Ontario · Receivership (court-appointed)
1 Notice of Application (To Be Delivered) 2 Affidavit of Michael J. Smith sworn July 1, 2022 A Executive Profile of Michael Smith (“Smith”) B Photographs and Renderings of Capital Build’s Projects C Email from Davide Di Iulio (“Di Iulio”) to Smith dated January 25, 2022 at 4:34 p.m. D Email from Di Iulio to Smith dated January 25, 2022 at 5:18 p.m. E Email from Di Iulio to Smith dated January 25, 2022 at 6:39 p.m. F Bare Trust Agreement between 2735440 Ontario Inc. and Seaside Corporation dated January 30, 2020 G Transcribed voice recording from Management Committee meeting on April 11, 2022 H Statutory declaration sworn by Kararzyna Pikula (“Pikula”) on January 25, 2022 I Statement of Claim (CV-22-00676658-00CL) dated February 9, 2022 and Statement of Defence (CV-22-00676658-00CL) dated April 14, 2022 J Spreadsheet listing files in relation to the services that Capital Build provided to the Project from January 20, 2020 onwards K Contracts between Rosehill and MTN Construction Inc. and Rosehill and RCG Excavation Ltd. L Permit Drawings M Emails between Smith and Pikula re Royal Bank of Canada bank account N Contract between Rosehill and KNYMH dated July 25, 2020 O Additional Service Authorizations between February 12, 2021 and April 6, 2022 P Emails between Pikula, Smith, Frank Servello (“Servello”) and Alfredo Malanca (“Malanca”) re suite changes Q Notice from the RCMP re Nick Monasteridis’ arrest R Email between Dickinson Wright LLP and TYR dated June 30, 2022 S Reliance Letter dated January 4, 2022 T Email between Letizia D’addario from the City of Vaughan and Smith dated April 5, 2022 U Emails from Smith to Nusite Contractors Ltd. and Delta Elevator Co. Ltd. dated May 5, 2022 re contract cancellations V Steven Gray’s covering email to the Lakeshore Agreement dated June 15, 2022 3 Affidavit of Frank Servello sworn July 1, 2022 A Executive Profile of Servello B Handwritten Notes re Telephone Calls with Malanca and others C Purchaser Worksheets 4 Draft Order Appointing Signing Officer
Application / notice of application · 1 July 2022
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What we verified from this filing5 verified
- secured creditorsnote: Identified as 'Secured Creditor' on the service list; affiant states Trez is holding an interest reserve to service its mortgage before it matures in September 2022 and has not issued a notice of intention to enforce security as of July 1, 2022; balance not stated in provided pages · page: 4 · debtor: 2735447 Ontario Inc. (Rosehill) · creditor: Trez Capital Limited Partnership · currency: CAD · security: Trez Mortgage registered against the Property
- secured creditorsnote: Identified as 'Administrator and Registered Chargee' on the service list; nature/amount of registered charge not described in provided pages · page: 4 · creditor: Computershare Trust Company of Canada · currency: CAD
- secured creditorsnote: Original loan advance of $3.4 million (20% interest p.a., plus 25% of net proceeds on sale of Property); additional $500,000 advanced July 16, 2021, extending maturity to July 16, 2023 (components not summed by document). 273 Ontario Inc. was a bare trustee for Seaside Corporation, which is owned by Katarzyna Pikula, a respondent — related-party secured creditor; Davide Di Iulio was President/sole director of 273 at the time. · page: 14 · debtor: 2735447 Ontario Inc. (Rosehill) · creditor: 273 Ontario Inc. (2735440 Ontario Inc.) · currency: CAD · security: 273 Mortgage registered against the Property
- secured creditorsnote: $5.5 million cited as a 'loan commitment' resulting in the Murray Maltz Mortgage — a facility/commitment figure, not a stated outstanding balance · page: 14 · debtor: 2735447 Ontario Inc. (Rosehill) · creditor: Murray Maltz · currency: CAD · security: Murray Maltz Mortgage registered against the Property
- secured creditorsnote: Lien registered April 29, 2022; the Lakeshore Agreement inadvertently refers to the lien as $3,000,685 — the correct amount owing is $2,000,685 per affiant's affidavit · page: 32 · as of: 2022-04-29 · amount: 2000685 · debtor: 2735447 Ontario Inc. (Rosehill) · creditor: Capital Build Construction Management Corp. · currency: CAD · security: Construction lien registered against the Property