ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) (IN BANKRUPTCY AND INSOLVENCY) Court File No. 31-2117602 Estate File No. 31-2117602 IN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF ALAN SASKIN THIRD REPORT TO THE COURT OF THE FULLER LANDAU GROUP INC. IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF ALAN SASKIN DATE: August 18, 2016 GOLDMAN SLOAN NASH & HABER LLP Barristers and Solicitors Suite 1600, 480 University Avenue Toronto, Ontario, M5G 1V2 Fax: 416-597-3370 Mario Forte LSUC #: 27293F Tel: 416-597-6477 Email: forte@gsnh.com Robert J. Drake LSUC #: 57083G Tel: 416-597-5014 Email: drake@gsnh.com Lawyers for The Fuller Landau Group Inc. in its capacity as the proposal trustee for Alan Saskin TO: THE SERVICE LIST
INDEX Tab Document 1 Third Report of the Proposal Trustee A Order of Mr. Justice Newbould dated May 26, 2016 B Order of Mr. Justice Penny dated July 11, 2016 C D E F First Report of the Proposal Trustee (without appendices) Revised Cash Flow Projection Fee affidavit of Gary Abrahamson Fee affidavit of Mario Forte
Estate No./ Court File No.: 31-2117602 ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) THE HONOURABLE MR. JUSTICE NEWBOULD THURSDAY, THE 26TH DAY OF MAY, 2016 _IN THE MATTER OF THE BANKRUPTCY AND INSOLVENCY ACT, J 7/2, R.S.C. 1985, c. B-3, AS AMENDED, AN IN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF ALAN SASKIN ORDER THIS MOTION, made by Alan Saskin for an order, among other things, extending the time for Alan Saskin to file a proposal pursuant to section 50.4(9) of the Bankruptcy and Insolvency Act (Canada), R.S.C. 1985, c. B-3, as amended ("BIA"), was heard this day at 330 University Avenue, Toronto, Ontario. ON READING the Notice of Motion, the affidavit of Alan Saskin sworn May 20, 2016 (the "Saskin Affidavit"), and the first report of The Fuller Landau Group Inc. in its capacity as proposal trustee of Alan Saskin (the "Proposal Trustee") dated May 20, 2016, and on hearing the submissions of counsel for Alan Saskin, the Proposal Trustee and such other counsel as were present, no one else appearing although duly served as appears from the affidavit of service, filed. SERVICE 1. THIS COURT ORDERS that the time for service of the Notice of Motion and the Motion Record is hereby abridged and validated so that this Motion is properly returnable today and hereby dispenses with further service thereof.
2 EXTENSION OF TIME TO FILE PROPOSAL 2. THIS COURT ORDERS that the time for the filing of a proposal by Alan Saskin is hereby extended in accordance with section 50.4(9) of the BIA to and including July 12, 2016. SERVICE AND NOTICE 3. THIS COURT ORDERS that the E-Service Protocol of the Commercial List (the "Protocol") is approved and adopted by reference herein and, in this proceeding, the service of documents made in accordance with the Protocol (which may be found on the Commercial List website at http ://www.ontariocourts.ca/scj/practice/practice-directions/toronto/eservicecommercial/) shall be valid and effective service. Subject to Rule 17.05 of the Rules of Civil Procedure this Order shall constitute an order for substituted service pursuant to Rule 16.04 and the Rules of Civil Procedure. Subject to Rule 3.01(d) of the Rules of Civil Procedure and paragraph 21 of the Protocol, service of documents in accordance with the Protocol will be effective on transmission. This Court further orders that a Case Website shall be established in accordance with the Protocol by the Proposal Trustee. 4. THIS COURT ORDERS that if the service or distribution of documents in accordance with the Protocol is not practicable, the Proposal Trustee, counsel to the Proposal Trustee and counsel to the Alan Saskin are at liberty to serve or distribute this Order, any other materials and orders in these proceedings, any notices or other correspondence, by forwarding true copies thereof by prepaid ordinary mail, courier, personal delivery, facsimile or electronic transmission to the Alan Saskin's creditors or other interested parties at their respective addresses as last shown on the records of Alan Saskin and that any such service or notice by courier, personal delivery, facsimile or electronic transmission shall be deemed to be received on the next business day following the date of forwarding thereof, of if sent by ordinary mail, on the third business day after mailing. GENERAL 5. THIS COURT ORDERS that Alan Saskin or the Proposal Trustee may from time to time apply to this Court for advice and directions in the discharge of their powers and duties hereunder.
3 6. THIS COURT ORDERS that nothing in this Order shall prevent the Proposal Trustee from acting as an interim receiver, a receiver, a receiver and manager, or a trustee in bankruptcy, of Alan Saskin. 7. THIS COURT ORDERS that each of Alan Saskin and the Proposal Trustee be at liberty and is hereby authorized and empowered to apply to any court, tribunal, regulatory or administrative body, wherever located, for the recognition of this Order, and for assistance in carrying out the terms of this Order and any other Order issued in these proceedings.
IN THE MATTER OF THE BANKRUPTCY AND INSOLVENCY ACT, Court File No.: 31-2117602 R.S.C. 1985, c. B-3, AS AMENDED Estate No.: 31-2117602 AND IN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF ALAN SASKIN ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) Proceeding commenced at Toronto ORDER BENNETT JONES LLP 3400 One First Canadian Place Toronto, ON M5X 1A4 Fax: 416.863.1716 Raj Sahni (LSUC#: 42942U) Tel: 416.777.4804 Lawyers for Alan Saskin
Estate No./ Court File No.: 31-2117602 ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) THE HONOURABLE MR. JUSTICE PENNY MONDAY, THE 11TH DAY OF JULY, 2016 IN THE MATTER OF THE BANKRUPTCY AND INSOLVENCY ACT,., c,oun r;;;\ R.S.C. 1985, c. B-3, AS AMENDED 'NlAN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF ALAN SASKIN ORDER THIS MOTION, made by Alan Saskin for an order, among other things, extending the time for Alan Saskin to file a proposal pursuant to section 50.4(9) of the Bankruptcy and Insolvency Act (Canada), R.S.C. 1985, c. B-3, as amended ("BIA"), was heard this day at 330 University Avenue, Toronto, Ontario. ON READING the Notice of Motion, the affidavit of Alan Saskin sworn June 30, 2016, and the Second Report of The Fuller Landau Group Inc. in its capacity as proposal trustee of Alan Saskin (the "Proposal Trustee"), and on hearing the submissions of counsel for Alan Saskin, the Proposal Trustee and such other counsel as were present, no one else appearing although duly served as appears from the affidavit of service, filed. 1. THIS COURT ORDERS that the time for service of the Notice of Motion and the Motion Record is hereby abridged and validated so that this Motion is properly returnable today and hereby dispenses with further service thereof. 2. THIS COURT ORDERS that the time for the filing of a proposal by Alan Saskin is hereby extended in accordance with section 50.4(9) of the BIA to and including August 26, 2016. WSLEGAL\075736\00001\13797659v1
2 3. THIS COURT ORDERS that each of Alan Saskin and the Proposal Trustee be at liberty and is hereby authorized and empowered to apply to any court, tribunal, regulatory or administrative body, wherever located, for the recognition of this Order, and for assistance in carrying out the terms of this Order and any other Order issued in these proceedings. a WSLEGAL\075736\00001\13797659v1
IN THE MATTER OF THE BANKRUPTCY AND INSOLVENCY ACT, Court File No.: 31-2117602 R.S.C. 1985, c. B-3, AS AMENDED Estate No.: 31-2117602 AND IN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF ALAN SASKIN ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) Proceeding commenced at Toronto ORDER BENNETT JONES LLP 3400 One First Canadian Place Toronto, ON M5X 1A4 Fax: 416.863.1716 S. Richard Orzy (LSUC#: 231811) Tel: 416.777.5737 Raj Sahni (LSUC#: 42942U) Tel: 416.777.4804 Lawyers for Alan Saskin WSLEGAL\075736\00001\13797659v1
IN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF ALAN SASKIN Court File No. 31-2117602 Estate File No. 31-2117602 ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) (IN BANKRUPTCY AND INSOLVENCY) Proceeding commenced at Toronto THIRD REPORT TO THE COURT OF THE FULLER LANDAU GROUP INC. IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF ALAN SASKIN GOLDMAN SLOAN NASH & HABER LLP Barristers and Solicitors Suite 1600, 480 University Avenue Toronto, Ontario, M5G 1V2 Fax: 416-597-3370 Mario Forte [LSUC No. 27293F] Tel: 416-597-6477 Robert J. Drake [LSUC No. 57083G] Tel: 416-597-5014 Lawyers for The Fuller Landau Group Inc. in its capacity as the proposal trustee for Alan Saskin