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Mitchell Wine & Margaret Waddell legal team About the legal team Click here to read Mitchell Wine's bio. Click here to read Margaret Waddell's bio. Class Action Law Suit The actions relate to the SMLs registered on five different Fortress real estate developments: Collier Centre – Barrie, ON (only with respect to the original loan) Progress Manors Ten88 – Toronto, ON Sutton/The Link – Burlington, ON Harmony Village Lake Simcoe/The Kemp – Barrie, ON Orchard Calgary – Calgary, AB Partial settlements were reached and approved by Justice Perrell on January 13, 2023. Further details, including the statements of claim, and contact information are available on the Sotos Class Action website -(enter "Fortress" in the search bar) Settlement and payouts are carried out by FAAN Mortgage Administrators, Further details on payouts can be found on FAAN's website .

Fortress in the News 2025 Developers found guilty of defrauding investors out of retirement savings in Barrie, Winnipeg May 28, 2025- CBC Fortress Real Developments co-founders found guilty of fraud May 28-Globe & Mail Syndicated mortgage firm co-founders found guilty of massive fraud May 30-2025 CMP 2022 Fortress Real Developments founders charged with fraud in connection with syndicated mortgage probe June 22, 2022 - Financial Post Fortress Founders Charged with Fraud June 22, 2022- Toronto Star Fortress founders charged in mortgage investments scheme June 22, 2022 - Orillia Matters Ottawa senior says he lost life savings investing with company now facing fraud charges July 6, 2022 - CTV News 2021 Former executive of troubled developer Fortress involved in new real estate company September 13, 2021 2020 FSRA Imposes administrative Penalty of $250,000 on Fortress Real Development Inc. September 19, 2020 Planned web series to shine light on alleged Fortress Real scam December 29, 2020- Canadian Real Estate Magazine 2019 Victims cry foul over Fortress Real rewards June 13, 2019 Mortgage Broker News No retirement for 73 year old investor June 11, 2019 Mortgage Broker News 'I still feel ashamed'; investors' life savings held in limbo Jan. 11, 2019 Barrie Today 2018 Lenders to seize 13 real estate projects Oct 25, 2018 Globe and Mail RCMP raid 6 locations in GTA as part of syndicated mortgage fraud Apr. 13, 2018 CBC.ca Canadian police search Fortress office in mortgage fraud probe: sources Apr. 3, 2018 Reuters Trustee to take over Fortress broker in wake of RCMP raid Apr. 20, 2018 The Globe and Mail Fortress investors could face 'significant losses' Jun. 24, 2018 The Globe and Mail Allegations of inflated property values at centre of RCMP syndicated mortgage fraud investigation Jul. 19, 2018 CBC.ca Fortress misled investors about land valuation, RCMP alleges Oct. 21, 2018 The Globe and Mail RCMP allege obstruction in Fortress fraud investigation Oct. 23, 2018 CBC.ca Inside the fall of Fortress Dec. 14, 2018 The Globe and Mail 2017 How a real estate developer's efforts to silence a critic failed Jan. 19, 2017 MacLean's 2016 The high-risk world of syndicated mortgages Apr 29, 2016 The Star Just how safe is the ‘safe’ world of syndicated mortgages? April 4, 2016, MacLean's

The Developers who partnered with Fortress Over 25 real estate developers partnered with Fortress Developments. Lamb Development Corp partnered with Fortress on 14 real estate projects. Lamb failed to repay over $47 Million to the Syndicate Mortgage investors. Developer Pie Chart

Trial Summary These are not official court transcripts. They are observations and summaries of the prosecution & defence questioning and witness testimony. Opening Statements Prosecution Opening Remarks The Prosecution alleges that: Rathore and Petrozza deceived the public by misrepresenting the true land value of the projects in which they were investing  They obtained opinions of value and represented them as actual appraisals to brokers and investors, even though the property value was substantially less than the stated opinion of value Rathore and Petrozza kept a large portion of the investors’ money for themselves, and this was not disclosed to investors Defence Opening Remarks Advance payments to Fortress were disclosed to the public Opinions of value were provided to investors Rathore & Petrozza did not act alone, they had office staff assisting them Fortress retained law firms ( Norton Rose; Gowlings) for tax opinions Fortress used a reputable custodian Olympia Trust, to hold the investors’ funds Many development projects were successful A failed project is not an indicator of fraud Clients are plead not guilty of fraud and secret commissions and the defence seeks acquittal of all charges. Week 1 (Oct 28 -Nov 2024) Witness #1 Investor #1 Prosecution Questioning The first witness was a retired female who put $50,000 in cash in the Collier project with her husband, and $70,000 registered funds into Harmony Village Sheppard. She previously worked in IT and part-time as a real estate agent. She attended a Fortress presentation in Barrie where both Rathore and Petrozza spoke. Materials presented described the investments as: low risk 8% interest loan to value (LTV) 2-year term principal secured by land a statement reading: "The investors get their money back before developers get theirs ". She received interest payments for Collier until January 2015, after which she was notified the project entered receivership. She stopped receiving interest and did not receive her principal back. Harmony Village went into receivership and the investors received 70% repayment once the land was sold. The Prosecution showed the witness an email exchange regarding an Opinion of Value. The email was from Cushman & Wakefield, where they were advising Fortress that it was understood by both parties that the evaluation they were proving for the Collier project was not a formal value. The witness commented that at the presentation she attended, the figure that was provided was referred to as an "appraisal", not Opinion of Value. The Prosecution went through the SML loan documentation and the witness admitted she did not pay attention to details. The prosecution also pointed out a page in the documentation that referred to an “appraisal” of the property, and in another paragraph referring to the “as is” value at $21 million. (Note that "as is" value of a property should be the actual value of the property or of the land- it is not a "built out" value. ) The Prosecution asked if she understood what this meant, to which she replied “just the land”. She also believed the LTV was 85%. They then went through an appraisal report dated June 2012. This is a month or so prior to Cushman Wakefield Opinion of Value. The land value was a mere $7.5 million. The witness was unaware this appraisal existed. The Prosecution went through the Fee Disclosure overview, a document that listed how the money (SML) was being used. legal fee (paid by borrower), mortgage brokerage fee (Centro/BDMC). It listed lawyers, Centro, and brokers. Fortress was not listed. Defence Questioning The Defence emphasized the witness did not read the documents carefully. Now keep in mind, all the presentations and flyers she has seen about Fortress SMLs promoted the SML investment as being low risk, name on title, 8% annual interest etc. The defence asked if her understanding was that the SML was safe? The witness said yes, based on the appraisal value she was given. The defence asked if it was the broker who made her feel at ease? The witness said yes, but it was because of appraisal value making the investment feel safe. The Defence reviewed the FSCO (financial regulator’s form.) The form stated that “brokers, agents or related parties may receive a percentage of profits and may be paid in advance of project completion.” The Defence asked “you don’t recall asking how much Fortress would get paid? ” She replied no. Witness # 2 Principal Broker FDS Prosecution Questioning The FDS Principal Broker testified he oversaw compliance at FDS, broker, training, and documentation review. As Fortress COO, Petrozza provided the brokerages (FDS, FMP, FFM) with the SML documents and compliance videos; Rathore handled the project/development aspects. A Sky City webinar was played where Rathore discussed project highlight, and Petrozza discussed SML terms, and reviewed the project fact sheet which included LTV of 85% and 8% interest. He stated the $18 million evaluation was provided by Global Legacy, and a face value up to $35 million. He mentioned risks ( non-liquid investment, locked in funds). He added that the investment is "secured against the land". He advised brokers met to "scare investors" but to explain disclosures and risks. An August 2013 email revealed a Sky City appraisal of $5.9 million that was not shared with investors and brokers. The witness said if he had known this, it would have been a huge red flag and would have made the investment RRSP non-eligible. The Prosecution went back to the appraisal emails, where the author states the residual value would be $11 million ( based on hypothetical conditions and extraordinary assumptions) to which Petrozza’s email reply to the other Fortress staff is that the appraisal is a "joke of an appraisal", and to "focus on the end goal" Defence Questioning The witness also discussed a regulatory correspondence (FSCO) between the witness, Rathore, Petrozza, Ildina Galati (former principal broker of Centro/BDMC), and other staff. FSCO was seeking to clarify how Fortress and the brokerages were being paid, and the witness suggested to the group that he make a presentation to FSCO. Petrozza responded that the witness should not volunteer to do a presentation. The witness responded to Petrozza that he wanted the regulator to understand what they are doing and that it was" crystal clear". The witness stated to the prosecution that it was the role of Centro/BDMC to obtain and verify the appraisals. (Note that Petrozza was a licensed broker for Centro; while also being COO of Fortress). The appraisals and evaluations were then provided by Centro to the brokerages. The witness was also asked whether he was aware how Rathore & Petrozza were getting paid - the witness responded that he understood they were paid a portion of profits, upon project completion. He said that if Rathore and Petrozza were taking a percentage of the SML funds and paying themselves, it should have been disclosed to investors. The witness advised that all templates and documentation they received describing the KTV, SML advantages, project fact sheets, evaluations, was provided to them by Centro (BDMC) and Fortress. Witness # 3 Investor #2 Prosecution Questioning Another female investor testified she invested $80,000 in Collier and other Fortress projects with her retirement savings. She felt assured that the SML investments were safe and fully secured against the land, based on the information presented to her by Fortress, Centro, and the broker. The Defence highlighted fine print indicating Fortress would be paid before completion and with profits. She acknowledged signing but said this was not made clear to her. The defence stressed that brokers had a duty to explain risks. Witness # 4 FDS President An FDS employee testified that he understood Fortress received 50/50 commission with the developers. When asked what cars Rathore and Petrozza drive, he recalled several luxury vehicles ( Aston Martin, a Ferrari California, a Porsche Panerama, and a Porsche GT3.). Note that the Defence objected, however the judge allowed the question. The Prosecution showed the witness an appraisal. This was the first time he saw it, and confirmed investors were not given it. The evaluation provided to investors was overstated ( $21m vs. actual $7.5m) The defence maintained Fortress SMLs were high risk investments, commissions and risks fully disclosed and signed by investors; all investors were given independent legal advice. Witness # 5 Cushman & Wakefield SVP-Opinion of Value A senior VP at Cushman & Wakefield testified the Opinion of Value provided to Fortress in 2012 was for internal use only, not intended to be an appraisal or shared with the public. He was approached in 2012 by Petrozza, who is his cousin, for an Opinion of Value for the Collier project. Once he leaned it was used publicly, and in brochures, he cut ties with Fortress. The Defence asked the witness if his letter to Fortress indicated that it was to be used for internal purposes only, and the witness replied that the investors, as he understood, were the purchasers of the land. He maintained that he did not intend for the Opinion of Value to be shared with the general public. Week 2 (Nov 4- 5, 2024 Witness # 6 Investor #3 A woman who invested in Sky City and several other projects testified Fortress presentations and documentation led her to believe the SML investments were low risk. The investor met both Rathore and Petrozza. Initially, a couple of the projects paid off. She referred other people to invest as well, however they no longer speak to her. The defence focussed again on signed disclosures, which she stated she did not clearly understand, even calling herself "stupid for failing to comprehend them. Witness # 7 Global Legacy Managing Partner -Opinions of Value A managing partner of Global Legacy testified he is not accredited to provide appraisals, however he does have an MBA. He did not know that "mom & pop” investors would receive his opinions of value. The opinions of value were all based on the information that Fortress supplied to Global Legacy. He expected his opinions of value would be used internally, not shared with the investors. The Defence went into a lengthy presentation that focused on how the Opinion of Value increased over the years and was looking to justify how their Opinions of Value increased. The defence ignored addressing appraisals. Witness # 8 Investor #4 A male investor with $900,000 across 8 projects testified he attended presentations, spoke with the principals over the phone, believed his name would be on title and his investment was secure. Specifically, the security of the investment was the loan to value ratio, and that he would be on the deed of the property. He did not feel his SML investments were risky. He understood that the Opinion of Value and appraisal meant the same thing, and thought his money was being used for the purchase of the land and soft costs as per Petrozza and Rathore. During cross-examination the defence went through documents that he signed. The witness made it clear that he never had documents to review before signing. He understood that Fortress oversaw all facets of every project with the developers. The defence again focused on the risks of investing in syndicated mortgages. The witness explained he attended the defendant’s office a few times and talked to Rathore about any potential risks; he was made to feel that Colliers was a safe investment. Witness # 9 Investor #5 A Mandarin-speaking investor and his wife invested in the Collier project. He first saw an ad in a Chinese newspaper, and later attended a presentation at a Cineplex theatre with 100-200 people in attendance. Rathore and Petrozza were both there, and Rathore spoke to the audience about the success of other projects. The witness thought his money was being used for the project.The witness recalled having a lawyer explain the documents via video, but he and his wife felt the lawyer who spoke to them did not represent them because they didn’t pay a fee for his advice. They were mainly focused on the interest rate on his investment and that their name would be on the land title. He admitted he and his wife went through the documents very quickly with little to no time for review. They felt the risk was very low based on what was presented in the theatre regarding successful Fortress projects. They did not see the risk document and their broker did not explain it. The term “risk” never came up. It was never explained by anyone and their 3rd ranking mortgage was not understood. Upon signing the documents, the witness was never told how much Fortress would get paid. Week 3 (Nov 12-14, 2024) Witness #10 FSCO Employee A former Sr Compliance Officer with FSRA. (formerly FSCO) testified his review of Centro's compliance in 2013 did not extend to investor files. He reviewed only hour institutional lender files-no mom and pop SML investor files. He explained that his examination was to ensure Centro was in compliance with the MBLA. His scope was to review the brokerage policies & procedures, not to audit the brokerage. During this examination he met with the principal broker, Ildina Galati. (who is now deceased). The Prosecutor also went over a letter dated April 2013. This letter provided a summary of findings. Galati responded in the letter that Centro/Fortress will establish separate brokerages. (these brokerages became FMP, FFM & FDS). The Defence went over the role of the FSRA employee, and how the brokerage's role was to take reasonable steps to disclose material risks; and to give each lender the proper lender forms in a language that can be understood by the lender. The Defence stated that certain requirements and provisions only came into effect much later after his Centro review. The Defence also clarified that the witness's examination of Centro was not as a result of a complaint, it was a regular compliance review. The witness stated that the existence of policies and procedures was the main purpose of the exam. Witness #11 Former Fortress Employee-EVP Strategy & Development A former Fortress EVP testified his role was to bring in developer clients, underwrite projects, and secure financial institution backing. He said FI's do not rely on opinions of value and was unaware of how much Rathore and Petrozza were paid from SML proceeds. He confirmed the Sky City land was a parking lot in 2013 when he joined Fortress, and remained a parking lot when he left Fortress in 2017. Emails showed internal pressure to obtain higher appraisals to meet investor expectations. The Prosecutor then went over an email trail between the witness, another Fortress employee and Vince Petrozza with regards to appraisals and construction financing. The appraisal provided by one company is listed as $5.9 million. They discuss how they should look at residual value. In another email Petrozza responds to the other Fortress employee, and removes the witness from the email trail and says"Get me an appraisal of $9.5 Million or better!" Upon cross-examination, the Defence went over an offering memorandum. (Note that an offering memorandum is provided to accredited investors in the exempt market.) The Defence went over this document with the witness, and read the risks that were cited. The witness clarified that this was a security offering and that he was not involved in that side of the business. They went over the different types of exits for projects. 1. Completion- project is built, units complete, proceed to pay back SMIs. 2. Refinance 3. Sale- entire project is sold and cash is paid to SMIs. The Defence asked if the witness was involved in the execution or steps made to pay the SMIs? Who was responsible? The witness responded that he believed it was a combination of Fortress, BDMC, and the Fortress affiliated brokers. Witness # 12 Mady Development Executive Mady was the developer who partnered with Fortress for the Collier project in 2012. Mady sought bankruptcy protection in January 2015. Fortress then took the project over from Mady in 2015. The witness was asked whether they were made aware of the commission that Fortress was taking from the investors' principal and the witness confirmed they were aware. Even though they did not receive the full principal they felt the project would still succeed with the condo sales. Week 4 - Jan 27, 2025 Witness # 12 RCMP Forensic Accountant An RCMP forensic accountant described detailed financial analysis of Fortress (eg Sky City, Collier) tracing investor funds, fee distributions, and who benefited financially. The Defence asked the witness if he knew that the offering memorandum was provided to investors? The witness replied he did not. (note that the OMs were only provided to accredited investors, not to the mom & pop investors).

" Independent Legal Advice" Most of our members received "Indpendent Legal Advice" prior to investing the Fortress Syndicated Mortgages. We conducted a survey from 154 investors. These are the survey results. ILA Member Survey Results.pdf

Did you Know? What's an LTV and why does it matter? The loan-to-value (LTV) ratio shows how much money is being borrowed compared to the actual value of the land. The land is supposed to be the safety net for investors: if a project fails, the land can be sold and the loan repaid. A lower LTV means more protection, because the land is worth more than the loan. Typically, lenders will not lend more than about 85% of the land’s value. If the land is overvalued, investors are exposed to much greater risk. In the case of Fortress Real Developments, the land values were inflated, and investors were misled into thinking their money was secure, when it wasn't. For example, in the Collier Centre Project (Barrie, ON) investors lent $16.9 million to the project. They were told the land was worth $21.9 million, which suggested an LTV of about 77% -appearing safe. But in reality, an appraisal showed the land was worth only $7 million. The $21.9 Million figure was a future based evaluation. That meant the true LTV was over 200%. This was far riskier than investors had been led to believe.When the project collapsed, the land sale could not cover the debt. Since investors were also ranked fifth in repayment priority, there was no money left to pay them back . Another supposed advantage to investing in Fortress SMLs was the 8% interest rate. This rate 8% was far more attractive than GIC's, or bonds. What you weren't told, was about returns provided in the mortgage market. Under MBLAA, the following comparative information was required by law to be disclosed to you by FSCO licensed parties. Did you know that the private lenders who lend on first mortgages on commercial properties only lend 65% of their as-is appraised value at 9-12%. Land loans on farmland are done by few private lenders and they loan 50% of their as-is appraised value. Private lenders will provide first mortgages on houses up to 80% at 8% return, and on second mortgages lend up to 85% of as-is appraised value at 10-15% for a one year term. Compare these loan to values and returns, to your 8% return at well over 100% of as-is appraised value. Fortress did not provide as-is values. They provided opinions of value, which are not appraisals. Fortress opinions of value were based on future value. You were equity investors in these projects, which means that you should have received an ownership interest in the project and/or share of profits, as you were unknowingly were taking a lot of risk. Even as an equity investor you would not invest if your investment was much more than 100% of as-is appraised value. Fortress stated in their marketing and legal documentation that their LTVs were based on "as is" values- where in reality the LTVs were based on future values. This misrepresentation was detrimental to your investment, because if something went wrong with the project, there would not be enough assets to repay the investments as the loan was much higher than the value of the land. There are a few lenders who provide soft cost loans to developers by way of a first mortgage at 20-30%, plus fees, and these lenders do not postpone to construction financing. Meaning, if they lend money towards a project, they only do so on the condition that their position in rank cannot be moved or postponed. If they lend as 2nd mortgage, they stay at 2nd without any sneaky clauses that postpone them to 3rd. Do you think that this is a good comparison to the Fortress mortgages you invested in? Your return was 8%. Remember how you were promised 2nd mortgage, but you were moved like a hot potato to 3rd, 4th or even 5th mortgage? A private lender would never, ever, sign-off on such an agreement. The reason the lenders charge these rates and fees is because they know that they can lose money if the land is not rezoned and even if it is, that the developer does not get the necessary presales, that they will lose money. All the benefits went to Fortress. They collected a 35% fee and 50% of the profits. The investors took all of the risk and only were to be paid 8%. This structure was completely unfair to investors. Now you understand why the RCMP obtained its search warrant. Fraud, section 380 of the Criminal Code, includes misrepresenting the value and placing the victim at risk of economic harm.

How to contact us, whether you have a general inquiry, or whether you are an investor. INVESTOR / GENERAL INQUIRIES Please complete your information below and we will get back to you. If you have any project specific questions, please contact FAAN Mortgages . Thank you. Thank you. We will get back to you shortly. Send

September 13, 2019 We held our first protest on September 13, 2019. The participants included Fortress investors, as well as Tier 1 investors, seeing as investors from both groups were failed by the regulators of Ontario. 80-100 protestors attended! But we won't stop there. Our next process is scheduled for October 4th, 2019 at Queen's Park. Read Nick Boisvert's CBC article here .

VOSMI is a group of investors of Syndicate Mortgages through Fortress Real Developments Inc. We are sharing our stories, and joining together so that our voices can be heard. About VOSMI is a non-profit organization formed by victims of the largest mortgage investment fraud in Canada's history. We are the individuals directly impacted by the Fortress Real Developments Inc syndicated mortgage fraud, coming together to share resources, raise awareness, and support one another. Are you a victim? You are not alone. Our group was first formed on Facebook in 2018 by a victim of the Fortress fraud who felt she had to connect with other Fortress investors. Slowly, the group grew to over 800 members, with hundreds of additional subscribers on our website. We hope this website provides victims and their families with some resources, information, and support. Are YOU a VOSMI? You're not alone. We were promised: 8% fixed interest with with principal secured Investment's backed by the security of the physical property much like a bank with a regular mortgage Loan to Value Ratios were not more than 80% Repayment of principal at end of mortgage term RRSP, TFSA, LIRA eligible Safe & Low Risk Investment What we discovered: The Investment was indeed high risk The Current "as is" value was Grossly inflated The Loan to Value Ratio exceeded 100% up to over 300%. Read more here about the importance of LTV. Failed projects (eg. Collier, Harmony,) resulted in no funds remaining to repay the syndicate investors (ie VOSMIS) The independent legal advice was paid for by Fortress RDI Undisclosed commission fees of 35%, were deducted from investor's principal 8% fees were deducted from the investor's principal Questions about your particular project and investment with Fortress? Please contact FAAN Mortgage Administrators . They were appointed by the courts as trustee over all of the Fortress projects. Linda "I was ashamed that I was duped into doing this investment - I thought that I was smarter than that. This just proves how we were conned." Andrew “The way it was sold to me – and I think everybody – is... you’d be a fool to not want to invest; it was so lucrative. This was a no-brainer. You were investing on real properties and developments. Back then, there was a big condo boom, especially in the Greater Toronto Area (GTA)” you are not alone Thousands were affected. Together, we stand stronger you are not to blame The responsibility lies with those who orchestrated the fraud. Justice takes time The legal process can seem slow and frustrating, but every step brings the truth forward. your feelings are valid Anger, grief and frustration are natural. Healing takes time. Your feelings are valid. You are not alone. We created a word cloud with our investors emotions and reactions as they navigate through this emotional and financial journey. Do these emotions and thoughts resonate with you? Helpful Resources Join our private VOSMI group on Facebook. Sign up for our Newsletter! Helpful victim resources from these sites: CRVC (Canadian Resource for Victims of Crime ) Navigating the Justice System Helping Victims of Fraud Recover The Serious Fraud Office Ontario-Victim Resources “There’s this unfair sense from others who hear these stories that these people should’ve known better, and that’s unfortunate because every one of us in this day and age is susceptible.” Vanessa Iafolla, Anti-Fraud Intelligence Consultant. ‘The forgotten impact’: Helping victims of financial fraud deal with emotional distress CTV News Sep 6, 2025- Pat Tenney

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October 4, 2019 Protest-Legislative Assembly, Toronto Protest at the Legislative Assembly of Ontario, Queen's Park, Toronto. The protest took place to highlight the following: Increase Public awareness of the Ontario Regulators’ Failure to Protect the public with respect to Syndicated Mortgage Investments (which impacted Investors across Canada) Warn the Public they too shall become Victims of Fraud unless the Regulators radically change their processes, investigations & penalties by being proactive in intercepting perpetrators vs reactive & complaint based. Demand increased Funding for the Police to investigate White Collar Crime. Increase Public’s awareness of VOSMI, encourage investors to come forward & join our group Highlight that the Liberals, Progressive Conservatives, & the NDP have done nothing to show support or advocacy for 16,000 victims of Fraud. (14,000 Fortress Victims & 1600 Tier 1 Victims) Huge thanks to Roy Long from the Green Party, who took the time to speak to the investors about his concerns over white collar crime, specifically on seniors. Over 80 members attended the Queen's Park protest! Since Andrew Scheer was in the vicinity, we marched over to his bus, hopping to voice our concerns. We waited over 2 hours meet him- however he snuck through the back door.