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Fortress Brookdale Inc. 

Toronto, June 11, 2018 – Brookdale on Avenue Road is a real property development project located on Avenue Road, between Brookdale Avenue and Fairlawn Avenue and which is municipally known as 1678-1704 Avenue Road, 375-377 Fairlawn Avenue and 412-416 Brookdale Avenue in Toronto, Ontario (the “Property”).  Pursuant to the terms of its security, a mortgagee privately appointed RSM Canada Limited as its receiver (the “Receiver”) for the purpose of realizing on the collateral of Fortress Brookdale Inc., among others, including but not limited to finding interested parties who may wish to purchase the Property.

The Receiver conducted a sales process for the sale of the Property and has entered into an asset purchase agreement (the “APA”) with a potential purchaser.  As part of the terms and conditions of the APA, the Receiver is  required to obtain a Vesting Order from the Court.

The purpose of this webpage is to provide the various stakeholder groups, including individual purchasers of units in the Property, with access to the Court materials.  Copies of pertinent public information will be posted to this website as information becomes available.

Should you require additional information, please contact Arif Dhanani at 647 725 0183 or arif.dhanani@rsmcanada.com.

Initial Application and Subsequent Pleadings and Motions 

Please be advised that the Commercial List office changed the time of the application hearing scheduled for October 18, 2018 in this matter to 10:00 a.m. and confirmed that the hearing will be for 1 hour only, proceeding before Hon. Justice McEwen.

Notice of Application of Firm Capital Mortgage Fund Inc. dated September 12, 2018
Application Record of Firm Capital Mortgage Fund Inc. dated September 21, 2018 
Responding Application Record of Dircam Electric Limited dated October 12, 2018 
Responding Application Record of Innocon, a partnership of Lafarge Canada Inc., Lehigh Hanson Materials Limited and Innocon Inc. dated October 15, 2018
Responding Application Record of Gilbert Steel Limited dated October 15, 2018 
Factum of the Respondent, Innocon, dated October 17, 2018
Book of Authorities of the Respondent, Innocon, dated October 17, 2018 
Factum of the Applicant, Firm Capital Mortgage Fund Inc., dated October 17, 2018
Book of Authorities of the Applicant, Firm Capital Mortgage Fund Inc., dated October 17, 2018 
Factum of the Respondent, Innovon, dated December 13, 2018 
Factum of Computershare Trust Company dated December 14, 2018
Written Submissions of FAAN Mortgage Administrators dated December 14, 2018
Book of Authorities of FAAN Mortgage Administrators dated December 14, 2018
Written Submissions of Firm Capital Mortgage Fund Inc. dated December 14, 2018
Supplementary Responding Application Record of Dircam Electric Limited dated December 14, 2018
Book of Authorities of Dircam Electric Limited dated December 14, 2018
Factum of Dircam Electric Limited dated December 14, 2018 
Joint Case Conference Brief of the Lien Claimants dated February 12, 2018

Receiver's Reports
Report of the Receiver dated October 2, 2018 
Receiver’s Supplemental Report dated October 17, 2018

Orders and Endorsements of the Court
Vesting Order – Property, dated October 18, 2018 
Endorsement of Justice McEwen dated January 4, 2019 
Endorsement of Justice McEwen dated January 30, 2019 
Endorsement of Justice McEwan dated Feb 13, 2019
Endorsement of Justice McEwan (extension of holdback) dated Feb 13, 2019

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