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Darryl Levitt Law Darryl Levitt practises law Ontario and is also qualified as a lawyer in South Africa. His area of expertise is corporate finance, energy, and white collar crime investigations. Darryl has worked on many high-profile assignments including the merger of Petro Canada and Suncor for a value of $55bn, the IPO of First Uranium for $265m, the RTO of Pelawan and concurrent financing of $165m. He has also worked on public interest matters including the recent Air Ethiopia aviation disaster, and a large multinational securities law violations case and whistleblower filings. Prior to starting to his own practice, Darryl was a senior lawyer at two multinational law firms. Darryl has consistently been recognized by his peers and clients by the independent WWL as a leading global practitioner in his area of practise. Darryl Levitt Law Counsel Deloitte Building 400 Applewood Crescent Suite 100 Vaughan ON, L4K 0C3 Darryl@darryllevitt.com Reception: 905-482-8089

Coming up! February 2, 2026 Sentencing Hearing Courthouse Details: Location: 10 Armoury Street, Toronto, Ontario (walking distance from subways & City Hall) Room # TBD Start Time 10 am Court is Open to the Public Tried by judge only (no jury) Zoom is not available. JOIN US! About the trial Fortress Criminal Trial R. v Rathore & Petrozza Fortress Real Developments raised more than $920 Million from thousands of everyday investors through syndicated mortgage investments. It is alleged that the company's founders misrepresented the nature and risk of these investments during sales and promotional activities, leading to significant financial losses for investors. In June 2022, following a lengthy investigation by the RCMP Integrated Market Enforcement Team (IMET), Jawad Rathore and Vince Petrozza were criminally charged with Fraud and Secret Commissions. The prosecution chose to focus on 2 projects during the trial: Sky City and Collier. On May 28, Justice D. Moore delivered his guilty verdict. The trial summary can be read here. Key dates: April 13, 2018 : RCMP executed their search warrants and production orders. June 22, 2022 : Rathore & Petrozza are charged with Fraud & Secret Commissions May 28, 2025 : Trial Commences December 3, 2025 : Sentencing Submission Hearing February 2, 2026: Sentencing Hearing Q & A 1. Who are Jawad Rathore and Vince Petrozza? Rathore and Petrozza are the founders and principals of Fortress Real Development. Rathore is the CEO, and Petrozza is the COO. Petrozza was also the principal broker for Centro/BDMC. Fortress and its affiliated brokerages raised over $920 million in syndicated mortgage investments to help fund the "soft costs" of their developments. Investors who were everyday "mom & pop" investors were led to believe the SML investments were secure and low risk. In total, over $900 million was raised from all syndicated mortgage investments. Thousands of investors have lost their life savings investing in Fortress SMLs. 2. Why are they being tried in a criminal court? Rathore and Petrozza were criminally charged with Fraud and Secret Commissions after a lengthy RCMP investigation. It is alleged that the founders of Fortress Real Developments engaged in fraud by orchestrating an ongoing scheme whereby they did not disclose the various risks to brokers and investors of syndicated mortgages. The Crown later chose to focus the trial on the fraud charges. 3. What is a syndicated mortgage? A syndicate mortgage is a group of individuals who lend money privately to a borrower to finance real estate developments, such as residential condo buildings. In the case of Fortress Real Development Inc, loans were secured against a major development proposal known as a Syndicated Mortgage Investment (“SMI”).These funds were primarily to finance the ‘soft costs’ of a real estate development. They are also referred to as Syndicated Mortgage Loans (SML) as the investors in effect leant money to the borrower (developer). 4. Is zoom available for this trial? Unfortunately there are technical issues that prevent the trial from being shared over zoom. If you are able to attend in person, there are many TTC options for those of you in the GTA. Please go to the Trip Planner site for assistance. https://www.ttc.ca/trip-planner 5. What should I expect at the courthouse? What can I bring? Please refer to the courtroom guidelines and etiquette. 6. Which projects are the focus of the trial? Even though Fortress raised money for over 70 projects, (there were about 45 at the time of the RCMP raid), the RCMP narrowed their investigation on Collier, Crates Landing/South Shore, Harmony Village & Sky City. 7. Who is the prosecutor? It is crown attorney Scott Patterson. 8. Who is the defence? Gerald Chan for Vince Petrozza, and Scott Fenton for Jawad Rathore. CBC Developers found guilty of defrauding investors out of retirement savings in Barrie, Winnipeg Read More Global News Fortress Real Developments co-founders found guilty of fraud Read More Investment Executive Fortress pair convicted on fraud charges Read More

Criminal Trial - R. v. Rathore & Petrozza The criminal trial of R vs Rathore & Petrozza, principals of Fortress Real Developments Inc., began in October 2024 and concluded with a verdict in May 2025. A sentencing submissions took place on December 3, 2025, and the sentencing hearing is scheduled on February 2, 2026. This page provides key information about the trial, its outcomes and related media coverage. About the Criminal Trial Trial Background Courthouse Location Q & A Media Coverage Up Trial summary Crown Prosecutor, Defense opening arguments & witness testimonies Read More > closing arguments Summary of Crown Prosecutor & Defense closing arguments Read More > Verdict Justice D Moores verdict & reason for decision Read More > Sentencing Sentencing Submission Hearing Dec 3/25 Read More >

Sentence On February 2, 2026, Justice D Moore delivered his sentence to Rathore & Petrozza. Each are to serve 5 years in prison Each to pay a fine in lieu of forfeiture of $12.2 million payable within 10 years following release from custody A further 5 yrs in prison in default of fine payment A DNA order A 10 year prohibition order pursuant to s.380.2 of the Criminal Code It is unknown at this stage if there will be any restitution for the investors of Collier and Sky City Reason for sentencing read here . Sentencing Submission Hearing December 3, 2025 What is a sentencing submission hearing? A sentencing submission hearing is where the Crown and defence lawyers argue for different penalties after a guilty plea or conviction, presenting aggravating/mitigating factors, while judges consider these arguments, Victim Impact Statements , and reports (like Pre-Sentence Reports) to decide a fit sentence, which can range from fines to jail, often following joint submissions in plea deals or occurring later for more complex cases The following is a Summary of the Sentencing Submission Hearing that took place on December 3, 2025. We would like to thank those who attended in person. The courtroom was standing room only - another room had to be made available due to the overflow. This summary is not an official court transcript. The sentencing will be delivered on February 2, 2026. CROWN SUBMISSIONS Crown counsel Scott Patterson opened by stating that “Rathore and Petrozza’s legacy is that of deceit and greed.” He recommended that each defendant serve 10 years in prison, along with: Either a restitution order for the remaining loss of $26 million ($13M per defendant), or A fine in lieu of forfeiture, requiring the defendants to repay the outstanding amount; failure to pay the fine would result in the defendants returning to custody for an additional term, And a prohibition order under s. 380.2 of the Criminal Code prohibiting them from obtaining, seeking, or continuing any employment or volunteer role that involves authority over another person’s money, real property, or valuable security. After outlining the Crown’s position, Patterson read the Victim Impact Statements from the investor witnesses. He also submitted the Community Victim Impact Statement, which echoed many of the same themes and harms described in the individual statements. The Community Victim Impact Statement can be read here. "Rathore and Petrozza’s legacy is that of deceit and greed”. Scott Patterson Crown Prosecutor Aggravating Factors Identified by the Crown 1. Magnitude of the Fraud – $35 million* Supported by four independent sources: 1. Affidavit of Daniel Sobel, Managing Director, FAAN Mortgages Inc. ( trustee with full access to BDMC records) 2. Tranche schedules listings of all investors 3. RCMP Cpl. Yu’s financial analysis 4. RCMP Cpl. Laroche’s files of all investor forms and data confirming LTV language throughout 2. Material Deceit Security and LTV were central promises to investors. Misrepresentations appeared in sales decks, 9D/FSCO forms, investor training, and promotional materials. The “Real Security, Real Returns” slogan provided false assurances. Personal assurances were made by Rathore & Petrozza to witnesses; ILA was paid for by Fortress. Fortress targeted “mom and pop” investors seeking safe, secured mortgages. 3. Causation and Knowledge Both defendants knew the true “as-is” values. Mortgaging reached 300% LTV, far beyond bank norms. Losses directly resulted from their deceit. 4. Nature of the Fraud Sophisticated, planned, and motivated by greed. Inflated valuations were deliberately sought (including from Petrozza’s cousin Felice). Marketing campaigns targeted both English-speaking and Cantonese-speaking communities. Over 800 investors were affected. The consequences were “devastating and catastrophic.” Mitigating Factor Neither defendant has a prior criminal record. Note that a total of over $80 million in SML funds were raised for both projects however the crown focused on specific tranches of Sky City and Collier to arrive at the $35 million figure. Welcome visitors to your site with a short, engaging introduction. Double click to edit and add your own text. Read More "Fortress was a legitimate business, unlike a Ponzi scheme." Gerald Chan Defence Council for Vince Petrozza Defence Submissions Defence counsel Gerald Chan , acting for Mr. Petrozza, opened the defence submissions and addressed the court on behalf of both defendants. Chan argued that the recommended sentence is “grossly excessive.” Key positions included: Fortress was a legitimate business, not a Ponzi scheme. No trust relationship existed between the defendants and investors; brokers held that duty. Many Fortress projects exited successfully. Investors relied primarily on brokers, not Rathore or Petrozza. Justice Moore challenged these assertions, noting: Witnesses testified they trusted both defendants directly. Rathore and Petrozza participated in sales presentations and broker training. Defence Position on Fraud Amount & Sentence Defence argued the fraud should apply only to the five investor-witnesses, avoiding the mandatory minimum. A conditional sentence with repayment to only those five witnesses, Or, if the fraud applies to all investors (> $1M), a reduced sentence of 3–5 years. Additional Defence Arguments No intention to cause loss-at worst “recklessness.” Many projects were successful; therefore, the model “worked.” There was a level of risk Appraisals were based on a “credible method,” not intended as “as-is” values. The developer (Mady) was responsible for the failures. FAAN’s affidavit should not be relied on; RCMP Cpl. Yu’s tracing was “unreliable.” There was not an element of secrecy. Absence of causation-no direct link that Rathore & Petrozza caused the loss to the investors. Claimed the defendants injected their own funds to save the projects. Defendants have no prior criminal record. "But where did all the investors money go?" Justice Daniel Moore Justice Moore responded with several points, and raised several questions, including: Security is supposed to protect the principal. If there is no security, the principal cannot be recovered. Investors supplied all equity and bore all risk, where the developer Mady did not put up any equity and had a 50% stake in the project. Asked the Defence whether there is any evidence of expenses Mady and Fortress incurred? (The defence replied "no".) Sky City began and remained a parking lot; no value was created. Where did all the investors' money go? What about priority? Were they (Rathore & Petrozza) behind or ahead of investors? (Defence was going to “check”) Security was eliminated through inflated valuations. Personal Circumstances Raised Letters of Support for Petrozza Chan presented two letters of support from Petrozza’s family members. One from his wife, and another from his father. Petrozza is 50 has 3 children. His parents are elderly and hopes to care for them as well as his extended family. It was also noted that Petrozza's early career was with Scotiabank. (note that Chan conveniently failed to mention his previous business with Rathore, Phoenix. Rathore & Petrozza were banned for life from dealing with Securities due to a stock manipulation scheme from 2007-2009 and were fined $3 million.) No Restitution Defence provided no restitution proposal for Petrozza No Fine in Lieu of Forfeiture Defense argued that: Forfeiture should be based on what defendants personally gained, not investor losses. Claimed defendants lacked full control over the funds. Repeated that constable Yu’s information is unreliable on criminal sentencing or liability. Justice Moore responded with several points, and raised several questions, including: There is no other suggestion that there were other operating minds of Fortress other than Rathore & Petrozza? The defense replied “No”. Tranche schedules are accurate, registered documents. “ What about tranche schedules? Are you saying that I can’t rely on the tranche schedules- that means Fortress didn’t get that money? Where would the money go?” The defence responded: “What did they receive personally is my submission. The test is what came into the offender’s possession or control.” The judge responded: “ Aren’t they in control of the company?” Prohibition Issue Defence argued that would be an issue as they would not ne able to seek gainful employment and stated “ This is not a case where the defendants handled the victims funds.” Distinguishable? Justice Moore asked Chan if the defendants are distinguishable in relation to a fine or restitution, and the sentence since profits were split 80% Rathore and 20% Petrozza. Chan responded that it should be the same sentence/fine for both. "Fortress was a lawful and successful business, and that in no way was it a scam." Scott Fenton Defence Council for Jawad Rathore Read our Fortress Project analysis here. B ased on court and trustee records the total loss to date to investors is $420 Million. Is this success? Defence counsel Scott Fenton Defence counsel Scott Fenton, acting for Mr. Rathore, continued with the defence submissions and stated that he adopts Chan’s positions. He stated that his client maintains his innocence and has respect for the court, and that Rathore feels badly for the investors losing their money. Fenton raised several factors: Fortress was a lawful and successful business, and in “no way” a scam. He added that: Rathore & Petrozza deserve recognition for the projects that were successful. Fortress had a standard financing model where they would get SMLS (investors money) for the soft costs. It was not a Ponzi scheme, and unfortunately those projects failed. The Judge asked: “Did they all have a model where the developer got 50% with no money down?” (No answer from Fenton). Defence continued: Rathore genuinely wanted the projects to be successful and pay back the investors. SML’s were not safe, & that they were speculative. Investors were told their loan ranked no more than 2nd, subordinated by construction loans. The judge asked: “Did you not see the promotional material and forms?” . Fenton replied: “OK, the form had a mistake. I’m saying it’s relevant to moral culpability.” Fenton continued: “How does the court sentence Jawad and Petrozza when most of the projects were successful?” The Judge replied: “When you’re dealing with people investing in mortgages, the value is important if the project doesn’t work.” Singular feature between Collier and Sky City was Mady, the developer, as Mady went bankrupt. The judge asked “Don’t developers invest capital in the project they’re building?” "Did you not see the promotional material and forms?" Justice Daniel Moore View examples of the Fortress Promotional Material here About Jawad Rathore & his family Jawad is 49. Has no criminal history. Although Fenton did not produce any letters for Rathore, he explained that Rathore has 6 young children, 3 of which have learning disabilities, and their mother has an auto-immune disease. He also has elderly parents (mother has early-onset dementia). No Submissions for Repayment for Jawad Rathore Fenton was asked by the judge if Rathore has any submissions for Rathore’s ability to repay the victims.Fenton stated he has no submissions for repayment. Crown Closing Statements Patterson emphasized: There was a breach of trust: the defendants created the business model and financing scheme. They knew opinions of value were not “as is”. They withheld the truth and lied directly to their investors. There is a direct line between their activities and the risk.They told the LTV was never to exceed 80%. They knew it was not secure, and mortgaged loans up to 300%. Investor losses stemmed directly from the defendants’ actions, not from Mady. Rathore & Petrozza controlled the flow of investor funds.FAAN’s records are consistent and corroborated. Statement by Jawad Rathore Rathore spoke briefly (without addressing victims): “I’m speaking on behalf of myself and Mr Petrozza. Vince and I started this business 16 years ago. We always had the best intentions for all stakeholders. When we took projects it was with intentions of them being successful. We just wanted to share with the court that we had the best intentions. We appreciate the opportunity”. Next Court Date Sentencing is scheduled for February 2, 2026. The court will attempt to make Zoom available. More details to follow.

Vosmi in the News 2019 Victims Fight Back against Regulator and the Law Society of Ontario September 19, 2019 Canadian Fraud News Investors who lost millions in syndicated mortgages call for changes at law society September 13, 2019- CBC News Victims cry foul over Fortress Real rewards June 13, 2019 - Canadian Professional Mag 2022 Ottawa senior says he lost life savings investing with company now facing fraud charges July 6, 2022 CTV News 2021 Investors who lost millions launch petition calling for federal attention on Fortress deals February 17, 2021 2020 Fortress cancels major high-rise project in Winnipeg, leaves investors hanging October 7, 2020 PC Mag Lot that was supposed to be home to SkyCity, Winnipeg's tallest tower, now up for sale Oct 2, 2020 CBC

Closing Arguments (Apr 1-2, 2025) Day 1 Crown Prosecution's Closing Argument The prosecution began by restating the charges against the defendants, emphasizing the seriousness of the allegations. Originally there were two charges- Fraud and Secret Commissions on four development projects, however the Crown narrowed this to Fraud on two projects: Collier and Sky City . Crown counsel Vallery Bayly highlighted the three elements of fraud. Deceit, Dishonesty & Deprivation. 1. Deceit 2. Dishonesty 3. Deprivation 1. Deceit The prosecution argued that promotional contained falsehoods. Documents used terms like "as is" and described Loan to Value "LTV" based on current value, and called the investment secured without clarifying that the values were opinions, not actual appraisals. Materials shows included a “What is LTV ?” slide stating “proper evaluations are essential” without indicating the basis for the LTV, and a pamphlet explaining appraisals and "why LTV matter s". The appraisal section of the FSCO investor disclosure firm, showed an appraisal of $21 Million, however this was this was the opinion of value, ie the future value. In some documents the "project value" line was left blank, yet the i n the Law Society disclosure form, point #9 indicates “I am satisfied that current value is $21 Million, LTV 85%. The prosecution stressed that investors testified about security and LTV being import to their investments and argued that forms should have been honest. It was not acceptable to tell investors their funds were secure when that was not true. The Crown stated this was not a "buyer beware" situation. 2. Dishonesty The prosecution argued the the failure to disclose actual "as is" appraisals was dishonest . Evidence suggested that Petrozza had an appraisal as of August 16, 2013, and anther $11 million appraisal, both not provided to investors. Emails discussed a July 24, 2012 appraisal of $6.9 million, demonstrating that Rathore and Petrozza knew real estate appraisals were much lower than the figures presented publicly. The prosecution anticipated the defence would argue that appraisals had to be kept confidential, however a contractual confidential clause does not negate fraud, and it was not on the investors to request appraisals. 3. Deprivation The prosecution cited the Theroux fraud case, noting that a dishonest act resulting in deprivation alone suffices conviction- even if the defendants honestly believed in the completion of projects. Prosecution emphasized evidence showing: Rathore and Petrozza were investors were told and not told - they provided training and were personally involved in the marketing materials Training videos and emails demonstrated knowledge of disclosure omissions . In an email chain between Rathore & Petrozza July 4-6 2012- Petrozza asked for an appraisal to Jeff Cheung - Subject line is Appraisal. They discuss the $6.9 appraisal. Petrozza knows $6.9 million figure will be a problem and not sufficient. They discuss the Felice evaluation and say “Felice for the win!” Other evidence from the Sky City documents, and similar email chains. Email between Petrozza and another Fortress employee - Fortress employee Mr Cercosta states “ I don’t even know why we paid or wasted time “ … Petrozza replies “I said get me an appraisal or evaluation of $9.4 million or better! “ Cercosta replies “It’s an insulting joke”, Petrozza replies “ Agreed, but we get what we need to get to the end goal”. Evaluators confirmed they did not intend their opinions of value to be shared with mom and pop investors. The Crown concluded that the defendants knowingly marketed the investments as secure when they were not, and this dishonesty caused deprivation to the investors. Defence's Closing Argument Scott Fenton began by noting the RCMP lengthy investigation and explaining that the Crown narrowed the charged to two projects. Fenton argued that: Fortress had over 80 projects, and many were successful . (Note that this statement was not supported by evidence. To review a Fortress project analysis, please refer here. Out of the 80 projects, 18 exited with no payout at all to investors (total loss of over $240 Million; 28 projects exited with partial payouts to investors with losses of $180 Million. The total amount of investor funds never repaid to date is over $400 Million. During his arguments, he only listed a handful which were successful. ) Brokers had a legal duty under the act to ensure their clients understood risks and the opinions of value, and this responsibility did not lie with Rathore & Petrozza. (Note: Petrozza was actually a licensed broker with Centro/BDMC while also a controlling principal of Fortress and had a duty of care to the investors). Fortress was developer facing, while Centro/BDMC were investor facing The Defence stressed that: Investors could have asked questions or reviews materials more carefully. In the case of Collier, that the initial developer Mady went bankrupt and that is the “Elephant in the room” (Fact Check-Collier was initially developed by Mady Development Corp; Mady filed for creditor protection January 30 2015; In November 2015 Fortress purchased the Collier Centre and as lead developer they were responsible to repay the SML investors. Fortress later defaulted on its first loan to Morisson. Morrison then listed the property for sale in 2018; in 2019 the property was sold however there were no recoveries to repay the SML investors. Brokers were responsible for explaining terms and conditions to SML investors. Independant Legal Advice (ILA) was provided to investors. (Fact Check: the ILA was arranged and paid for by Fortress) All documents were conveyed to investors via brokerages. The documents that Rathore & Petrozza showed the importance of brokers to disclose information to investors. At one point, the judged asked: “Were the fees payable whether the project was successful or not? If they were not profitable and not completed do they have to pay the money back?” and the t he defence replied “ Well investors could have asked” . The judge responded” I’m asking you .” He added: “ It was calculated assuming it will be profitable?” Defence responded “ It’s not a fee based on profitability” and added” Anyone was free to ask” (Note that the courtroom erupted in laughter from the viewers.) The defence continued to emphasize risk disclosure and argued that the evidence did not support a finding of fraud. Day 2 Defence Closing Arguments Defence Gerald Chan reiterated that: Opinions of value were fully disclosed to investors Opinions of value were independent Fortress was not required to disclose the other valuations/ appraisals in its possession -and in fact was prohibited from doing so Crown's cases are distinguishable (ie. this case differs from a precedent case, and therefore, the precedent's legal reasoning or holding does not apply to the this case due to materially different facts.) The Defence argued that: Fortress was not investor-facing, and disclosures to investors were made by brokers and lawyers. Brokers dealt with the investors, and had the duty to disclose to investors per regulations- however that regulation was not applicable to Fortress. The Judge responded: “Brokers don’t immunize Fortress from responsibility” . The judge cannot rely on common market judgement about valuation methods. Different valuation methodologies exist, and the evidence did not conclusively show misuse. In exchange with the judge about valuation methodology the defence argued that anticipated future value could legitimately affect valuations and that property valuation is a "murky area". The defence also stated that email chains did not demonstrate undue interference in valuation information and that working with developers and using independent assessments was lawful. The closing argument ended with the defence maintaining that the case did cannot be deemed as fraud.

Class Action Law Suits Lawyers Mitchell Wine, of MSTW Professional Corporation and Margaret Waddell of Sotos joined forces in prosecuting five proposed class actions relating to syndicated mortgage loans (SMLs) promoted by Fortress Real Developments Inc. and Fortress Real Capital Inc. Details of the proposed class actions, as well as statements of claims, and settlements can be found on the Sotos website. (search Fortress). The actions relate to the SMLs registered on five different real estate developments: Collier Centre – (2012 syndicated mortgage loan only) Progress Manors Ten88 Sutton/The Link Harmony Village Lake Simcoe/The Kemp Orchard Calgary – only in respect of the charge registered as Registration No. 141 112 373. CURRENT PROPOSED CLASS ACTIONS PARTIAL SETTLEMENTS There have been 5 partial settlements thus far. Please refer to the Sotos website, (search under cases/Fortress) or the FAAN website for details https://www.faanmortgageadmin.com/fortress/english . Sutton/The Link Settlement BDMC and Ildina Galati Estate FFM, Rosalia Spadafora, and Saul Perlov FMP, Tonino Amandola, Michael Daramola, and Graham McWaters Derek Sorrenti, Grant Morgan, and Sorrenti Law Professional Corporation It is important to understand that a class action certification hearing the initial procedural step where a judge will determine if a lawsuit can proceed as a class action law suit. The judge will not decide the merits of the case, but will decide if the claim has a valid cause of action, a defined class, common issues, a suitable representative, and is the preferred method for resolution. UPCOMING CERTIFICATION HEARING FEB 24-26, 2026 Outstanding claims against Fortress Real Developments and the Appraisers (for Progress Manors/Ten 88 & Harmony Village Lake Simcoe/the Kemp only) will be pursued in an upcoming class action certification hearing from Feb 24-26, 2026. To attend the hearing via zoom, please register here: When : Feb 24, 2026 10:00 AM Eastern Time (US and Canada) Topic: MCDOWELL v. FORTRESS REAL CAPITAL INC. et al | CV-16-00560268-00CP Register in advance for this webinar: https://ca01web.zoom.us/webinar/register/WN_rjWIh5YRQKa45NGD4QFKVA How can I get my money back? Many investors have asked us how they can get their money back. We have carefully looked at various avenues for recovery. Other Class Action Pursuits An investigation team comprised of a lawyer, researcher and a forensic accountant had worked diligently with the help of Rose Ray , to create a report that would be used to highlight potential law suits pertaining to Fortress. A potential Class action lawsuit against Lamb Development Corp was filed, however unfortunately the law firm Groia advised they were unable to pursue the lawsuit further. Archived communications regarding this endeavour can be found here . Another law firm, Kallochlian Myers LLP filed a Statement of Claim in 2020 against Olympia Trust Company for the registered funds investors. However, on June 19, 2023, the Court of Appeal for Ontario has dismissed the appeal of the order dismissing the motion for certification. A copy of the decision is available here . If you are an investor who has approached a law firm regarding a class action law suit against other Fortress related parties not mentioned on our website, please let us know. Q & A Current Proposed Class Action Law Suits & Settlements 1. Why wasn't my project / developer chosen for the class action law suit headed by Mitchell Wine and Sotos? This would likely be due to the fact that the lead plaintiffs invested in the particular projects listed above. 2. Why does it take so long to recover the funds for a class action law suit? We understand this is the question most victims ask. Unfortunately, recovering money through a class action lawsuit is not quick or simple. • Class actions take years to move through the courts. • Defendants often fight every step, which adds delays. • Even if successful, legal costs and fees are deducted before any money is shared. Class actions can hold wrongdoers accountable and sometimes lead to financial settlements, but they are a long, uncertain process with no guarantee of full recovery. 3. I didn't receive my class action law suit settlement payment. Who do I contact? Please contact the Claims Administrator - FAAN Mortgages . They can be reached at 1 (833) 495-3338 or by email at info@faanmortgageadmin.com.

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Exploring a Class Action Law Suit for Fortress Investors Investigative Team & Updates the research of Class Action Law Suits A great deal of research was undertaken with regards to class action law suits for the Fortress syn dicated mortgage investors. The Investigative Team was comprised of the following professionals: • Darryl Levitt (lawyer; Darryl Levitt Law ) • Dave Oswald (forensic accountant, Forensic Restitution ) • Bruce Livesey (private investigator; i20 Research Inc .) Rose Ray, a broker, worked tirelessly with this team in its effort to pursue a class action law suit that would benefit the victims. Here are the updates we were provided by Rose and the team. Although it is unfortunate that a class action law suit did not come to fruition, we thank Rose and the team for their incredible efforts and countless of hours in their work to try to bring justice to the syndicated mortgage victims. Updates from Rose Ray (2019-2022) Video dated Nov 29, 2019 An anonymous investor has contributed $50,000 to help fund this investigation to help bring the research to the next level. Our ask is for the Fortress investors to contribute $100 (or an amount they can afford) to help reimburse the investor's generous contribution. Click here to view video. Click here to read Darryl Levitt's letter to investors. Note: Contribution form has since been updated - see April 22, 2021 update. Video dated Feb 3, 2020. Click here to view video. Summary: Reminder to investors to save their documents pertaining to their investments in case the team requires the files. Promissory note holders to contact Rose as well as they will be addressed separately from SML investors; as well as investors who were "transferred" from one project to another knowingly or unknowingly. Promotional materials, recordings of events would be appreciated as well for the projects listed in the above paragraph. Video dated March 11, 2020. Click here to view video. Investigative work is ongoing. Rose requesting investors to write to FAAN (details in video.) (Note: This ask is no longer required) Video dated April l, 2020. Click here to view video. Summary: Key Parties identified; Fortress, Project owners/corporations/key personnel; Auditors, Trustees, Developers, Appraisers & evaluators, agents, brokers & law firms.1st two projects of interest to pursue initially: Sky City & Colliers. I nvestigative reports have been compiled; Investigative Team is in discussion with law firms and litigation funders. Video dated May 17, 2020. Click here to view video. Summary: Update from Rose on Funding. Approximately $14,000 has been contributed from investors to date. Videos dated April 12, 2021 Video regarding law firm Groia & Company. Click here to watch the video & here to read the statement of claim regarding BRAD J. LAMB REALTY INC., BRAD J. LAMB, and LAMB DEV. Please ensure you read the statement of claim to see whether your project is included. Video regarding lawyers Mitchell Wine & Margaret Waddell. Click here to watch the video. Please refer to this page for further information on the class action law suits & statements of claim regarding the following projects: The Orchard, Progress Manors (Ten 88); Sutton; Colliers; Harmony Simcoe. April 22, 2021 There has been a lot of excitement regarding the mew class action law suit announcements pertaining to the law suits led by Groia & Company law firm and the Mitchell Wine & Margaret Waddell team. The investigative team lead by Darryl Levitt has been working very diligently to help us. June 6, 2022 Update from Rose Ray regarding Brad Lamb Class Action Law Suit. "I wanted to bring everyone up to speed on the status of the class action we have been working on for the past 2yrs. As you know, a law firm by the name of Groia had filed a Statement of Claim about a year ago for a class action lawsuit against Brad Lamb. Unfortunately Groia was not able to continue with the law suit as they could not find funders to commit to funding the law suit. As soon as we were informed of this news, Corinne and I communicated with another law firm in the hopes they would take on the law suit. Unfortunately after carefully reviewing the files and information, they declined as well. At this point, neither can pursue this lawsuit. ALL lawyers agree that fraud has taken place, no one disputes that. The issue is Legally do they have enough evidence that proves Brad Lamb KNEW that investors were mislead and what is his direct liability, unfortunately the opinion is that we don’t have enough evidence. Even though we have provided hundreds of documents, videos etc.. there is not enough certainty that our case will win. This means the risk and the cost are just too high for a funder and for a law firm to take on. Remember if a law firm loses, they have to pay all the costs of the other law firm, and we are talking about millions of dollars for this type of case. This is not the news we wanted to deliver to you. We have invested countless hours pursuing a way to get funds back to investors. However, we have exhausted all avenues for a class action lawsuit. Thank you to all that were willing to assist by providing files etc. The investor who provided the initial funds for all the work that was done, is still out an additional $18,100. To all those who contributed to reimbursing – THANK YOU. It is unfortunate that more investors did not contribute, since this investor took a huge risk to try and find justice for all of us, it would be a nominal amount if all contributed. The news we have received is an additional blow for sure to this investor. If any of you have not contributed , and would be willing to help alleviate the financial burden for this investor, you may send an e-transfer to info@vosmi.ca . Any amount would be appreciated. ($20-$100). Other payment arrangements are accepted such as a cheque or PayPal ."

These are basic questions & answers for investors and the public regarding the VOSMI. FAQ What is VOSMI? Victims of Syndicated Mortgage Investments. What are Syndicated Mortgages? A Syndicated Mortgage is a group of individuals who lend money privately to a borrower to finance real estate developments, such as residential condo buildings. I am an investor of Fortress Real Development SMIs. What can I do? Join our group so that you can stay updated on projects group discussions. You will be required to fill out a questionnaire prior to your admission to the group. Once we have confirmed that you are an investor, you will be able to sign into the member portal. Can I join your group if I did not invest with Fortress RDI? Our group is dedicated to individuals who invested in Fortress Real Development Investments. You can follow us on twitter & keep checking our main website for new updates & VOSMI stories.

May 13, 2020 Update Please watch the video below from Rose Ray. To date we have received a total of $14,000 in contributions to help fund the investigation of our potential class action law suit. Those funds will be advanced by the admins of VOSMI to the investor who fronted the $50,000. If you have not yet contributed $100 towards this endeavor, please complete this form . You may pay via credit card or an transfer . Instructions included in the link provided .

Fortress Promo Material The following are examples of the promotional material used by Fortress in promoting syndicated mortgage investments. Collier Termsheet Termsheet for the Collier project which was presented to the Syndicate Mortgage investors. Notice the terminology: "Face amount of your investment is fully Registered & Secured via a charge against the property." Sky City Ternsheet Similar features are repeated in this term sheet which was provided to the investors. Note that the theme of these promo materials are the same across all of Fortress projects. "Face amount of your investment is fully Registered & Secured via a charge against the property." This project began as a parking lot, and ended as a parking lot. Where did all the investors money go? Services This is your Services section. This is a great place to give more information about the services you provide. You can write a general description of what your business offers then add more details below. This section can be adapted for your website. You may choose to highlight other things like courses or programs, or to share special features about your business that you want to promote. Double click on the text box to edit the text and make it your own. Custom Project Personal Solution Planning Expert Guidance Package