Appointment of Representative Counsel
Pursuant to the Order of the Honourable Mr. Justice Hainey of the Ontario Superior Court of Justice (Commercial List) (the “Court”) dated March 21, 2019 (the “Order”) Miller Thomson LLP (“Representative Counsel”) was appointed to represent all individuals and/or entities (“Investors”) that hold an interest in a syndicated mortgage (“SMI”), administered by Hi-Rise Capital Ltd. (“Hi-Rise”), in respect of the property municipally known as 263 Adelaide Street West, Toronto, Ontario (the “Project”) and the proposed development known as the “Adelaide Street Lofts”, in connection with the negotiation and implementation of a settlement with respect to such investments. A copy of the Order can be found in the ‘Documents’ section of this webpage.
Please note that Representative Counsel’s mandate as prescribed in the Order does not include initiating proceedings or providing advice with respect to the commencement of litigation. Investors who wish to obtain advice with respect to litigation-related matters (including any applicable limitation periods) should contact alternative counsel at their earliest convenience.
Communications with Representative Counsel
Representative Counsel has established this webpage to facilitate communications with Investors. This webpage will include information and documents relevant to Investors. Please regularly consult the ‘Communications’ section of this webpage for updates from Representative Counsel on this proceeding.
Questions regarding the proceeding should be directed to Representative Counsel at HiRiseCapital@millerthomson.com. Responses will be provided on an anonymous basis through a ‘Question & Answers Section’ on this page.
Pursuant to the Order, Representative Counsel was directed to appoint an Official Committee of Investors (the “Official Committee”) in accordance with the Official Committee Establishment Process, which can be found here. The Official Committee Establishment Process sets out the full procedure and process for the establishment of the Official Committee.
In accordance with the Official Committee Establishment Process, Representative Counsel has delivered a Call for Official Committee Applications to all Investors, which can also be found here.
The deadline for applications for the Official Committee is 5:00 pm EST on Monday April 1, 2019.
Once established, Representative Counsel will, among other things, consult with and take instructions from the Official Committee in respect of the SMI and the Project. Members of the Official Committee will be required to follow the Official Committee Protocol, which can be found here.
Questions & Answers
- Application Record – Hi-Rise – 19/3/2019
- Factum of the Applicant – Hi-Rise – 19/3/2019
- Book of Authorities of the Applicant – Hi-Rise – 19/3/2019
- Order of Justice Hainey (re: Appointment of Representative Counsel) – 21/3/2019
- Endorsement of Justice Hainey – 22/3/2019
- Responding Application Record of the Respondent – Superintendent of Financial Services – 28/3/2019
- Factum of the Respondent – Superintendent of Financial Services – 2/4/2019
- Supplementary Affidavit of Noor Al-Awqati – 3/4/2019
- Endorsement of Justice Hainey – 4/4/2019
- Motion Record of Representative Counsel (returnable April 15, 2019) – 9/4/2019
- Responding Application Record of Respondents, Nadeem & Uzma Ghori – 11/4/2019
- Order of Justice Hainey (re: Approval of Official Committee) – 15/4/2019
- Endorsement of Justice Hainey – 15/4/2019
- Endorsement of Justice Hainey – 17/4/2019