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3 landlords among largest real estate holders in Ontario owe $144M, under bankruptcy protection: documents – CBC.ca

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A small group of landlords who own hundreds of rental properties across the province have run out of money, owe over $144 million in unpaid loans and face dozens of lawsuits from creditors, according to documents filed with the Ontario Superior Court of Justice.

Dylan Suitor, Ryan Molony and Aruba Butt are behind 11 now-insolvent corporations that face a “liquidity crisis” with only $100,000 in the bank, the documents say.

The three received court-ordered protection, under the Companies’ Creditors Arrangement Act (CCAA), from over 300 lenders until the end of March 2024, wrote Justice Jessica Kimmel in her decision this week. 

Also known as bankruptcy protection, it means any legal action taken by lenders to recoup their money has been paused so the landlords can attempt to save their business. Documents say 32 lawsuits are currently filed against the corporations in courthouses across Ontario. 

The landlords and their corporations are based in the Hamilton area, but specialize in buying, renovating and in some cases relisting “distressed residential real estate in undervalued markets,” said a court factum. 

Those markets are in Timmins, Sault Ste. Marie and Sudbury, as well as smaller communities, including Kirkland Lake, Temiskaming Shores and Val Caron. 

The landlords currently own 406 properties where 1,000 tenants live, making them “one of the largest holders of residential real estate in Ontario,” Kimmel wrote. 

They did not respond to a request for comment sent through their lawyers.

Over 200 rental units sitting empty: documents

Suitor is a Hamilton investor who made headlines last year for shutting off tenants’ water for nearly three months at 1083 Main St. E. after a pipe burst. At the same time, he was trying to evict them through the Landlord and Tenant Board to renovate their units, which is an ongoing process, lawyers representing the tenants have said. 

The corporation that owns the building — which sits across from Hamilton’s picturesque Gage Park — is not among those in financial trouble that require creditor protection. 

Suitor is also a realtor with over 200,000 followers on Instagram, where he shares business advice as a “self made” entrepreneur and real estate investor.

Last August, Suitor hosted a “Business Results Training Seminar” in Burlington, Ont., promising attendees would learn to grow their business up to 150 per cent over 12 months, according to his social media posts.

Butt is a director of some of the corporations under creditor protection, which own dozens of properties in Sault Ste. Marie. 

Molony is president of SID Developments, according to the website of the company, which provides renovation and management services to the corporations. 

SID Developments was founded by Robert “Robby” Clark, a former child actor known for his starring role in The Zack Files. Clark described the corporations’ unravelling in an affidavit filed in court.

“To reduce the [landlords’] significant interest expense and improve their free cash flow, the company began exploring refinancing and sale opportunities in 2022,” Clark said. 

two men sit on couch
Robby Clark, left, and Dylan Suitor are shown here in a photo posted on Jan. 3, 2020. Clark is the founder of SID Developments, which provides renovation and management services to corporations owned by Suitor and now under bankruptcy protection. (Facebook/Robby Clark)

Their efforts were “hampered” by the Bank of Canada’s interest rate hikes beginning in March 2022 and falling home prices. 

They ran out of money to finish renovating some units, which now sit empty, and represent $350,000 a month in lost revenue, Clark said. More than 200 of the 631 rental units they own are currently empty, documents show. 

Along with owing $144 million for mortgages and other loans, they owe:

  • $2.8 million in unpaid municipal taxes, utility bills and corporate income taxes.
  • $600,000 to contractors, trades and service providers.
  • $55,000 in payroll deductions to the federal government. 

Links between companies can be ‘hard to unravel’: lawyer

With the creditor protection order, the landlords have access to a $12-million loan to pay for the cost of the court proceedings and complete renovations. They’ll also pursue “comprehensive refinancing or restructuring,” and a “consensual plan of compromise” with lenders to continue operations. 

Filing for creditor protection is often used as “a very last resort” for companies on the brink of bankruptcy, said lawyer Karen Fellowes, based in Calgary and Vancouver, who specializes in restructuring and insolvency and is not involved in this case. 

Other times, companies use it strategically if they predict a looming “liquidation crisis” and need to restructure over several months, she said. 

The entrance to an apartment building
Suitor made headlines in Hamilton in 2023 after tenants at 1083 Main St. E. went three months without running water. (Eva Salinas/CBC)

Whether the landlords will be successful in saving their business depends on if the 300 lenders agree to support them, Fellowes said. They will likely get an extension for creditor protection and try to sell some properties, she added.

Tenants have rights that would allow them to stay in their homes even if there’s a new owner, unless lenders want the units vacated and it’s ordered by the court, Fellowes said.

For tenants living in properties not part of the proceedings, like the one at 1083 Main St. E. in Hamilton, it’s unlikely those buildings would be directly impacted as they’re owned by other corporations, she said.  

Real estate investors often try to “limit liability” by creating multiple corporations. 

“It’s not that uncommon, but it does create this really complicated corporate structure where you have multiple companies, multiple lenders, and sometimes the links between them are hard to unravel,” Fellowes said.

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

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