On August 29, 2023, KPMG Inc. was appointed receiver and manager pursuant to section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, and section 55 of The Court of King’s Bench Act, C.C.S.M. c. C280, without security, of all of the assets, undertakings and properties of Bokhari Developments Inc., comprising, located at, arising from, or in any way related to the property commonly known as 1801-1825 Park Drive in Portage la Prairie (the "Project Premises"), Manitoba, pursuant to a court order (the “Receivership Order”) of the Court of the King's Bench in Manitoba (the "Court").
The Receivership Order provided that the Receiver shall not be deemed to be in possession of the real property located at the Project Premises until such time as the Receiver takes care and control of the Project Premises, and that the Receiver may elect not to go into possession of the Project Premises until satisfied that adequate insurance coverage is in place.
On November 14, 2023, the Receiver took possession and control of the Project Premises, and in accordance with the terms of the Receivership Order, the Receiver served notice of same to the Service List.
On November 20, 2023, the Court granted an order, among other things, approving the engagement of NDC Construction Ltd. as contractor (the “Contractor”) for certain construction on the development on the Project Premises (the “Project”).
Knight Law Office is holding certain holdback funds related to the Project (the “Holdback Funds”), and has made an application to the Court for an order authorizing and directing Knight Law Office to pay the Holdback Funds into Court, less the amount of Knight Law Office’s costs (to be determined by the Court). The application is to be heard on July 5, 2024 (application materials are posted below).
Contact information
Court materials
Affidavit dated August 23, 2023 - Part 1 of 5 [PDF 9.8 MB]
Affidavit dated August 23, 2023 - Part 2 of 5 [PDF 10.5 MB]
Affidavit dated August 23, 2023 - Part 3 of 5 [PDF 7.8 MB]
Affidavit dated August 23, 2023 - Part 4 of 5 [PDF 13.4 MB]
Affidavit dated August 23, 2023 - Part 5 of 5 [PDF 10.5 MB]
Brief of the Applicant dated August 25, 2023 [PDF 12 MB]
Notice of Application (Appointing Receiver) dated August 24, 2023 [PDF 4 MB]
Undertaking of Counsel (Peoples) dated August 24, 2023 [PDF 196 KB]
Notice of Motion dated November 16, 2023 [PDF 229 KB]
Motion Brief dated November 17, 2023 1 of 3 [PDF 6.5 MB]
Motion Brief dated November 17, 2023 2 of 3 [PDF 7.7 MB]
Motion Brief dated November 17, 2023 3 of 3 [PDF 6.5 MB]
Notice of Motion dated November 27, 2024 [PDF 344 KB]
Motion Brief dated November 28, 2024 [PDF 3.6 MB]
Court orders
Receivership Appointment Order dated August 29, 2023 [PDF 2.9 MB]
Order dated November 20, 2023 [PDF 1.2 MB]
Service list
Service List as at November 29, 2024 [PDF 161 KB]
Receiver's reports
Related matters
Affidavit dated June 10, 2024 [PDF 862 KB]
Notice of Application dated June 12, 2024 [PDF 170 KB]
Notice of Motion dated June 28, 2024 [PDF 88 KB]
Affidavit dated July 3, 2024 [PDF 1.4MB]
Motion Brief dated July 3, 2024 [PDF 3.7 MB]
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