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Hudson’s Bay Battles Lender Over Ruby Liu Lease Deal in Ontario Court

Hudson’s Bay Co. is pushing back against a motion filed by its senior lender, Restore Capital LLC, which seeks to terminate a controversial lease sale to billionaire Ruby Liu. The retailer has asked the Ontario Superior Court to dismiss the motion, arguing that the deal represents its best chance to recover funds for creditors amid its ongoing liquidation. The dispute centers on Hudson’s Bay’s plan to sell up to 28 store leases—25 of which remain pending court and landlord approval—to Liu’s company, Central Walk. While three leases have already been approved for $6 million, Restore claims the remaining transaction is draining resources, citing over $18 million in rent and professional fees with no clear path to completion. Hudson’s Bay CFO Michael Culhane defended the deal, stating that Restore was fully aware of the risks and had previously supported the transaction. He emphasized that Liu has already made a $9.4 million deposit and that the sale could generate significant recoveries ...

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New Ontario real estate rules give sellers more options

 

Ontario has introduced new rules for real estate transactions that aim to provide more clarity and choice for buyers and sellers. The rules, which took effect on Friday, include the following changes:

  • Open bidding option: Sellers can now choose to disclose the prices of submitted bids to potential buyers, instead of keeping them secret. This is supposed to make the bidding process more transparent and fair, but it is not mandatory. Some experts say open bidding could reduce overbidding and lower prices, while others say it could have the opposite effect or harm sellers’ interests.
  • Designated representation: Buyers and sellers can now choose a designated representative from the same brokerage, instead of being subject to multiple representation. This means that the agent can advocate more actively for their client, instead of acting as a facilitator with limited advice. This is supposed to avoid conflicts of interest and improve the quality of service.
  • Improved disclosures: Brokers and brokerages have to provide more information to their clients, such as their role, duties, and fees. They also have to give them an information guide from the Real Estate Council of Ontario (RECO), the regulatory body that oversees the industry. RECO also has new enforcement tools to ensure compliance and protect consumers.
  • Amended code of ethics: Agents have to follow an updated code of ethics that reflects the new rules and promotes professionalism and ethical conduct.

The new rules are part of Phase 2 of the changes under the Trust in Real Estate Services Act, which was passed in 2019. The federal government has also promised to end blind bidding as part of its home buyers’ bill of rights, but it is still consulting with stakeholders.

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