In the case of 2495056 Ontario Inc. v. CIC Management Services Inc., dated July 4, 2023, applicant, 2495056 Ontario Inc (“Vandyk”) sought a declaration that CIC was not entitled to any Bonus Density payments, and that Bonus Density had not been achieved for the property. Additionally, Vandyk requested an order requiring the discharge of defendant, CIC's Security Mortgage. On the other hand, defendant CIC sought a declaration that it was entitled to Bonus Density payments under the APS, asserting that Bonus Density had been achieved due to the Minister's Zoning Order (MZO) issued on April 8, 2022. CIC argued that the entire density approved in the MZO must be imputed to 39 Newcastle. As a result, CIC demanded payment of over $18 million from Vandyk. The court concluded that CIC was not currently entitled to any Bonus Density payments under the APS, as the Density for 39 Newcastle had not been determined. However, this declaration did not prevent CIC from seeking payments under the Bonus Density or Vandyk from seeking a set off under the Density Overpayment provisions of the APS once the Density for 39 Newcastle was achieved in accordance with the APS. The parties were further given the opportunity to deliver written submissions regarding costs if they were unable to resolve the matter.