Court File and Parties

Court File No.: CV-21-663554 Date: 2021-07-22 Superior Court of Justice - Ontario

Re: FCP (BOPC) Ltd., ARI FCP Holdings Inc. and CPPIB FCP Holding Inc., Applicants – AND – Callian Capital Partners Inc., Callian Capital Private Wealth Management Inc. and Cerieco Canada Corp., Respondents

Before: E.M. Morgan, J.

Counsel: Brendan Jones, for the Applicants Tamara Ramsey, for the Respondents

Heard: July 21, 2021

Case Conference Endorsement

[1] This Application is scheduled to be heard on October 25, 2021 for two hours. I am not seized.

[2] The Applicant is a landlord and the Respondents are a commercial tenant and its indemnifiers. Counsel for the Applicant has requested an interim Order requiring the Respondents to pay outstanding rental arrears and to continue paying rent until the return of the matter on October 25th.

[3] Counsel for the Respondents has just been retained and is not instructed to agree to such an Order. She submits that she needs some time to familiarize herself with the file.

[4] I am not prepared to make any substantive ruling about rental arrears when the Respondent has not had an opportunity to fully respond. That said, I am equally not prepared to say that the Respondent can simply occupy a leased premises on a continuous basis and pay no rent.

[5] Until the return of the Application or further Order of the court, the Respondents – any one or any combination of them – shall pay the Applicant the full monthly rent that is due on the first day of every month going forward. If the Respondents fail to pay the full monthly rent on the first of any month, the Applicant shall be at liberty to exercise any remedy available to it under the lease and, in addition, may make submissions to the judge at the return of the Application seeking any other remedy deemed appropriate.

[6] I make no Order with respect to rental arrears already accumulated, and will leave that to the judge hearing the merits.

Morgan J.

Date: July 22, 2021