Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership
Haro-Thurlow Street Project Limited Partnership
Law Firm / Organization
Unrepresented
Haro and Thurlow GP Ltd.
Law Firm / Organization
Unrepresented
Harlow Holdings Ltd.
Law Firm / Organization
Unrepresented
1104227 B.C. Ltd.
Law Firm / Organization
Unrepresented
Cloudbreak Holdings Ltd.
Law Firm / Organization
Unrepresented
CM (Canada) Asset Management Co. Ltd.
Law Firm / Organization
Unrepresented
Forseed Haro Holdings Ltd.
Law Firm / Organization
Dennis James Aitken LLP
1115830 B.C. Ltd.
Law Firm / Organization
Unrepresented
Terrapoint Developments Ltd.
Law Firm / Organization
DLA Piper (Canada) LLP
Lawyer(s)

Colin Brousson

Kang Yu Zou
Law Firm / Organization
Unrepresented
Wei Dong
Law Firm / Organization
Unrepresented
Wei Zou
Law Firm / Organization
Unrepresented
Xia Yu
Law Firm / Organization
Unrepresented
Treasure Bay HK Limited
Law Firm / Organization
McMillan LLP
Lawyer(s)

Melanie J. Harmer

Bank of Montreal
Deloitte Restructuring Inc.
Law Firm / Organization
Blake, Cassels & Graydon LLP
1045 Haro Street Limited Partnership
Law Firm / Organization
McCarthy Tétrault LLP

Case Overview:
In Bank of Montreal v. Haro-Thurlow Street Project Limited Partnership, the Bank of Montreal (BMO) sought the appointment of a receiver for Haro-Thurlow Street Project Limited Partnership and related entities due to unpaid debts tied to a failed Vancouver real estate development project. The court appointed Deloitte Restructuring Inc. as receiver.

Legal Issues:
BMO claimed it was owed approximately $86.7 million, secured by first-ranking security over the debtor’s assets. The court had to approve the sale of the debtor's property through a Reverse Vesting Order (RVO), allowing the property to be sold without triggering property transfer taxes, maximizing creditor recovery.

Receivership Proceedings:
The receiver applied for approval of a sale agreement with 1045 Haro Street Limited Partnership. The sale aimed to resolve the outstanding debt, which accrued interest at $19,500 per day. Forseed Haro Holdings Ltd., a limited partner, raised concerns about the integrity of the sale process, speculating involvement from another partner, but the court found no evidence supporting these claims.

Court’s Decision:
The court approved the sale, the RVO structure, and the receiver's activities. It granted declarations of ownership to facilitate the sale and allowed the receiver to distribute proceeds to BMO, minimizing future interest costs. Forseed’s objections were dismissed as speculative.

Outcome:
No specific cost award was mentioned, but BMO was the successful party, recovering proceeds from the sale to offset its $86.7 million debt.

Supreme Court of British Columbia
H230802
Bankruptcy & insolvency
Petitioner