Securities Law & Instruments


Clause 213(3)(b) of the Loan and Trust Corporations Act -- application by manager, with prior track record acting as trustee, for approval to act as trustee of pooled funds and future pooled funds to be managed by the applicant and offered pursuant to a prospectus exemption.

Statutes Cited

Loan and Trust Corporations Act, R.S.O. 1990, c. L.25, as am., s. 213(3)(b).

October 11, 2013

Blake, Cassels & Graydon LLP
199 Bay Street, Suite 4000
Commerce Court West
Toronto, Ontario
M5L 1A9

Attention: Michael W. Sharp

Dear Sirs/Mesdames:


BKC Capital Inc. (the "Applicant")



Application under Clause 213(3)(b) of the Loan and Trust Corporations Act (Ontario) (the "LTCA") for Approval of Appointment as Trustee



Application No. 2013/0409

Further to your application dated June 28, 2013 (the "Application") filed on behalf of the Applicant, and based on the facts set out in the Application and the representation by the Applicant that the assets of the Bentall Kennedy Canadian Real Estate Plus Pooled Fund (the "Fund") and any other future mutual fund trusts that the Applicant may establish and manage from time to time, will be held in the custody of a trust company incorporated and licensed or registered under the laws of Canada or a jurisdiction, or a bank listed in Schedule I, II or III of the Bank Act (Canada), or an affiliate of such bank or trust company, the Ontario Securities Commission (the "Commission") makes the following order:

Pursuant to the authority conferred on the Commission in clause 213(3)(b) of the Loan and Trust Corporations Act (Ontario), the Commission approves the proposal that the Applicant act as trustee of the Fund and any future mutual fund trusts which may be established and managed by the Applicant from time to time, the securities of which will be offered pursuant to an exemption from the prospectus requirement.

Yours truly,

"Edward P. Kerwin"
"S.B. Kavanagh"