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Landlords Challenge Ruby Liu’s Financing as Court Weighs Hudson’s Bay Lease Assignments

The judge must decide if forced assignments under the CCAA are reasonable, a ruling that could bind malls to decades-long leases.

Overview

  • At Toronto hearings that continued Friday, landlords argued Liu’s touted $400 million funding pool is not enforceable, largely offshore and insufficient, calling her projections unreliable and the plan “doomed to fail.”
  • Hudson’s Bay says the $69.1 million bid for 25 leases is the best remaining option, would generate roughly $50 million for senior creditors and includes a pledge to pay one year of rent upfront and invest $120 million in renovations.
  • The court-appointed monitor, Alvarez & Marsal, urged rejection, saying Liu’s plan is not sufficiently developed or realistic and risks near-term insolvency.
  • Justice Peter Osborne noted approval could lock landlords into relationships through potential renewals lasting as late as 2094 and is considering whether the assignments meet the CCAA’s reasonableness standard.
  • Three leases in Liu-owned B.C. malls have already transferred for $6 million, while opposition to the remaining sites involves major landlords and split lender views, and a decision remains pending after multi-day submissions.