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FAAN Mortgage Administrators Inc. (“FAAN Mortgage”) is a dedicated team of finance professionals and is a licenced mortgage administrator under Ontario’s Mortgage Brokerages, Lenders, and Administrators Act, 2006. (FSCO Administrator Licence Number: 12995)
On April 20, 2018, FAAN Mortgage Administrators was appointed as trustee over all of the assets, undertakings and properties of Building & Development Mortgages Canada Inc. under section 37 of the Mortgage Brokerages, Lenders and Administrators Act, 2006, and section 101 of the Courts of Justice Act, pursuant to an order of the Ontario Superior Court of Justice.
As Trustee, FAAN Mortgage Administrators is not appointed over any of the projects with syndicated mortgage loans not administered by BDMC.
On November 14, 2022, the Court approved the following:
the Eden Settlement Agreement and the distribution to the Investors in the Eden Project of 85% of the Realized property to be received by the Trustee in respect of the Eden Project (Eden Resolution and Distribution Order);
the Brookdale Settlement Agreement (Brookdale Settlement Order); and
the: (i) Twenty-Eighth Report, Twenty-Ninth Report and the activities of the Trustee described therein and (ii) The Trustee’s activities and its fees and disbursements, including the fees and disbursements of its counsel, for the period from January 1, 2022 to October 15, 2022 (November 2022 Omnibus Order).
As a result of an objection raised by an investor in the Brookdale Mezzanine Loan it was agreed that the relief being sought in respect of the Trustee's proposed distribution of the Realized Property to be received in connection with the Brookdale Settlement Agreement would be deferred and be heard by the Court on December 14, 2022.
On December 18, 2024, the Trustee served materials in connection with its motion returnable January 14, 2025 which provides, among other things, a comprehensive update on developments in these proceedings since the Thirtieth Report was filed in support of the Trustee’s request for an order authorizing and approving, as applicable:
· the distribution of the Fortress Holdback to the applicable Investors;
· the Trustee’s Thirtieth report to Court and its Thirty-First Report and the activities of the Trustee described therein; and
· the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from October 16, 2022 to November 30, 2024.
On November 14, 2022, the Court approved the following:
the Eden Settlement Agreement and the distribution to the Investors in the Eden Project of 85% of the Realized property to be received by the Trustee in respect of the Eden Project (Eden Resolution and Distribution Order);
the Brookdale Settlement Agreement (Brookdale Settlement Order); and
the: (i) Twenty-Eighth Report, Twenty-Ninth Report and the activities of the Trustee described therein and (ii) The Trustee’s activities and its fees and disbursements, including the fees and disbursements of its counsel, for the period from January 1, 2022 to October 15, 2022 (November 2022 Omnibus Order).
As a result of an objection raised by an investor in the Brookdale Mezzanine Loan it was agreed that the relief being sought in respect of the Trustee's proposed distribution of the Realized Property to be received in connection with the Brookdale Settlement Agreement would be deferred and be heard by the Court on December 14, 2022.
On December 5, 2022, the Trustee served materials in connection with its motion returnable December 14, 2022 in support of the Trustee’s request for an order to: (i) approve the 6th & 10th Settlement Agreement; and (ii) authorize the distribution to the Investors in the 6th & 10th Project of 85% of the Realized property to be received by the Trustee (6th & 10th Settlement Approval and Distribution Order).
On November 14, 2022, the Court approved the following:
the Eden Settlement Agreement and the distribution to the Investors in the Eden Project of 85% of the Realized property to be received by the Trustee in respect of the Eden Project (Eden Resolution and Distribution Order);
the Brookdale Settlement Agreement (Brookdale Settlement Order); and
the: (i) Twenty-Eighth Report, Twenty-Ninth Report and the activities of the Trustee described therein and (ii) The Trustee’s activities and its fees and disbursements, including the fees and disbursements of its counsel, for the period from January 1, 2022 to October 15, 2022 (November 2022 Omnibus Order).
As a result of an objection raised by an investor in the Brookdale Mezzanine Loan it was agreed that the relief being sought in respect of the Trustee's proposed distribution of the Realized Property to be received in connection with the Brookdale Settlement Agreement would be deferred and be heard by the Court on December 14, 2022.
On November 4, 2022, the Trustee served materials in connection with its motion returnable November 14, 2022, which provides, among other things, a comprehensive update on developments in these proceedings since the Twenty-Seventh Report was filed in support of the Trustee’s request for orders authorizing and approving, as applicable: the Brookdale Settlement Agreement and the distribution of 85% of the Realized Property to be received by the Trustee in respect of the Brookdale Project to all syndicated mortgage lenders in the Brookdale Loans on a pari passu basis; the Eden Settlement Agreement and the distribution to the Investors in the Eden Project of 85% of the Realized property to be received by the Trustee in respect of the Eden Project; and the:(i) Twenty-Eighth Report, Twenty-Ninth Report and the activities of the Trustee described therein; and (ii) the Trustee’s activities and its fees and disbursements, including the fees and disbursements of its counsel, for the period from January 1, 2022 to October 15,2022. Copies of the materials filed on November 5, 2022, including the Trustee’s Twenty-Ninth Report, are available below.
On March 21, 2022, the Trustee served materials in support of a Motion for an Order that would, among other things, require the immediate payment by Diversified to the Trustee of the Disputed Amounts, as defined in the Twenty-Eighth Report; the Trustee’s costs on a partial indemnity basis; and such other relief or other Orders incidental to or related to the relief requested in the Twenty-Eighth Report. Copies of the materials filed on March 21, 2022, including the Trustee’s Twenty-Eighth Report, are available below.
On January 31, 2022, the Court granted an order (“January 2022 Omnibus Order”) approving:
the distribution of 85% of the Realized Property received by the Trustee in respect of the South Shore Project to all syndicated mortgage lenders in the South Shore Loans on a pari passu basis;
the distribution to the Investors in the Kemp Project of the remaining realized property being held by the Trustee in respect of the Kemp Project; and
the: (i) Twenty-Seventh Report and activities of the Trustee described therein; and (ii) the Trustee’s activities and its fees and disbursements, including the fees and disbursements of its counsel, for the period from May 1, 2021 to December 31, 2021.
A copy of the January 2022 Omnibus Order and the related endorsement is provided below.
On January 18, 2022, the Trustee served materials in connection with its motion returnable January 31, 2022, which provides, among other things, a comprehensive update on developments in these proceedings since the Twenty-Sixth Report was filed in support of the Trustee’s request for orders authorizing and approving, as applicable:
the distribution of 85% of the Realized Property received by the Trustee in respect of the South Shore Project to all syndicated mortgage lenders in the South Shore Loans on a pari passu basis;
the distribution to the Investors in the Kemp Project of the remaining realized property being held by the Trustee in respect of the Kemp Project; and
the: (i) Twenty-Seventh Report and activities of the Trustee described therein; and (ii) the Trustee’s activities and its fees and disbursements, including the fees and disbursements of its counsel, for the period from May 1, 2021 to December 31, 2021.
Copies of the materials filed on January 18, 2022, including the Trustee’s Twenty-Seventh Report, are available below.
On June 7, 2021, the Court granted the following Orders:
June 2021 Omnibus Order;
Jasper Residual Proceeds Settlement, North Residual Proceeds Settlement, Distribution Order;
Castlemore Resolution Order.
Copies of the relevant Orders and the related endorsement is provided below.
On May 21, 2021, the Trustee served materials in connection with its motion returnable June 7, 2021, which provides, among other things, a comprehensive update on developments in these proceedings since the Twenty-Fourth Report. The Twenty-Sixth Report was filed in support of the Trustee’s request for orders authorizing and approving, as applicable:
the distribution of 85% of the Realized Property received by the Trustee in respect of the Whitby Project, the Nobleton South Project, and the Bowmanville Project, pro rata to the applicable lenders in such projects;
the Related Party Claim Settlement Agreements, Inter-Project Allocation and the distribution of 85% of the Realized Property received by the Trustee in respect of the North Project and the Jasper House Project, pro rata to the applicable lenders in such projects;
the Castlemore Settlement Agreement and the distribution of 85% of the Realized Property to be received by the Trustee in respect of same, pro rata to the Castlemore lenders; and
the Trustee’s activities and its fees and disbursements, including the fees and disbursements of its counsel, for the period from October 1, 2020 to April 30, 2021.
Copies of the materials filed on May 21, 2021, including the Trustee’s Twenty-Sixth Report, are available below.
On February 23, 2021, the Court granted an order approving the requests related to the Wellington House loan advanced by BDMC.
A copy of the Wellington Settlement Approval Order and the related endorsement is provided below.
On February 16, 2021, the Trustee served materials in connection with its motion returnable February 23, 2021, which provides, among other things:
A recommendation that the Court grant an order approving a settlement offer made by the Wellington House borrower in respect of the Wellington House loan advanced by BDMC.
Copies of the materials filed on February 16, 2021, including the Trustee’s Twenty-Fifth Report, are available below.
On November 27, 2020, the Court granted an order (“Omnibus Order”):
approving the Trustee’s Fourteenth Report, Fifteenth Report, Sixteenth Report, Eighteenth Report, Twenty-Second Report and the Twenty-Fourth Report, and the activities described therein; and
approving the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from October 1, 2019 to September 30, 2020.
A copy of the Omnibus Order and the related endorsement is provided below.
On November 16, 2020, the Trustee served materials in connection with its motion returnable November 27, 2020, which provides, among other things, a comprehensive update on developments in these proceedings since the Thirteenth Report including Realized Property generated by the Trustee, sale processes conducted through enforcement proceedings and directly by project borrowers, and other material project developments. The Twenty-Fourth Report was filed in support of the Trustee’s request for an order which includes, among other things:
approving the Trustee’s Fourteenth Report, Fifteenth Report, Sixteenth Report, Eighteenth Report, Twenty-Second Report and Twenty-Fourth Report and the activities described therein; and
approving the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from October 1, 2019 to September 30, 2020.
Copies of the materials filed on November 16, 2020, including the Trustee’s Twenty-Fourth Report, are available below.
On October 15, 2020, the Court granted an order approving the requests in respect of the Peter Richmond loans advanced by BDMC.
A copy of the Peter Richmond Distribution Order and the related endorsement is provided below.
On October 15, 2020, the Court granted an order approving the requests in respect of the Old Market Lane loans advanced by BDMC.
A copy of the OML Distribution Order and the related endorsement is provided below.
On October 15, 2020, the Court granted an order approving the requests in respect of the Tax Opinions related to loans advanced by BDMC.
A copy of the Tax Opinions Order and the related endorsement is provided below.
On October 15, 2020, the Court granted an order approving the requests in respect of the Port Place 2 loan advanced by BDMC.
A copy of the Port Place 2 Order and the related endorsement is provided below.
On October 8, 2020, the Trustee served materials in connection with its motion returnable October 15, 2020, in support of the Trustee’s request for an order (“Port Place 2 Order”) that:
Approves and authorizes the Trustee to enter into certain subordination and priority agreements. The effect of the subordination and postponement agreements will be to subordinate BDMC’s second priority mortgage to the third priority mortgage registered on title to the Port Place 2 project properties.
Copies of the materials filed on October 8, 2020, including the Trustee’s Twenty-Third Report, are available below.
On October 7, 2020, the Trustee served materials in connection with its motion returnable October 15, 2020, in support of the Trustee’s request for an order (“Tax Opinions Order”) that:
Authorizes the Trustee to disseminate copies of the Tax Opinions, in accordance with the procedure set out in the proposed Tax Opinions Order, for use by an Investor in an ongoing or potential action or legal proceeding relating to a Fortress related real estate project to which the Tax Opinion(s) relate(s).
Copies of the materials filed on October 7, 2020, including the Trustee’s Twenty-Second Report, are available below.
On October 2, 2020, the Trustee served materials in connection with its motion returnable October 15, 2020, in support of the Trustee’s request for an order (“Peter Richmond Distribution Order”) that:
Authorizes the Trustee to distribute the Realized Property to the syndicated mortgage lenders who advanced monies pursuant to the PRLA Loan (“PRLA SML Lenders”) and syndicated mortgage lenders who advanced monies pursuant to the LH2 Loan: (i) on a pari passu basis with respect to the portion of the Realized Property allocated to the parcel of land located at 122-124 Peter Street, and (ii) solely to the PRLA SML Lenders with respect to the remaining portion of the Realized Property.
Copies of the materials filed on October 2, 2020, including the Trustee’s Twenty-First Report, are available below.
On October 2, 2020, the Trustee served materials in connection with its motion returnable October 15, 2020, in support of the Trustee’s request for an order (“OML Distribution Order”) that:
Authorizes the Trustee to make a pari-passu distribution of the Realized Property received by the Trustee in respect of the Old Market Lane sale transaction to all remaining syndicated mortgage lenders in the Old Market Lane loans.
Copies of the materials filed on October 2, 2020, including the Trustee’s Twentieth Report, are available below.
On September 22, 2020, the Court granted an order approving the requests in respect of the Orchard loans advanced by BDMC.
A copy of the Orchard Discharge Approval Order and the related endorsement is provided below.
On September 15, 2020, the Trustee served materials in connection with its motion returnable September 22, 2020, in support of the Trustee’s request for an order (“Orchard Approval Order”) that, among other things:
Confirms and approves the Trustee and Olympia Trust Company discharging the Orchard Mortgages registered on title to the Property in respect of the Orchard Loans in connection with the Orchard Sale Transaction upon receipt of the BDMC Discharge Payment; and
Authorizes the Trustee to make a pari-passu distribution of the Realized Property to be received from the Orchard Sale Transaction, net of the Administrative Holdback, to the Orchard Individual Lenders.
Copies of the materials filed on September 15, 2020, including the Trustee’s Nineteenth Report, are available below.
On August 27, 2020, the Court granted an order approving a settlement agreement in respect of the Solterra loan advanced by BDMC.
A copy of the Solterra Settlement Agreement Approval Order and the related endorsement is provided below.
On August 19, 2020, the Trustee served materials in connection with its motion returnable August 27, 2020, which provides, among other things:
A recommendation that the Court grant an order approving a settlement offer made by the Solterra borrower in respect of the Solterra loan advanced by BDMC.
Copies of the materials filed on August 19, 2020, including the Trustee’s Eighteenth Report, are available below.
On March 27, 2020, the Trustee served its seventeenth report to Court in connection with legal proceedings initiated by Emerald Castle Developments Inc., the Castlemore Borrower. Emerald Castle is seeking a Court order that, upon payment of approximately $9.1 million to the Trustee, on behalf of BDMC, among other things, the Borrower: (i) has fully satisfied the debt owing under the Loan Agreement; (ii) is entitled to a full discharge of all security related to the Loan Agreement; and (iii) is entitled to a full and final release from BDMC and the syndicated mortgage lenders who loaned money to the Borrower pursuant to the Loan Agreement.
The Trustee’s Seventeenth Report is available below.
On March 16, 2020, the Court granted an order approving a settlement agreement in respect of the Danforth loan advanced by BDMC.
A copy of the Danforth Settlement Agreement Approval Order and the related endorsement is provided below.
Sorrenti
On September 30, 2019, pursuant to an order of the Ontario Superior Court of Justice, FAAN Mortgage Administrators was appointed as trustee over all of the assets, undertakings and properties of Derek Sorrenti or Sorrenti Law Professional Corporation that relate to Sorrenti’s administration of syndicated mortgage loans.
FAAN’s appointment was precipitated by an application made by the Law Society of Ontario under Section 49.47 of the Law Society Act, R.S.O. 1990. c. L.8, and section 101 of the Courts of Justice Act.
On May 26, 2025, the Trustee served materials in connection with its motion returnable June 6, 2025, which provides, among other things, a comprehensive update on developments in these proceedings since the Sixth Report and support of the Trustee’s request for the following orders that would, among other things:
authorize and direct the Trustee to carry out the Additional Notification Process ;
deem the Fortress Funds to constitute Estate Property (as defined in the Appointment Order);
approve the Trustee’s seventh report to Court and this Eighth Report, and the Trustee’s activities as described therein; and
approve the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from March 1, 2023, to April 30, 2025.
On May 26, 2025, the Trustee served materials in connection with its motion returnable June 6, 2025, which provides, among other things, a comprehensive update on developments in these proceedings since the Sixth Report and support of the Trustee’s request for the following orders that would, among other things:
authorize and direct the Trustee to carry out the Additional Notification Process ;
deem the Fortress Funds to constitute Estate Property (as defined in the Appointment Order);
approve the Trustee’s seventh report to Court and this Eighth Report, and the Trustee’s activities as described therein; and
approve the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from March 1, 2023, to April 30, 2025.
On December 18, 2024, the Trustee served materials seeking an order that, among other things:
- approves the Soba Settlement Agreement; and
- authorizes the Trustee upon receipt of the $350,000 ("Settlement Payment") to distribute 65% of the Settlement Payment to the investors in the Soba Project
On December 18, 2024, the Trustee served materials seeking an order that, among other things:
- approves the Soba Settlement Agreement; and
- authorizes the Trustee upon receipt of the $350,000 ("Settlement Payment") to distribute 65% of the Settlement Payment to the investors in the Soba Project
The Sutton Settlement Agreement discussed in detail in the Trustee's Sixth Report to Court contemplated certain parties requesting certain orders from the Court and the Class Action Court.
On July 5, 2023, the Court granted the following orders:
An order dismissing Olympia Trust Company’s Third Party Claim against ADI DEVELOPMENTS (LINK) INC. (F.K.A. ADI DEVELOPMENTS SUTTON INC.), ADI DEVELOPMENT GROUP INC. and TARIQ ADI with prejudice and without costs; and,
An order granting Sutton Plaintiff’s Counsel leave to dismiss the Sutton Class Proceeding as against the named ADI defendants and dismissing the Sutton Class Proceeding as against the named ADI defendants with prejudice and without costs.
On June 1, 2023, the Court granted the following orders:
an order approving the Sutton Settlement Agreement (“Sutton Settlement Agreement Approval Order”);
an order (“Sutton Distribution Order”) approving the distribution of the Settlement Payment, to be received in respect of the Sutton Project, on a pari passu basis to the syndicated mortgage lenders who advanced funds pursuant to the Sutton 2012 Loan and the Sutton 2014 Loan; and
an order (“Fouth Omnibus Order”) approving:
an amendment to paragraph 3 of the First Omnibus Order, as amended by the Third Omnibus Order, to replace all references to “65%” with “75%”, so that the Trustee shall be required to distribute 75% of any Realized Property pro rata to the Investors entitled to such funds following the receipt by the Trustee of a further $10 million of Realized Property (in addition to the Initial Payment received in respect of the Sutton Project), whether received before or after the date of the Fourth Omnibus Order;
the Sixth Report and activities of the Trustee described therein; and
the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from March 1, 2022 to February 28, 2023.
On March 31, 2022, the Trustee served materials in connection with its motion returnable April 12, 2022 in support of its request for an Order (“Third Omnibus Order”), among other things:
Approving an amendment to paragraph 3 of the First Omnibus Order to replace all references to “50%” with “65%”, so that the Trustee shall be required to distribute 65% of any Realized Property obtained pro rata to the lnvestors entitled to such funds, whether received before or after the date of the Third Omnibus Order;
Authorizing a distribution to the applicable Investors in an amount equal to 65% of the Realized Property, whether received before or after the date of the Third Omnibus Order, including authorizing and directing the Trustee to distribute:
to the Progress Investors 65% of the residual proceeds received by the Trustee from the Progress Sale Transaction; and
to the Unionvillas Investors 65% of the initial distribution received by the Trustee from the Unionvillas Receiver; and
Approving the (i) Fourth Report and the Fifth Report and activities of the Trustee described therein; and (ii) Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from March 1, 2021 to February 28, 2022.
Copies of the materials filed on March 31, 2022, including the Trustee’s Fifth Report, are available below.
On April 12, 2022, the Court granted an Order (“Third Omnibus Order”):
Approving an amendment to paragraph 3 of the First Omnibus Order to replace all references to “50%” with “65%”, so that the Trustee shall be required to distribute 65% of any Realized Property obtained pro rata to the lnvestors entitled to such funds, whether received before or after the date of the Third Omnibus Order;
Authorizing a distribution to the applicable Investors in an amount equal to 65% of the Realized Property, whether received before or after the date of the Third Omnibus Order, including authorizing and directing the Trustee to distribute:
to the Progress Investors 65% of the residual proceeds received by the Trustee from the Progress Sale Transaction; and
to the Unionvillas Investors 65% of the initial distribution received by the Trustee from the Unionvillas Receiver; and
Approving the (i) Fourth Report and the Fifth Report and activities of the Trustee described therein; and (ii) Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from March 1, 2021 to February 28, 2022.
Copies of the Third Omnibus Order and the related endorsement are available below.
On March 31, 2022, the Trustee served materials in connection with its motion returnable April 12, 2022 in support of its request for an Order (“Third Omnibus Order”), among other things:
Approving an amendment to paragraph 3 of the First Omnibus Order to replace all references to “50%” with “65%”, so that the Trustee shall be required to distribute 65% of any Realized Property obtained pro rata to the lnvestors entitled to such funds, whether received before or after the date of the Third Omnibus Order;
Authorizing a distribution to the applicable Investors in an amount equal to 65% of the Realized Property, whether received before or after the date of the Third Omnibus Order, including authorizing and directing the Trustee to distribute:
to the Progress Investors 65% of the residual proceeds received by the Trustee from the Progress Sale Transaction; and
to the Unionvillas Investors 65% of the initial distribution received by the Trustee from the Unionvillas Receiver; and
Approving the (i) Fourth Report and the Fifth Report and activities of the Trustee described therein; and (ii) Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from March 1, 2021 to February 28, 2022.
Copies of the materials filed on March 31, 2022, including the Trustee’s Fifth Report, are available below.
On January 31, 2022, the Court granted the Progress Approval and Vesting Order that, among other things, confirms and approves the Trustee and Olympia Trust Company discharging the Progress Mortgage and vests all of the Borrower’s right, title and interest in and to the Purchased Assets described in the agreement of purchase and sale in the Purchaser.
A copy of the Progress Approval and Vesting Order and the related endorsement is provided below.
On Januray 14, 2022, Empire Pace (1088 Progress) Ltd., the Progress Project borrower (“Borrower”) served motion materials in connection with its motion returnable January 31, 2022 in support of its request for an Order (“Progress Approval and Vesting Order”) that, among other things:
Confirms and approves the Trustee and Olympia Trust Company discharging the Progress Mortgage in connection with the Sale Transaction upon receipt of the Sorrenti Discharge Payment;
Vests all of the Borrower’s right, title and interest in and to the Purchased Assets described in the agreement of purchase and sale in the Purchaser, free and clear of and from any and all claims; and
Seals certain confidential information concerning the Sale Transaction and the sale process, until further order of the Court.
The Borrower’s motion materials include, among other things, a report to Court from the Trustee in support of the Borrower’s request for the Progress Approval and Vesting Order. The Trustee’s report describes the following matters:
an overview of the Progress Project and the underlying Sorrenti syndicated mortgage loan pursuant to which certain of the Investors loaned money in respect of the Progress Project;
the details of the Progress Sale Transaction;
the details of the marketing process conducted for the Progress Property;
information that supports the Trustee’s recommendation to discharge the Progress Mortgage in connection with the Progress Sale Transaction upon receipt of the Sorrenti Discharge Payment, and to take any other steps necessary to facilitate the closing of the Progress Sale Transaction, in its sole discretion; and
a confidential appendix that includes an unredacted copy of the APS and provides, among other things, a summary of the offers received for the Progress Property, the financial details of the Progress Sale Transaction and the estimated Realized Property available for distribution to the Progress Individual Lenders.
Copies of the materials filed on January 14, 2022, including the Trustee’s Fourth Report, are available below.
On May 4, 2021, the Court granted an order (“Second Omnibus Order”) approving the Third Report of the Trustee dated April 23, 2021, as well as the Trustee’s activities described therein, and the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from February 1, 2020 to February 28, 2021.
A copy of the Second Omnibus Order and the related endorsement is provided below.
On April 23, 2021, the Trustee served materials in connection with its motion returnable May 4, 2021, which provides, among other things, an update regarding the proceedings and a recommendation that the Court grant an order approving the Third Report of the Trustee dated April 23, 2021, as well as the Trustee’s activities described therein, and approving the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from February 1, 2020 to February 28, 2021.
Copies of the materials filed on April 23, 2021, including the Trustee’s Third Report, are available below.
On October 7, 2020, FAAN Mortgage Administrators Inc., in its capacity as Trustee of Building & Development Mortgages Canada Inc. (“BDMC Trustee”), served materials in connection with its motion returnable October 15, 2020, in support of the BDMC Trustee’s request for an order (“Tax Opinions Order”) that:
Authorizes the Trustee to disseminate copies of the Tax Opinions, in accordance with the procedure set out in the proposed Tax Opinions Order, for use by an Investor in an ongoing or potential action or legal proceeding relating to a Fortress related real estate project to which the Tax Opinion(s) relate(s).
The Tax Opinions Order contains, among other things, a paragraph that orders that the Tax Opinions Order and the dissemination of copies of the Tax Opinions applies, with any necessary modifications, in the Sorrenti proceeding (Court File No: CV-19-628258-00CL).
Copies of the motion record filed on October 7, 2020, including the BDMC Trustee’s Twenty-Second Report, are available on the website for the BDMC proceedings at the following link:
On October 7, 2020, FAAN Mortgage Administrators Inc., in its capacity as Trustee of Building & Development Mortgages Canada Inc. (“BDMC Trustee”), served materials in connection with its motion returnable October 15, 2020, in support of the BDMC Trustee’s request for an order (“Tax Opinions Order”) that:
Authorizes the Trustee to disseminate copies of the Tax Opinions, in accordance with the procedure set out in the proposed Tax Opinions Order, for use by an Investor in an ongoing or potential action or legal proceeding relating to a Fortress related real estate project to which the Tax Opinion(s) relate(s).
The Tax Opinions Order contains, among other things, a paragraph that orders that the Tax Opinions Order and the dissemination of copies of the Tax Opinions applies, with any necessary modifications, in the Sorrenti proceeding (Court File No: CV-19-628258-00CL).
Copies of the motion record filed on October 7, 2020, including the BDMC Trustee’s Twenty-Second Report, are available on the website for the BDMC proceedings at the following link:
On May 5, 2020, the Court granted an order (“Omnibus Order”):
approving certain amendments to the interim stabilization measures of the Appointment Order to:
authorize the Trustee to distribute 50% of the Realized Property to the applicable Investors, including, without limitation, authorizing and directing the Trustee to effect a distribution equal to 50% of the Bayview, Gotham, and HVS Realized Property; and
authorize the Trustee to use the retained Realized Property as an administrative holdback to fund the cost of these proceedings, including to pay operating and professional costs associated with the SML Administration Business; and
approving the First Report of the Trustee dated January 22, 2020, the Second Report dated March 6, 2020, the Supplement to the Second Report dated April 13, 2020, as well as the Trustee’s activities, the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from the date of the Appointment Order to January 31, 2020.
The Court also granted a further order (the “LRO Direction Order”) which directs the applicable Land Registry Office to, upon the filing by the Trustee of one or more certificate(s) with the Court, expunge and delete the Appointment Order from title to the property(ies) identified in such certificate(s).
Copies of the Omnibus Order, the LRO Direction Order, and the related endorsement are provided below.
On April 13, 2020, the Trustee served a Supplement to the Second Report of the Trustee dated March 6, 2020 in respect of a Claim to Certain Proceeds from the Harmony Village Project by Fortress Real Developments Inc.
The Trustee’s Supplemental report is available below.
On March 6, 2020, the Trustee served materials in connection with its motion returnable March 17, 2020, which provides, among other things, a recommendation that the Court grant an order:
approving certain amendments to the interim stabilization measures of the Appointment Order to:
authorize the Trustee to distribute 50% of the Realized Property to the applicable Investors, including, without limitation, authorizing and directing the Trustee to effect a distribution:
to Bayview Individual Investors in an amount equal to 50% of the Bayview Realized Property,
to Gotham Investors in an amount equal to 50% of the Gotham Realized Property; and
to the HVS Investors in an amount equal to 50% of the HVS Realized Property; and
authorize the Trustee to use the retained Realized Property as an administrative holdback to fund the cost of these proceedings, including to pay operating and professional costs associated with the SML Administration Business; and
approving the First Report of the Trustee dated January 22, 2020 and the Second Report dated March 6, 2020, as well as the Trustee’s activities described therein, and approving the Trustee’s fees and disbursements, including the fees and disbursements of its counsel, for the period from the date of the Appointment Order to January 31, 2020; and
directing the applicable Land Registry Office to, upon the filing by the Trustee of one or more certificate(s) with the Court, expunge and delete the Appointment Order from title to the property(ies) identified in such certificate(s).
Copies of the materials filed on March 6, 2020, including the Trustee’s Second Report, are available below.
On January 30, 2020, the Court granted an order approving a settlement offer made by the Gotham borrower in respect of the Gotham loan advanced by Sorrenti.
A copy of the Gotham Settlement Approval Order and the related endorsement is provided below.
On January 22, 2020, the Trustee served materials in connection with its motion returnable January 30, 2020, which provides, among other things, a recommendation that the Court grant an order approving a settlement offer made by the Gotham borrower in respect of the Gotham loan advanced by Sorrenti.
Copies of the materials filed on January 22, 2020, including the Trustee’s First Report, are available below.
On September 30, 2019, pursuant to an order of the Ontario Superior Court of Justice (Commercial List) (the “Appointment Order”), FAAN Mortgage Administrators Inc. (“FAAN Mortgage”) was appointed as trustee (“Trustee”) over all of the assets, undertakings and properties of Derek Sorrenti or Sorrenti Law Professional Corporation (collectively, “Sorrenti”) that relate to Sorrenti’s administration of syndicated mortgage loans (“SMLs”). FAAN’s appointment was precipitated by an application made by the Law Society of Ontario under Section 49.47 of the Law Society Act, R.S.O. 1990. c. L.8, and section 101 of the Courts of Justice Act, as amended. The materials related to the Trustee’s appointment can be accessed at the following links:
Fortress Class-Actions / Recours collectifs concernant les projets de Fortress
On January 19, 2023 pursuant an order of the Ontario Superior Court of Justice, FAAN Mortgage Administrators Inc. was appointed as Claims Administrator in respect of certain Fortress Real Developments Inc. syndicated mortgages Class Actions, related to the following real estate development project loans:
(a) Collier Centre – in respect of the 2012 syndicated mortgage loan only;
(b) Progress Manors Ten88;
(c) Sutton/The Link;
(d) Harmony Village Lake Simcoe/The Kemp; and
(e) Orchard Calgary – in respect of the 2014 syndicated mortgage loan only.
On December 7, 2022 pursuant an order of the Ontario Superior Court of Justice, FAAN Mortgage Administrators Inc. was appointed as Notice Administrator in respect of certain Fortress Real Developments Inc. syndicated mortgages Class Actions, related to the following real estate development project loans:
(a) Collier Centre – in respect of the 2012 syndicated mortgage loan only;
(b) Progress Manors Ten88;
(c) Sutton/The Link;
(d) Harmony Village Lake Simcoe/The Kemp; and
(e) Orchard Calgary – in respect of the 2014 syndicated mortgage loan only.
Le 19 janvier 2023 en vertu d’une ordonnance de la Cour supérieure de justice de l’Ontario, FAAN Mortgage Administrators Inc. a été désignée à titre de administrateur des réclamations dans le cadre de certaines actions collectives concernant les hypothèques consortiales de Fortress Real Developments Inc., relativement aux prêts projet de développement immobilier suivants:
(a) Collier Centre – à l’égard de l’hypothèque consortiale de 2012 seulement;
(b) Progress Manors Ten88;
(c) Sutton/The Link;
(d) Harmony Village Lake Simcoe/The Kemp; et
(e) Orchard Calgary – à l’égard de l’hypothèque consortiale de 2014 seulement.
Le 7 décembre 2022 en vertu d’une ordonnance de la Cour supérieure de justice de l’Ontario, FAAN Mortgage Administrators Inc. a été désignée à titre de fournisseur de services de notification dans le cadre de certaines actions collectives concernant les hypothèques consortiales de Fortress Real Developments Inc., relativement aux prêts projet de développement immobilier suivants:
(a) Collier Centre – à l’égard de l’hypothèque consortiale de 2012 seulement;
(b) Progress Manors Ten88;
(c) Sutton/The Link;
(d) Harmony Village Lake Simcoe/The Kemp; et
(e) Orchard Calgary – à l’égard de l’hypothèque consortiale de 2014 seulement.
Rathore & Petrozza Criminal Proceedings
On February 2, 2026, sentence was rendered against the defendants, Jawad Rathore and Vince Petrozza.
On May 28, 2025, judgement was rendered against the defendants, Jawad Rathore and Vince Petrozza.
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