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Court Filings

On April 30, 2021, an application was brought before the Commercial List of the Ontario Superior Court of Justice by the Ontario Securities Commission in respect of each Bridging Finance Inc., Bridging Income Fund LP, Bridging Mid-Market Debt Fund LP, SB Fund GP Inc., Bridging Finance GP Inc., Bridging Income RSP Fund, Bridging Mid-Market Debt RSP Fund, Bridging Private Debt Institutional LP, Bridging Real Estate Lending Fund LP, Bridging SMA 1 LP, Bridging Infrastructure Fund LP, Bridging MJ GP Inc., Bridging Indigenous Impact Fund, and Bridging Fern Alternative Credit Fund (collectively, “Bridging Finance”) pursuant to section 129 of the Securities Act (Ontario), R.S.O. 1990, c. S. 5, as amended. 

The Honourable Justice Hainey granted an Order and appointed PricewaterhouseCoopers Inc., LIT (“PwC”) as receiver and manager (the “Receiver”), without security, of all of the assets, undertaking and properties of Bridging Finance. Further information on the Receiver’s activities can be found in its reports published here

See the documents available (in English only) from PwC’s website, in relation to Bridging Financing here

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On July 7, 2022, the Receiver filed an application entitled “Claims and Unitholdings Identification Order” (the “Application“), which was presented to the Honorable Geoffrey B. Morawetz, Chief Justice of the Superior Court of Ontario, on July 19th, 2022, at 9:00 a.m.

The Application aimed to establish a process for (1) filing a proof of claim and (2) confirming ownership of Units. You can read the Application (in English only) here.
On July 26, the court order granting the conclusions of the Application was communicated to the parties. You can read the court order (in English only) here.

This is a process initiated and managed entirely by the Receiver. Woods, as Quebec Representative, does not represent unitholders located in Quebec for the purposes of this process.

We bring to your attention that potential claims for misrepresentation and potential claims for unfulfilled redemption requests are excluded from the process to file a proof of claim.

Further, pursuant to the process to confirm ownership of units, the Receiver will send each unitholder a correspondence by mail regarding your unit ownership.You do not need to take any action, unless you believe that the information held by the Receiver is incorrect and/or incomplete. In that case, you must respond within the time limit provided by sending the form entitled “Amendment Request” (the “Amendment Request“) to correct the information. Otherwise, the information regarding your ownership, as set forth in the Receiver’s correspondence, will be deemed to be correct with your ownership and confirmed by you.

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On October 6, 2022, Justice Morawetz presided a case management hearing during which the Court scheduled the hearing of the Unitholder Priority Motion for November 16 and 17, 2002 and approved the following timetable for the delivery of materials:

Deliverable

Deadline

Documents

Receiver’s Motion Record (including Agreed Statement of Facts)

October 12, 2022

Motion Record is available here.

Receiver and General Unitholder Representative Counsel Facta

October 21, 2022

Receiver’s Factum is available here.

General Unitholder Representative Counsel Factum is available here.

Responding Facta from Redemption Representative Counsel, Misrepresentation Representative Counsel, and Quebec Representative Counsel

November 3, 2022

Quebec Representative Counsel’s Factum is available here.

Redemption Representative Counsel’s Factum is available here.

Misrepresentation Representative Counsel’s Factum is available here.

Reply Facta

November 9, 2022

Receiver’s Reply Factum is available here.

General Unitholder Representative Counsel Reply Factum is available here.

The Court also approved, at the request of the parties, amendments to the terms of the Order appointing representatives to clarify the scope of their mandate, as well as amendments to the Tolling Order to clarify its scope. The Amended and Restated Representative Counsel Appointment Order is available here. The Amended and Restated Tolling Order is available here.