On March 6, 2019, by Court Order (the “Receivership Order”), A. Farber & Partners Inc. was appointed by the Ontario Superior Court as Receiver (the “Receiver” or “Farber”), without security, over all funds (the “Proceeds”) (approximately $5.2 million) recovered by the Ontario Securities Commission (the “Commission”) relating to investment schemes in York Rio Resources Inc. (“York Rio”), and Brilliante Brasilcan Resources Inc., (“Brillante”). The Superior Court Order authorizes the Receiver to implement a claims process (“Claims Process”) that will be available to all known investors in York Rio and Brilliante.
Public documents filed with or issued by the Court related to this proceeding including documents pertaining to the Claims Process may be viewed and / or downloaded from the index below.
Investors Claims Process
As Receiver, our task is to administer a claims process and distribute the Proceeds to York Rio and / or Brilliante investors (“Investors”). As a first step in that process, all Investors must first confirm their claims or file proofs of claim in support of same with the Receiver by no later than 5:00 p.m. Pacific time on Friday, May 31, 2019.
The Receiver is in the process of sending out claims packages (an “Investor Package”) by regular mail to Investors identified by the Commission and/or Investors who have contacted the Receiver. The Investor Package sent to Investors will include the following documents:
- Notice of Claim
- Confirmation of Claim
- Proof of Claim
If you were an Investor in York Rio or Brilliante and you do not receive a Notice of Claim or Investor Package from the Receiver by March 29, 2019, the documents mailed in the Investor Package can also be accessed under the Investor Package below the Claims Procedure tab.
If you have any questions regarding the process and steps, you can also contact the Receiver by email at firstname.lastname@example.org, by telephone at 647-796-6034, fax at 416-496-3839 or address your queries through mail to:
Farber & Partners Inc.
(in its capacity as Receiver of the Proceeds of a Sanctions Order against York Rio, Brilliante, and others)
150 York Street, Suite 1600
Toronto, ON M5H 3S5
Attention: Megha Sharma
Before any distributions can be made, all claims received up to May 31, 2019 must be reviewed and finalized by Farber. After that, Farber will ask the Court to approve distributions to be paid out. Until those steps have been completed, Farber will not be able to determine the amount each investor will receive (the cents on the dollar or dividend rate) or when payments will be made to Investors.
The case updates and court filed documents on this website are for information purposes only and you should consult your financial or legal adviser if you have any questions or concerns about your rights or obligations. Additional updates on the status of these proceedings may become available in the future.
- Factum of the Ontario Securities Commission – March 4, 2019
- Supplementary Application Record – March 4, 2019
- Application Record – March 1, 2019
Court Orders & Endorsements
- Endorsement of Justice Hainey – March 6, 2019
- Order of Justice Hainey (Receivership and Claims Process) – March 6, 2019