, c. 57, AS AMENDED
AND
IN THE MATTER OF THE CANADA BUSINESS CORPORA TIONS ACT,
R.S.C. 1985, c. C-44, AS AMENDED
AND
IN THE MATTER OF A PLAN OF COMPROMISE AND ARRANGEMENT OF
LEAGUE ASSETS CORP. AND THOSE PARTIES LISTED ON SCHEDULE ‘A”
PETITIONERS
SERVICE LIST
Updated: November 15, 2013
Farris, Vaughan, Wills & Murphy LLP
2500-700 W. Georgia Street
Vancouver, BC V7Y 1 B3
PricewaterhouseCoopers Inc.
250 Howe Street, Suite 700
Vancouver, BC V6C 3S7
Attention:
David E. Gruber
Rebecca Morse
Tim Louman-Gardiner
Attention:
Email:
dgruberfarris.com
[email protected]
tlouman-gardinerfarris.com
lfergusonfarris.com
Counsel for the Petitioners
Email:
Michael J. Vermette
Neil Bunker
Paul Quill
Patricia A. Marshall
John McKenna
[email protected]
[email protected]
paul.r.quilIca.pwc.com
patricia. marshaIlca.pwc.com
[email protected]
The Monitor
-2Osler Hoskin & Harcourt LLP
100 King Street West, 1 First Canadian Place,
Suite 6100, P.O. Box 50
Toronto, ON M5X 1B8
Cook Roberts LLP
7 Floor 1175 Douglas Street
Victoria, BC V8W2E1
-
Attention:
Attention:
Email:
John van Cuylenborg
Kyle Hamilton
[email protected]
[email protected]
Tracy SandIer
Jeremy Dacks
Email:
[email protected]
[email protected]
Counsel for Farmer Constructors Inc.
Counsel forthe Monitor
John McManaman
Chief Financial Officer
Farmer Constructors Inc.
360 Harbour Road
Victoria, BC V9A 3S1
Email: [email protected]
Pushor Mitchell LLP
301 1665 Ellis Street
Kelowna, BC V1Y 2B3
Gowling Lafleur Henderson LLP
550 Burrard Street
Suite 2300, Bentall 5
Vancouver, BC V6C 2B5
-
Attention:
Email:
Steve Wilson
[email protected]
Counsel for Peace Hills Trust Co.
Attention:
Cohn Brousson
Jonathan B. Ross
[email protected]
[email protected]
Email:
Counsel for Quest Capital Management Corp. and
Quest Mortgage Corp.
Patterson Adams
402-707 Fort Street
Victoria, BC V8W 303
Bull Housser & Tupper LLP
Suite 900 900 Howe Street
Vancouver, BC V6Z 2M4
Attention:
Email:
Attention:
Email:
Les Jamieson
[email protected]
-
Steven D. Dvorak
[email protected]
Counsel for 360305 B. C. Ltd.
Counsel for BCMP Mortgage Investment Corporation
Borden Ladner Gervais LLP
1200 Waterfront Centre
200 Burrard Street
Vancouver, BC V7X 1T2
Borden Ladner Gervais LLP
1900 Centennial Place, East Tower
rd
520 3
Avenue SW.
Calgary, AB T2P 0R3
Attention:
Attention:
Email:
Magnus Verbrugge
Betty Torsky
[email protected]
[email protected]
Counsel for TCC Mortgage Holdings Inc.
-
Email:
Andrew K. Maciag, Q.C.
Robert Dawkins
amaciagblg.com
RDawkinsblg.com
Counsel for FCC Mortgage Associates Inc. and
Firm Capital Mortgage Fund Inc.
-3Heath Law LLP
Westhill Centre
200 1808 Bowen Road
Nanaimo, BC V9S 5W4
-
Attention:
Email:
Chuck Blanaru
[email protected]
Owen Bird Law Corporation
29th Floor, Three Bentall Centre
595 Burrard Street
PC Box 49130
Vancouver, BC V7X 1J5
Attention:
Email:
Scott H. Stephens
[email protected]
Counsel for Coastal Community Credit Union
Counsel for Coast Capital Savings Credit Union and
Romspen Investment Corporation
Bennington Financial Services Corp.
302 700 Dorval Drive
Oakville, ON L6K 3V3
874253 Ontario Limited
25 Sheppard Aye, W. Suite 1100
Toronto, ON M2N 6S6
Attention:
Email:
Attention:
Email:
Leann Goodall
[email protected]
Jack A. Rotsztain
[email protected]
Counsel for Bodkin Capital Corporation
On their own behalf
Ronald David Parachoniak and
Hala Parachoniak
Suite 855, 1489 Marine Drive
West Vancouver, BC V7T 1 B8
First Calgary Financial
1100,
7” Avenue SW.
Calgary, AB T2P 2Z1
Email:
rparachoniakgmail.com
Attention:
Email:
Tyson Hartwell
thartwellfirstcalgary.com
On their own behalf
On its own behalf
Kornfeld LLP
1 100 One Bentall Centre
505 Burrard Street, Box 1 1
Vancouver, BC V7X 1M5
Don Hicken
545 Steele Avenue
Peterborough, ON K9J 5A2
Email:
Attention:
Email:
Douglas B. Hyndman
[email protected]
[email protected]
On his own behalf
Counsel for Business Development Bank of
Canada
Blake, Cassels & Graydon LLP
595 Burrard Street, Suite 2600
Vancouver, BC V7X 1L3
Audet Williams
434 Saint-Pierre Street, 2nd floor
Montreal, QC H2Y 2M5
Attention:
Attention:
Email:
Email:
Bill Kaplan
Peter Rubin
Helen Sevenoaks
[email protected]
[email protected]
[email protected]
Counsel for Timbercreek Mortgage Investment
Corporation
Pierre Audet
[email protected]
Counsel for Sun Life Assurance Company
-4Lawson Lundell LLP
1600- 925 West Georgia Street
Vancouver, BC V6C 3L2
Heenan Blaikie LLP
1055 West Hastings Street, Suite 2200
Vancouver, BC V6E 2E9
Attention:
Email:
Attention:
William Roberts
[email protected]
Email:
Counsel for British Columbia Securities
Commission
William E.J. Skelly
John J. Salmas
[email protected]
[email protected]
Counsel for Ad Hoc Committee of Convertible
Promisso,y Noteholders League Opportunity Fund
Ltd.
-
Bull Housser & Tupper LLP
Suite 900 900 Howe Street
Vancouver, BC V6Z2M4
-
Attention:
Email:
R. Max Collett
[email protected]
Counsel for PDG Investments
Norton Rose Fulbright Canada LLP
Complexe Jules-Dallaire I Tour Norton Rose
Fulbright, Bureau 1500, 2828, boulevard Laurier
Québec, Quebec GIV 0B9
Norton Rose Fuibright Canada LLP
3700 Devon Tower
400 3rd Ave. SW
Calgary, AB T2P 4H2
-
Attention:
Email:
Christian Roy
Justin Doll
[email protected]
justin.doIlnortonrosefulbright.com
Counsel for Resolute FP Canada Inc.
McLeod Law LLP
Centennial Place, West Tower
th
2110, 250- 5
Street S.W.
Calgary, AB T2P 0R4
Attention:
Email:
Jeff W. Moroz
[email protected]
Counsel for Certain Investors in Alberta
Joshy Kallungal
Esther Kallungal
Email: joshykaI12rogers.com
Lawson Lundell LLP
1600 925 West Georgia Street
Vancouver, BC V6C 3L2
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Attention:
Email:
Heather M.B. Ferris
[email protected]
Counsel for Export Development Canada, Bank of
Montreal and Churchill Real Estate Inc.
Owen Bird Law Corporation
29th Floor, Three Bentall Centre
595 Burrard Street
PC Box 49130
Vancouver, BC V7X 1J5
On their own behalf
Attention:
Email:
Alan A. Fydenlund
afrydenlundowenbird.com
Counsel for Canadian Western Bank
-5Borden Ladner Gervais LLP
1200 Waterfront Centre
200 Burrard Street
Vancouver, BC V7X 1T2
McMillan LLP
Royal Centre, 1055 W. Georgia Street, Suite 1500
PC Box 11117
Vancouver, BC V6E 4N7
Attention:
Email:
Attention:
Email :
Geoffrey Thompson
gthompsonblg.com
Peter Reardon
peter.reardonmcmilIan.ca
Counsel for Citizens Bank of Canada
Counsel for Maxium Financial Seivices Inc.
Turnham Woodland
Barristers & Solicitors
1002 Wharf Street
Victoria, BC V8W 1T4
Meckelborg Financial
Attention:
Email:
Email: [email protected]
marktmfgltd.com
A. Ross Woodland
[email protected]
Counsel for Citta Construction Ltd.
On their own behalf
Gehien Dabbs Lawyers
1201—1030W Georgia Street
Vancouver, BC V6E 2Y3
Fasken Martineau DuMoulin LLP
2900 550 Burrard Street, Vancouver, British
Columbia V6C 0A3
Gregory Gehlen
[email protected]
Attention:
Email:
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Attention:
John Grieve
Kibben Jackson
Vicki Tickle
Email:
jgrievefasken.com
[email protected]
[email protected]
Counsel for DIP Lenders
Counsel for Representative Counsel for Investors
Bull Housser & Tupper LLP
Suite 900 900 Howe Street
Vancouver, BC V6Z2M4
Webster Hudson & Coombe LLP
510 1040 West Georgia Street
Vancouver BC V6E4H1
Attention:
Email:
Attention:
Email:
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Kieran E. Siddall
[email protected]
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Daniel D. Nugent
[email protected]
Counsel for BCMP Mortgage Investment
Corporation
Counsel for Addenda Capital Corp
Department of Justice
900 840 Howe Street
Vancouver, British Columbia V6Z 2S9
Woodward & Co. Lawyers LLP
Second Floor, 844 Courtney Street
Victoria, BC V8W 1C4
Attention:
Attention: Gary S. Campo
Email: [email protected]
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Email:
Jason W. Levine
Neva Beckie
jason.levine©justice.gc.ca
Neva.Beckiejustice.gc.ca
Counsel for CRA
Counsel for Cowichan Tribes First Nation
-6Kanuka Thuringer LLP
1400 2500 Victoria Ave
Regina SK S4P 3X2
Aboriginal Law Section
Department of Justice Canada
900 840 Howe Street
Vancouver, BC V6Z 2S9
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Attention:
Email:
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Warren N. Sproule, Q.C.
wsproulektIlp.ca
Counsel for Concentra Financial Services
Association
Attention:
Email:
Karen L. Dawson
[email protected]
Counsel for Department of Indian Affairs and
Northern Development
Bennett Jones LLP
4500 Bankers Hall East, 855 2nd Street SW,
Calgary, AB, T2P 4K7
Baker Newby LLP
200 2955 Gladwin Road
Abbotsford, BC V2T 5T4
Attention:
Email:
Attention:
Email:
-
Ken Lenz
lenzk©bennettjones.com
—
Adnan N. Habib
[email protected]
Counsel for G Vest Tsawwassen Power Centre
Limited Partnership
Counsel for Envision Credit Union
Norton Rose Fulbright Canada LLP
3700 Devon Tower
400 3rd Ave. SW
Calgary, AB T2P 4H2
Fishman Flanz Meland Paquin LLP
1250, Boul. Rene-Levesque 0., Suite 4100
Montréal, Québec H3B 4W8
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Howard A. Gorman
Virginie Gauthier
Email: howard.gormannortonrosefuIbright.com
[email protected]
Attention:
Mark E. Meland
Jason Dolman
Email:
[email protected]
jdolmanffmp.ca
Attention:
Counsel for Orange Capital, LLC
Counsel for Simsue Investments Inc. and 4186117
Canada Inc.
Miller Thomson LLP
2700 Commerce Place
10155- 102 Street
Edmonton, AB, Canada T5J 4G8
Taylor Veinotte Sullivan, Barristers
Suite 300-1168 Hamilton Street
Vancouver, B.C. V6B 2S2
Attention:
Email:
Thomas L Gusa
Rick Reeson, Q.C.
Stephen Ross
[email protected]
[email protected]
[email protected]
Counsel for Servus Credit Union Ltd.
McCarthy Tétrault LLP
P.O. Box 10424, Suite 1300
777 Dunsmuir Street
Vancouver BC V7Y 1 K2
Attention:
Email:
Warren Milman
[email protected]
Counsel for Partners Reit
Attention:
Email:
Carey D. Veinotte
cvctvsbarristers.com
Counsel to a number of investors