On October 17, 2012, the Court appointed B. Riley Farber Inc. (“B. Riley Farber“) Receiver of:
- Dondeb Inc.
- Ace Self Storage and Business Centre Inc.
- 1182689 Ontario Inc.
- King City Holdings Inc.
- 1267818 Ontario Ltd.
- 1281515 Ontario Inc.
- 1711060 Ontario Ltd.
- 2009031 Ontario Inc.
- 2198392 Ontario Ltd.
- 2338067 Ontario Inc.
- Briarbrook Apartments Inc.
- Guelph Financial Corporation
collectively referred to as the “Dondeb Companies“. Dondeb Inc. was primarily in the business of acquiring or developing properties for rent or sale. The Dondeb properties and operations are located throughout Southern Ontario.
The global receivership encompasses the 12 legal entities listed above which owned 24 known real properties (collectively the “Properties” and each a “Property”). The Properties included: four retirement homes and/or independent living homes; two multiple unit apartment buildings; two private schools; five commercial properties; one residential condo unit; one golf course; and nine properties under development comprising vacant land. The list of properties is set out further below.
Status Updates
Final Motion and Final Receiver’s Reporting – January 20, 2016
On January 20, 2016, the relief set out below was requested and granted in the form of a Vesting Order for sale of the property (vacant land owned by King City Holdings Ltd. and 1711060 Ontario Inc.) and a Court Order dated January 20, 2016, approving all other relief set out therein.
The motion was for a Vesting Order which:
- Approved the sale transaction (the “Transaction“) contemplated by an agreement of purchase and sale between the Receiver, as vendor, and Michael Cortellucci, as purchaser (the “Purchaser“) made as of July 16, 2015, as amended (the “Sale Agreement“);
- Vested in the Purchaser all of the right, title and interest of King City Holdings Ltd. and 1711060 Ontario Inc., if any, in and to the Purcased Assets (being the Real Property as defined in the Sale Agreement), free and clear of encumbrances other than Permitted Encumbrances (as defined in the Sale Agreement);
- Sealed and treated as confidential Confidential Appendix 1 to the seventeenth Report to the Court of the Receiver dated January 12, 2016, (the “Seventeenth Report“) until closing of the Transaction or further order of the Court; and
- Provided that the relief set out in the order be subject to provisional execution.
The motion was also for a Discharge Order which provided:
- Approval of the Seventeenth Report and the activities of the Receiver set out therein;
- Approval of the updated General Restructuring and Administrative Expenses (“GARE“) allocation as set out in Appendix “E” to the Seventeenth Report (the “Updated GARE Allocation“);
- Approval of the additional distributions as set out in Appendix “F” to the Seventeenth Report (the “Additional Distributions“) and authorizing the Receiver to make the Additional Distributions;
- Authorization for the Receiver, to the extent that additional funds are received or expenses are incurred from time to time, to, without further Court Order, further update the GARE allocation using the same methodology embodied in the Updated GARE Allocation, and make any further distributions that result from using the same methodology employed in arriving at the Additional Distributions;
- Approval of the fees and disbursements of B. Riley Farber as Receiver as set out in the Affidavit of Hylton Levy sworn January 11, 2016;
- Approval of the fees and disbursements of Dentons Canada LLP, as counsel to the Receiver as set out in the affidavit of Neil Rabinovitch sworn January 8, 2016;
- Approval of the fees and disbursements of Cassels Brock & Blackwell LLP, as counsel to the Receiver as set out in the Affidavit of Jane Dietrich sworn January 11, 2016;
- Dismisall of the following proceedings (the “NOI Proceedings“), each being a notice of intention to make a proposal pursuant to the BIA: Dondeb Inc. 31-1664344, Ace Self Storage & Business Centre 31-1664774, 1711060 Ontario Ltd. 31-1664775, 2338067 Ontario Ltd. 31-1664772, King City Holdings Ltd. 31-1671212, 1182689 Ontario Inc. 31-1671611 and 2198392 Ontario Inc. 31-1673260 and ordering the Office of the Superintendent of Bankruptcy to close the estates for each NOI Proceeding; and
- Following the making of the payments described above and completion of the other activities as described in the Seventeenth Report, termination of the Receivership proceedings, discharging B. Riley Farber as Receiver of the undertaking, property and assets of the Debtors and releasing B. Riley Farber from any and all liability it may have incurred as Receiver, other than that arising from gross negligence or wilful misconduct, as set out in the Order.
A copy of the Motion Record dated January 20, 2016, the Receiver’s Seventeenth Report and the Vesting and Discharge Orders dated January 20, 2016, are posted below.
On March 23, 2017, the Receiver filed its Discharge Certificate with the Court confirming that it has completed all activities set out in paragraph 8 of the Discharge Order. A copy of the Discharge Certificate is posted below.
The Receiver took control of the properties and underlying businesses upon its appointment. Operations have continued in the normal course; while the properties have been marketed for sale pursuant to the appointment Order dated October 17, 2012.
By Court Order dated October 26, 2012, the Court, among other matters, authorized Receiver Borrowings, with the consent of the mortgagees, by way of a revolving credit up to $500,000, secured by the Properties, with the foregoing limit excluding borrowings for the completion of the Barrie Business Centre. The Receiver was also granted authority, without the consent of The Empire Life Insurance Company (“Empire Life”), to borrow by way of revolving credit of up to $60,000 for the purpose of funding interim expenditures in respect of the real property located at 301 Byron Street South, Whitby, Ontario and the Hatch House Montessori School operated thereon. Collectively, such borrowings were to be secured by way of a fixed and specific charge (“Receiver’s Borrowing Charge”) as security for payment of monies, in priority to all security interest, trust and lien claims including but not limited to deemed trust claims under subsection 227(4) of (4.1) of the Income Tax Act, subsection 23(3) of (4) of the Canada Pension Plan and subsection 86(2) of (2.1) of the Employment Insurance Act, but subordinate in priority to the Receiver’s Charge and the charges as set out in sections 14.06(7), 81.4(4) and 81.6(2) of the BIA.
On January 8, 2013, the Receiver filed its Second Report to Court (the “Original Second Report”) seeking, among other things, approval of four agreements of purchase and sale for the: (i) Devonshire Place property (“Devonshire Place”) – 15390 Yonge St., Unit 308, Aurora, Ontario (the “Devonshire Place APS”); (ii) Tim Horton’s/Wendy’s property (the “Tim Horton’s Property”) – 525-545 Memorial Ave., Orillia, Ontario (the “Tim Horton’s APS”); (iii) Dorset Place property (the “Dorset Place Property”) – 90 Gurnett St., Aurora, Ontario (the “Dorset Place APS); and (iv) Preston Springs Gardens property (the “Preston Springs Property”) – 102-110 Fountain St., Cambridge, Ontario (the “Preston Springs APS”).
On January 11, 2013, the Receiver filed a supplement to its Second Report (the “First Supplement”) addressing minor amendments to the Tim Horton’s APS and the Preston Springs APS.
On January 14, 2013, (i) without objection from any party, the Court granted the approval and vesting order approving the Devonshire Place APS; and (ii) Dondeb Inc. advised the Court that they were in the process of retaining new counsel and requested an adjournment of one week for the remaining relief; Justice Morawetz granted an adjournment until January 15, 2013, for the approval of the remaining agreements of purchase and sale.
On the morning of January 15, 2013, Dondeb Inc., having retained new counsel, filed a responding Affidavit and in reply, the Receiver filed a second supplement to the Second Report (the “Second Supplement” and together with the Original Second Report and the First Supplement, the “Second Report”).
After hearing submissions on January 15, 2013, Justice Morawetz delivered his endorsement orally (the “January 15 Endorsement”), inter alia (i) approving the Tim Horton’s APS, the Dorset Place APS and the Preston Springs APS; and (ii) adjourning the requested approval of the Receiver’s activities as set out in the Second Report so that new counsel for Dondeb Inc. had time to consider the matters addressed therein with such approval to be brought back before the Court within 60 days.
By Court Order dated February 13, 2013, among other matters, the Receiver’s activities were approved as set out in the Second and Third Report, and interim distributions of proceeds held for the Dorset Place, Preston Springs and Tim Horton’s Properties were approved. Approval and vesting orders were also granted on February 13, 2013, in respect of transactions involving the Coldwater and Brechin Properties.
The Coldwater transaction closed on February 15, 2013. The Brechin transaction closed on February 28, 2013. The Devonshire Place transaction closed on March 1, 2013.
By Court Order dated March 25, 2013, the Court granted a general distribution Order regarding the Coldwater and Devonshire Place properties and approving the activities of the Receiver set out in the Fourth Report. In addition, on March 25, 2013, the Court granted Approval and Vesting Orders for the sale of the Sussex Place and Georgian Manor Banquet Hall properties.
In summary, by March 27, 2013, the following sales transactions have been Court approved and closed: Coldwater, Devonshire Place, Tim Horton’s, Brechin, Dorset Place, Preston Springs and Georgian Manor. In addition, the following sales have been Court approved and are subject to closing: Sussex Place.
On May 10, 2013, the Court approved the following:
(i) the Agreements and Purchase and Sale of the following properties: Ontario Street; Hatch House Montessori School; Tudhope Manor, an Auction Agreement for certain panelization equipment as well as approval of a stalking horse sales agreement for the Ace Self Storage property and business and Stalking Horse sales process for same; and
(ii) the distribution of funds held in respect of Georgian Manor and Sussex Place.
On May 29, 2013, the Court approved the following:
(i) the Agreement of Purchase and Sale for the Lafontaine Terrace Property; and
(ii) the distribution of funds held in respect of the Ontario Street and Hatch House Montessori Properties.
On June 11, 2013, the Court granted an Order (hereinafter referred to as the “Prepayment Order”) which among other matters confirms that Empire Life is not entitled to the Interest Differential on four properties: Dorset Place; Sussex Place; Hatch House and Leon’s. Subject to appeal, certain distributions are now provided for Prepayment Order for the Dorset Place and Sussex Place Properties. The Prepayment Order is posted below.
On June 11, 2013, the Court granted an Order approving the interim distribution of proceeds from the sales of the Tudhope Manor and Lafontaine Terrace Properties. The Court Order and Endorsement are posted below.
On August 6, 2013, an Approval and Vesting Order was granted for the sale of Ace Self Storage business and property to Pace Savings & Credit Union Limited, which sales transaction was the culmination of a Stalking Horse Sales Process. Upon closing of the Ace Self Storage transaction, $6.2 million is authorized to be distributed to the purchaser, Pace Savings & Credit Union Limited. In addition, an Order of the Court was granted on August 6, 2013, which, among other matters, approved interim distributions to the secured creditor of the Coldwater Property and the Brechin Property and reallocation of proceeds from 2338067 Ontario Inc. to Dondeb Inc., related to the sale of the Dorset Place Property.
On December 2, 2013, the Court granted (i) an Order approving a distribution from the remaining proceeds of sale of the Lafontaine Terrace Property; (ii) approval and vesting Orders in respect of the sales of the Orillia Prep School, Orillia Retirement Residence, Whispering Pines, Pepper/Palmer and the 240 Yeoman Street properties; and (iii) an Order that the motion brought by Dancy seeking leave to file a complaint against B. Riley Farber be dismissed on a with prejudice basis and without costs unless Dancy provided written notice on or before January 10, 2014, of his intention to bring on the motion. Dancy did not provide such notice.
On March 24, 2014, the Court granted (i) approval and vesting Orders in respect of the sales of the Barrie Business Centre, Remo’s Ristorante, ProSpan Rockin Boats and Scotia Road properties; (ii) an Order approving distributions to Canada Revenue Agency (“CRA”) of $180,000 in respect of the Orillia Prep School property and deemed trust claim against 1182689 Ontario Inc. (“118”); partial distribution of $160,000 to Empire Life in respect of the Hatch House property; partial distribution of $180,000 to Faithlife Financial in respect of the Tudhope Manor property; a $12,500 distribution to Sunlife Assurance Company of Canada in full and final settlement of its indebtedness; and a $100,000 distribution to the Bank of Nova Scotia Trust Company in respect of the Tim Horton’s/Wendy’s property proceeds of sale; (iii) an Order approving the completion and sale of the FIT transaction to the Chippawas of Rama First Nation as purchaser; (iv) an Order authorizing the Receiver to consolidate the Segregated Accounts (as defined in paragraph 3 of the Receivership Order) for the following Segregated Accounts into a general account for Dondeb: Ontario Street, Coldwater, Devonshire Place, Sussex Place, 240 Yeoman Street, Brechin and Dorset Place; and (v) an Order authorizing the Receiver to transfer the amount of $108,565.68 from the Dondeb General Account to the Tim Horton’s/Wendy’s property Segregated Account to reimburse the Tim Horton’s/Wendy’s property in respect of amounts owing by Dondeb, and subject to deemed trust provisions, to the CRA which were paid to the CRA pursuant to the Order of Justice Morawetz made on February 13, 2013.k
Since March 24, 2014, the Receiver has: (i) attended to the closing of the sale of the Scotia Rd., Rockin’ Boats, Remo’s Ristoranti and Barrie Business Centre properties. There are now only 2 remaining properties to be sold; the Orillia Independent Living property and Leon’s property.
On May 2, 2014, the Receiver was in Court seeking an Order from the Court authorizing it to: (i) distribute the amount of $2,630,000 to First Source Mortgage Corporation and Mark Cosman (“First Source/Cosman”) in partial satisfaction of the charge/mortgage granted by Dondeb, in favour of First Source/Cosman in the original principal sum of $7,100,000 against the Barrie Business Centre property from the funds held by the Receiver in the account maintained for the Barrie Business Centre property; (ii) distribute the amount of $160,000 to First Source/Cosman in partial satisfaction of the charge/mortgage granted by Dondeb, in favour of First Source/Cosman in the original principal sum of $150,000 against the Tim Hortons/Wendy’s property from the funds held by the Receiver in the account maintained for the Remo’s Ristoranti property; and (iii) distribute the amount of $250,000 to The Toronto-Dominion Bank in partial satisfaction of the charge/mortgage granted by Dondeb to The Canada Trust Company as custodian for The Toronto-Dominion Bank in the original principal amount of $712,000, against the Rockin’ Boats property from the proceeds of sale of the Rockin Boats property. This relief was approved in its entirety on May 2, 2014. Please see the issued and entered Order and Endorsement of Justice Brown posted below.
On July 28, 2014, the Receiver sought approval of its activities to date, the approval of a sales agreement related to a feed-in-tariff contract and approval of the Receiver and its legal counsel’s fees and disbursements related to specific properties. Further details are set out below:
(i) approval of the Thirteenth Report and the activities of the Receiver set out therein;
(ii) approval of the completion of the sale transaction (the “FIT Transaction”) related to the property at 92 Davidson Avenue, Barrie, ON, contemplated by the agreement of purchase and sale between the Receiver as vendor and Solara Sustainable Energy Company Limited as purchaser (the “FIT Purchaser”) made as of July 8, 2014 (the “FIT APS”), approving and authorizing the Receiver to enter into and take steps in accordance with the development agreement date July 8, 2014 between the FIT Purchaser and the Receiver (the “Development Agreement”), approving and authorizing the Receiver to enter into and take steps in accordance with consent agreement made as of July 8, 2014 (the “Consent Agreement”) between the Receiver and Ontario Power Authority (“OPA”), vesting in the FIT Purchaser the Assumed Contracts (as defined and described in the FIT APS) free and clear of encumbrances, other than Permitted Encumbrances (as defined in the FIT APS); and sealing and treating as confidential Confidential Appendices 1 and 2 to the Thirteenth Report until closing of the transaction set out in the FIT APS or further order of the Court and providing that the relief set out in the order be subject to provisional execution;
(iii) approval of Farber’s fees and disbursements as Receiver for the period October 17, 2012 to May 31, 2014; and approval of the fees and disbursements of Farber’s independent legal counsel, Dentons LLP (“Dentons”), for the period October 17, 2012 to May 31, 2014 and Cassels, Brock & Blackwell LLP (“Cassels”) for the period March 2, 2014 to May 31, 2014 for the following 13 properties: Ace Self Storage and Business Centre Inc., 240 Yeoman, Brechin, Coldater, Devonshire, Dorset Place, Georgian Manor, King City Holdings (Belleville – Pepper/Palmer), Ontario Street, Orillia Independent Living, Preston Springs, Sussex Place and Tudhope Manor.
The detailed motion record is posted below, which indicates the Receiver’s 13th Report and detailed Affidavit of Fees for the Receiver and its legal counsel. This relief was approved in its entirety on July 28, 2014. Please see the issued and entered Orders and Endorsements of Justice Wilton-Siegel posted below.
On September 12, 2014, the Court granted an Order (i) approving the completion of the sale transaction (the “OIL Transaction”) contemplated by the agreement of purchase and sale in respect of the real property municipally known as 20 Simcoe Street, Orillia, ON and the business located thereon known as Orillia Independent Living (“OIL”), between the Receiver as vendor and Retirement Suites (Simcoe) Ltd (the “OIL Purchaser”) as assignee of Nitin Mendiratta In Trust for company to be incorporated as purchaser made as of July 21, 2014, as amended (the “OIL APS”); (ii) vesting in the OIL Purchaser the Property (as defined in the OIL APS) free and clear of encumbrances, other than Permitted Encumbrances (as defined in the OIL APS); and (iii) sealing and treating as confidential Confidential Appendix 1 to the Fourteenth Report until closing of the OIL Transaction or further order of the Court and providing that the relief set out in the order be subject to provisional execution. Copies of the Order and Endorsement from September 12, 2014, are attached hereto as Appendix “F”. The OIL Transaction closed on September 17, 2014.
On October 22, 2014 the Court granted an Order authorizing among other matters that: the Receiver distribute the amount of $4,363,131.71 plus additional reasonable legal fees not to exceed $11,000 to Addenda Capital Inc. (“Addenda”) and in full and final satisfaction of the charge/mortgage granted by Dondeb and to distribute $100,000.00 to Cameron Stephens Financial Corporation (“Cameron Stephens”) in partial satisfaction of the charge/mortgage granted by Dondeb in favour of Cameron Stephens against the OIL Real Property.
On April 23, 2015, the Court granted an Order approving: the Sixteenth Report of the Receiver and the activities of the Receiver set out therein; the proposed General Restructuring and Administrative Expenses (“GARE”) allocation as set out on Appendix “L” to the Sixteenth Report (the “Proposed GARE Allocation”); the Receiver to make the distributions as set out in Appendix “M” to the Sixteenth Report (“Additional Distributions”); the fees and disbursements of B. Riley Farber as Receiver as set out in the affidavit of Paul Denton sworn April 14, 2015 (the “Denton Affidavit”); fees and disbursements of Dentons Canada LLP, formerly Fraser, Milner Casgrain LLP (“Dentons”), as counsel to the Receiver as set out in the affidavit of Neil Rabinovitch sworn April 14, 2015 (the “Rabinovitch Affidavit”); and the fees and disbursements of Cassels Brock & Blackwell LLP (“Cassels”), as counsel to the Receiver as set out in the affidavit of Jane Dietrich sworn April 14, 2015 (the “Dietrich Affidavit). The Court also granted an Order approving: the sale transaction (the “Transaction”) contemplated by an agreement of purchase and sale between the Receiver and 555 Memorial (Orillia) Inc. (the “Purchaser”) made as of February 24, 2015 (the “Sale Agreement”); and vesting in the Purchaser all of the right, title and interest of Briarbrook Apartments Inc. (“Briarbrook”), if any, in and to the Purchased Assets (being the Real Property as defined in the Sale Agreement) free and clear of encumbrances other than Permitted Encumbrances (as defined in the Sale Agreement); and providing that the relief set out in the order be subject to provisional execution.
A list of Court Orders, Endorsements, Motion materials and Receiver’s Reports are set out below.
PROPERTY SUMMARY
A list of the properties and businesses is as follows:
Owned by |
Business/operating name |
Business/property address |
MLS Listing |
Dondeb Inc. |
Ace Self Storage and Business Centre Inc. |
256, 270 Hughes Road, Orillia 4575 Huronia Road, Orillia |
SOLD
|
Ontario Street |
6 Ontario Street, Orillia |
SOLD |
|
Coldwater |
233, 249 & 261 Coldwater Ave., Orillia |
SOLD |
|
Devonshire Place |
15390 Yonge St., Unit 208, Aurora |
SOLD |
|
Prospan/Rockin’ Boats |
61 Forest Plain Rd, Orillia |
SOLD |
|
Remo’s Ristoranti |
480 West St. South, Orillia |
SOLD | |
Orillia Retirement Residences |
24 Simcoe St., Orillia |
SOLD | |
Sussex Place |
205 Vodden St. E., Brampton |
SOLD | |
Barrie Business Centre |
92 Davidson St., Barrie |
SOLD | |
Tim Hortons & Wendy’s |
525 – 545 Memorial Ave, Orillia |
SOLD |
|
240 Yeoman |
240 Yeoman St., Belleville |
SOLD |
|
Brechin |
100 acre farm, no residence on it |
SOLD |
|
1182689 Ontario Inc. |
Hatch House Montessori |
301 Byron St. S., Whitby |
SOLD |
Orillia Prep School |
547 Laclie St., Orillia |
||
King City Holdings |
Pepper – Belleville |
Vacant land zoned for 17 townhomes |
SOLD |
Palmer – Belleville |
Vacant land zoned for 16 townhomes |
SOLD |
|
1267818 Ontario Ltd. |
Georgian Manor Banquet Hall |
52 Morrow Rd., Barrie |
SOLD |
1281515 Ontario Inc. |
Whispering Pines |
451 Golf Course Rd., Huntsville |
SOLD |
1711060 Ontario Ltd. |
Lafontaine Manor |
169 Borden Ave., Kitchener |
SOLD |
2009031 Ontario Inc. |
Tudhope Manor |
127 Peter St. N., Orillia |
SOLD |
2198392 Ontario Ltd. |
Orillia Independent Living |
20 Simcoe St., Orillia |
http://www.crelisting.net/XYG69P59w
|
2338067 Ontario Inc. |
Dorset Place |
90 Gurnett St., Aurora |
SOLD |
Briarbrook Apartments |
Leon’s |
555 Memorial Ave, Orillia |
http://www.icx.ca/propertyDetails.aspx?propertyId=12613131&PidKey=-1957415349 |
Guelph Financial |
Preston Springs Gardens |
102-110 Fountain St. N., Cambridge |
SOLD |
Prior to the Court appointment, seven of the Dondeb Companies had filed individual Notices of Intention to Make a Proposal (“NOIs“). These NOIs have been stayed and suspended pending further Order of the Court. Further particulars on the NOI proceedings are set out below.
NOI Proceedings
Dondeb Inc., 1711060 Ontario Ltd., 2338067 Ontario Inc. and Ace Self Storage and Business Centre Inc. (collectively the “Dondeb Companies“).
The Dondeb Companies each filed individual Notices of Intention to Make a Proposal (“NOIs“) pursuant to the provisions of the Bankruptcy and Insolvency Act (“BIA“) on September 11th (for Dondeb Inc.) and 12th, 2012 and A. B. Riley Farber & Partners Inc., a member of B. Riley Farber Financial Group (“Farber“), was appointed as Proposal Trustee.
The effect of the NOIs is that they provide an initial 30-day stay (which can be extended by Court order) of proceedings overall amounts owing to creditors effective September 11th and 12th, 2012 respectively, while the Dondeb Companies formulate Proposals to their creditors.
Please note that the amounts listed in the creditors’ lists are only estimates based on the Dondeb Companies’ books and records. Creditors will have an opportunity to file a Proof of Claim for the actual amounts owing when the Proposal Trustee mails the Proposal packages.
Once Proposals are filed, the Proposal Trustee will mail them (along with our Reports thereon) to the creditors in order to allow the creditor body to vote at meetings of creditors to be held within 21 days of the Proposal dates.
To clarify, the Dondeb Companies are not bankrupt but have availed themselves of a procedure whereby an insolvent person, with creditor and Court approval, restructures its financial affairs. They remain in possession of their assets and continue to operate in the normal course during the NOI process.
During the NOI process, the Proposal Trustee monitors operations relative to the Dondeb Companies’ forecasted cash flows but has no management or control of the companies.
Copies of the Notices of Intention to Make a Proposal and related documents can be found below.
Creditor or employee inquiries
For creditor or employee inquiries:
Paul Denton
T: 416.496.3773
E: pdenton@brileyfin.com
The case updates and court filed documents on this website are for information purposes only and you should consult your financial or legal adviser if you have any questions or concerns about your rights or obligations. Additional updates on the status of these proceedings may become available in the future.
Documents
Receivership Documents
Court Reports
- First Report of Receiver, date October 25, 2013
- Second Report of Receiver, dated January 8, 2013
- Supplement to Second Report of Receiver, dated January 11, 2013
- Second Supplement to Second Report of Receiver, dated January 15, 2013
- Third Report of Receiver, dated February 6, 2013
- Fourth Report of Receiver, dated March 15, 2013
- Fifth Report of Receiver, dated May 3, 2013
- Supplement to the Fifth Report of Receiver, dated May 9, 2013
- Sixth Report of Receiver (without appendices), dated May 22, 2013
- Seventh Report of Receiver (without appendices), dated May 29, 2013
- Supplement to the Seventh Report of Receiver, dated June 5, 2013
- Eighth Report of Receiver (without appendices), dated June 5, 2013
- Ninth Report of Receiver (without appendices), dated July 23, 2013
- Tenth Report of Receiver (without appendices), dated November 26, 2013
- Eleventh Report of Receiver (without appendices), dated March 17, 2014
- Twelfth Report of Receiver (without appendices), dated April 28, 2014
- Thirteenth Report of the Receiver (without appendices), dated July 21, 2014
- Fourteenth Report of the Receiver (without appendices), dated September 3, 2014
- Fifteenth Report of the Receiver (without appendices), dated October 10, 2014
- Sixteenth Report of the Receiver (without appendices), dated April 14, 2015
- Supplement to Sixteenth Report of the Receiver, dated April 22, 2015
- Seventeenth Report of the Receiver (without appendices), dated January 12, 2016
Motion Materials
- Motion Record – Part 1, returnable January 14, 2013
- Motion Record – Part 2, returnable January 14, 2013
- Motion Record – Part 1, returnable February 13, 2013
- Motion Record – Part 2, returnable February 13, 2013
- Motion Record – Part 1, returnable March 25, 2013
- Motion Record – Part 2, returnable March 25, 2013
- Motion Record – Part 1, returnable May 10, 2013
- Motion Record – Part 2, returnable May 10, 2013
- Motion Record – Part 1, returnable May 29, 2013
- Motion Record – Part 2, returnable May 29, 2013
- Motion Record – Part 1 re: 7th Report, returnable June 11, 2013
- Motion Record – Part 2 re: 7th Report, returnable June 11, 2013
- Book of Authorities re: Motion Record re: 7th Report, returnable June 11, 2013
- Factum re: Motion Record re: 7th Report, returnable June 11, 2013
- Motion Record re: 8th Report, returnable June 11, 2013
- Motion Record re: 9th Report, returnable July 30, 2013
- Motion Record re: 10th Report – Part 1, returnable December 2, 2013
- Motion Record re: 10th Report – Part 2, returnable December 2, 2013
- Motion Record re: 12th Report – Part 1, returnable May 2, 2014
- Motion Record re: 12th Report – Part 2, returnable May 2, 2014
- Motion Record re: 12th Report – Part 3, returnable May 2, 2014
- Motion Record re: 12th Report – Part 4, returnable May 2, 2014
- Motion Record re: 13th Report – Part 1, returnable July 28, 2014
- Motion Record re: 13th Report – Part 2, returnable July 28, 2014
- Motion Record re: 13th Report – Part 3, returnable July 28, 2014
- Motion Record re: 13th Report – Part 4, returnable July 28, 2014
- Motion Record re: 13th Report – Part 5, returnable July 28, 2014
- Motion Record re: 14th Report – returnable September 12, 2014
- Motion Record re: 15th Report – returnable October 22, 2014
- Motion Record re: 16th Report – Part 1, returnable April 23, 2015
- Motion Record re: 16th Report – Part 2, returnable April 23, 2015
- Motion Record re: 16th Report – Part 3, returnable April 23, 2015
- Motion Record re: 16th Report – Part 4, returnable April 23, 2015
- Motion Record re: 16th Report – Part 5, returnable April 23, 2015
- Motion Record re: 16th Report – Part 6, returnable April 23, 2015
- Motion Record re: 16th Report – Part 7, returnable April 23, 2015
- Motion Record re: 16th Report – Part 8, returnable April 23, 2015
- Motion Record re: 16th Report – Part 9, returnable April 23, 2015
- Motion Record re: 16th Report – Part 10, returnable April 23, 2015
- Motion Record re: 16th Report – Part 11, returnable April 23, 2015
- Motion Record re: 16th Report – Part 12, returnable April 23, 2015
- Motion Record re: 16th Report – Part 13, returnable April 23, 2015
- Motion Record re: 16th Report – Part 14, returnable April 23, 2015
- Motion Record re: 16th Report – Part 15, returnable April 23, 2015
- Motion Record re: 17th Report – Part 1, returnable January 20, 2016
- Motion Record re: 17th Report – Part 2, returnable January 20, 2016
- Motion Record re: 17th Report – Part 3, returnable January 20, 2016
Court Orders
- Court Order appointing Receiver, dated October 17, 2012
- Court Order, dated October 26, 2012
- Endorsement, dated October 26, 2012
- Approval and Vesting Order re: Devonshire (208 – 15390 Yonge Street), dated January 14, 2013
- Endorsement of Justice Morawetz, dated January 14, 2013
- Approval and Vesting Order re: Dorset Place, dated January 15, 2013
- Approval and Vesting Order re: Preston Springs, dated January 15, 2013
- Approval and Vesting Order re: Tim Horton’s, dated January 15, 2013
- Endorsement of Justice Morawetz, dated January 15, 2013
- Approval and Vesting Order re: Brechin, dated February 13, 2013
- Approval and Vesting Order re: Coldwater, dated February 13, 2013
- Order re: Distribution of Sale Proceeds re: Tim Horton’s, Dorset and Preston, dated February 13, 2013
- Endorsement of Justice Morawetz, dated February 13, 2013
- Approval and Vesting Order re: Georgian Manor, dated March 25, 2013
- Approval and Vesting Order re: Sussex Place, dated March 25, 2013
- General Distribution Order of Justice Mesbur, dated March 25, 2013
- Endorsement of Justice Mesbur, dated March 25, 2013
- Unofficial typed Endorsement of Justice Mesbur, dated March 25, 2013
- Hatch House Approval and Vesting Order,dated May 10, 2013
- Ontario Street Approval and Vesting Order, dated May 10, 2013
- Tudhope Manor Approval and Vesting Order, dated May 10, 2013
- Order of Justice Newbould, May 10, 2013
- Endorsement of Justice Newbould, May 10, 2013
- Lafontaine Terrace Approval and Vesting Order, dated May 29, 2013
- Order of Justice Morawetz, dated May 29, 2013
- Endorsement of Justice Morawetz, dated May 29, 2013
- Order of Justice Newbould re: Tudhope and Lafontaine distributions, dated June 11, 2013
- Endorsement of Justice Newbould re: Tudhope and Lafontaine distributions, dated June 11, 2013
- Prepayment Order, dated June 11, 2013
- Ace Approval and Vesting Order, dated August 6, 2013
- Order of Justice Morawetz, dated August 6, 2013
- Endorsement of Justice Morawetz, dated August 6, 2013
- 240 Yeoman Street Approval and Vesting Order, dated December 2, 2013
- Pepper/Palmer Approval and Vesting Order, dated December 2, 2013
- Orillia Prep School Approval and Vesting Order, dated December 2, 2013
- Orillia Retirement Residence Approval and Vesting Order, dated December 2, 2013
- Whispering Pines Approval and Vesting Order, dated December 2, 2013
- Distribution Order, dated December 2, 2013
- Order of Justice Brown, dated March 24, 2014
- Endorsement of Justice Brown, dated March 24, 2014
- Barrie Business Centre Approval and Vesting Order, dated March 24, 2014
- Scotia Road Approval and Vesting Order, dated March 24, 2014
- Remo’s Ristorante Approval and Vesting Order, dated March 24, 2014
- Prospan Rockin Boats Approval and Vesting Order, dated March 24, 2014
- FIT Contract Approval and Vesting Order, dated March 24, 2014
- Order of Justice Brown, dated May 2, 2014
- Endorsement of Justice Brown, dated May 2, 2014
- FIT Approval and Vesting Order, dated July 28, 2014
- Order of Justice Wilton-Siegel, dated July 28, 2014
- Endorsement of Justice Wilton-Siegel, dated July 28, 2014
- Approval and Vesting Order of Justice Pattillo dated September 12, 2014
- Endorsement of Justice Pattillo dated September 12, 2014
- Order of Justice Newbould dated October 22, 2014 – approving Fifteenth Report
- Endorsement of Justice Newbould dated October 22, 2014
- Order and Endorsement of Justice McEwen re DW Fees dated April 23, 2015
- Leons Approval and Vesting Order of Justice McEwen dated April 23, 2015
- Order of Justice McEwen dated April 23, 2015 – approving Sixteenth Report
- Endorsement of Justice McEwen dated April 23, 2015
- Approval and Vesting Order of Justice Hainey, dated January 20, 2016
- Discharge Order of Justice Hainey, dated January 20, 2016
- Endorsement of Justice Hainey, dated January 20, 2016
- Discharge Certificate, dated March 23, 2017.
NOI Documents
- Dondeb Inc. Certificate for the Notice of Intention to Make a Proposal, dated September 11, 2012
- Dondeb Inc. Notice to Creditors, dated September 14, 2012
- Ace Self Storage and Business Centre Inc. Certificate for the Notice of Intention to Make a Proposal, dated September 12, 2012
- Ace Self Storage and Business Centre Inc. Notice to Creditors, dated September 14, 2012
- 2338067 Ontario Inc. Certificate for the Notice of Intention to Make a Proposal, dated September 12, 2012
- 2338067 Ontario Inc. Notice to Creditors, dated September 14, 2012
- 1711060 Ontario Ltd. Certificate for the Notice of Intention to Make a Proposal, dated September 12, 2012
- 1711060 Ontario Ltd. Notice to Creditors, dated September 14, 2012