Gardiner Roberts LLP – order #57941, #10409 – Georgian Group Ltd.: Notice of Non-Payment of Holdback

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    Publication Date: 23rd January, 2023

    Certificate:

    Notice of Non-Payment of Holdback

    Owner:

    Name of Owner: Muskoka Bay Villas LP
    Address of Owner: 552 Wellington Street West, #1500, Toronto ON M2V 2V5

    Description of the premises:

    PIN 48195-0683: PT BLK 2 PL 35M721 GRAVENHURST PT 7 35R22799; T/W EASEMENT OVER BLK 3 PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 7 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 735R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 7 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 7 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0684: PT BLK 2 PL 35M721 GRAVENHURST PT 8 35R22799; T/W EASEMENT OVER BLK 3 PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 8 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 835R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 8 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 8 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0685: PT BLK 2 PL 35M721 GRAVENHURST PT 9 35R22799; T/W EASEMENT OVER BLK 3 PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 9 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 935R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 9 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 9 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0686: PT BLK 2 PL 35M721 GRAVENHURST PT 10 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 10 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1035R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 10 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 10 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0687: PT BLK 2 PL 35M721 GRAVENHURST PT 11 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 11 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1135R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 11 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 11 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0688: PT BLK 2 PL 35M721 GRAVENHURST PT 12 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 12 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1235R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 12 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 12 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0689: PT BLK 2 PL 35M721 GRAVENHURST PT 13 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 13 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1335R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 13 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 13 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0690: PT BLK 2 PL 35M721 GRAVENHURST PT 14 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 14 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1435R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 14 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 14 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0691: PT BLK 2 PL 35M721 GRAVENHURST PT 15 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 15 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1535R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 15 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 15 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0692: PT BLK 2 PL 35M721 GRAVENHURST PT 16 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 16 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1635R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 16 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 16 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0693: PT BLK 2 PL 35M721 GRAVENHURST PT 17 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 17 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1735R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 17 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 17 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0694: PT BLK 2 PL 35M721 GRAVENHURST PT 18 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 18 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1835R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 18 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 18 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0695: PT BLK 2 PL 35M721 GRAVENHURST PT 19 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 19 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 1935R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 19 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 19 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0696: PT BLK 2 PL 35M721 GRAVENHURST PT 20 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 20 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 2035R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 20 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 20 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0697: PT BLK 2 PL 35M721 GRAVENHURST PT 21 35R22799; T/W EASEMENT OVER BLK 3PL 35M721 AS IN MT71190; T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 68; SUBJECT TO AN EASEMENT IN GROSS OVER PT 21 35R22799 AS IN MT74919; SUBJECT TO AN EASEMENT IN GROSS OVER PT 2135R22799 AS IN MT74922; SUBJECT TO AN EASEMENT IN GROSS OVER PT 21 35R22799 AS IN MT75852; SUBJECT TO AN EASEMENT OVER PT 21 35R22799 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 68 AS IN MT80549; TOWN OF GRAVENHURST PIN 48195-0753: PT BLOCK 1 PL 35M721 GRAVENHURST PT 25 ON 35R23681 T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 70; TOGETHER WITH AN EASEMENT OVER BLK 3 PL 35M721 GRAVENHURST AS IN MT107575; SUBJECT TO AN EASEMENT IN GROSS AS IN MT89260; SUBJECT TO AN EASEMENT INGROSS AS IN MT105420; SUBJECT TO AN EASEMENT IN GROSS AS IN MT106663; SUBJECT TO AN EASEMENT IN GROSS AS IN MT106664; SUBJECT TO AN EASEMENT OVER PT25 35R23681 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 70 AS IN MT108787; TOWN OF GRAVENHURST PIN 48195-0754: PT BLOCK 1 PL 35M721 GRAVENHURST PT 26 ON 35R23681 T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 70; TOGETHER WITH AN EASEMENT OVER BLK 3 PL 35M721 GRAVENHURST AS IN MT107575; SUBJECT TO AN EASEMENT IN GROSS AS IN MT89260; SUBJECT TO AN EASEMENT INGROSS AS IN MT105420; SUBJECT TO AN EASEMENT IN GROSS AS IN MT106663; SUBJECT TO AN EASEMENT IN GROSS AS IN MT106664; SUBJECT TO AN EASEMENT OVER PT26 35R23681 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 70 AS IN MT108787; TOWN OF GRAVENHURST PIN 48195-0755: PT BLOCK 1 PL 35M721 GRAVENHURST PT 27 ON 35R23681 T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 70; TOGETHER WITH AN EASEMENT OVER BLK 3 PL 35M721 GRAVENHURST AS IN MT107575; SUBJECT TO AN EASEMENT IN GROSS AS IN MT89260; SUBJECT TO AN EASEMENT INGROSS AS IN MT105420; SUBJECT TO AN EASEMENT IN GROSS AS IN MT106663; SUBJECT TO AN EASEMENT IN GROSS AS IN MT106664; SUBJECT TO AN EASEMENT OVER PT27 35R23681 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 70 AS IN MT108787; TOWN OF GRAVENHURST PIN 48195-0756: PT BLOCK 1 PL 35M721 GRAVENHURST PT 28 ON 35R23681 T/W AN UNDIVIDED COMMON INTEREST IN MUSKOKA COMMON ELEMENTS CONDOMINIUM CORPORATION NO. 70; TOGETHER WITH AN EASEMENT OVER BLK 3 PL 35M721 GRAVENHURST AS IN MT107575; SUBJECT TO AN EASEMENT IN GROSS AS IN MT89260; SUBJECT TO AN EASEMENT INGROSS AS IN MT105420; SUBJECT TO AN EASEMENT IN GROSS AS IN MT106663; SUBJECT TO AN EASEMENT IN GROSS AS IN MT106664; SUBJECT TO AN EASEMENT OVER PT28 35R23681 IN FAVOUR OF MUSKOKA COMMON ELEMENTS CONDOMINIUM PLAN NO. 70 AS IN MT108787; TOWN OF GRAVENHURST


    Contractor:

    Name of contractor: Georgian Group Ltd.
    Address of contractor: 170 George Street. Midland, ON L4R 2W2

    Address for service:

    Attn. Scott Fairley, Dooley Lucenti LLP, 10 Checkley Street, Barrie, ON L4N 1W1

    The owner will not pay the following amount required to be paid under section 26 and 27 of the Construction Act

    The full amount of the holdback, being: 52,855.19

    Date: 20th January, 2023