BCIMC is owed more than $320-million on the three projects. Its $3.6-billion construction mortgage portfolio is managed by QuadReal Finance LP. An affidavit from Dean Atkins, QuadReal executive vice-president and head of mortgage investments, in the 33 Yorkville filing provides a vivid narrative of the lender’s concerns.
Mr. Atkins’s affidavit claims QuadReal appointed PWC to do a review of 33 Yorkville’s budget, which found evidence of “inappropriate project contracting and accounting" and alleged attempts to hide cost overruns through the creation of two project ledgers. Construction subcontractors were allegedly told to divide their awarded contract into two parts: one that would be consistent with the lender-approved budget and a second invoice for the excess. Ledger “001” was sent to the project’s cost consultant Altus Group Ltd. Ledger “002,” with about $3-million in cost overruns, was allegedly hidden until PWC uncovered it.
Another way Cresford is alleged to have played down cost overruns was to offer contractors steep discounts on presale units as payment-in-kind for keeping overages off invoices. One alleged example Mr. Atkins describes saw a contractor agree to not bill a $500,000 overrun to 33 Yorkville’s budget, in return Cresford gave the contractor a $776,000 discount on a condominium unit.
None of the allegations have been proved in court.
The lenders now view the project as being in default of its obligations.
David Mann, chief financial officer of Cresford, in a responding affidavit expressed surprise at the speed of the push to receivership and claimed the coronavirus pandemic was responsible for some of the project delays, as some of the subcontractors at 33 Yorkville have suspended construction work. Mr. Mann said Cresford has a letter of intent from “an entity backed by a renowned Canadian entrepreneur” to buy the Yorkville site, enabling Cresford to repay its debts. Mr. Mann also described efforts to sell a number of Cresford-owned condo townhouses to raise about $10-million.
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“As a broker who sold units in some of these projects and also as a purchaser of a unit at 33 Yorkville, my concern (and that of everyone I know who has sold at this project or is an investor or both) is [whether] Cresford is going to be able to work out their situation,” said Rahim Suleman, a broker with HomeLife/Yorkland Real Estate Ltd., in an e-mail.
“Halo and 33 Yorkville are more than likely to be cancelled completely,” as they have not yet begun substantial construction, said Ms. Lierman, who tracks progress on dozens of condo projects in the Greater Toronto Area.