On February 28, 2019 by Order (the “Interim Receiver Order”) of the Ontario Superior Court of Justice (Commercial List) (the “Court”), A. Farber & Partners Inc. (“Farber”) was appointed as interim receiver (the “Interim Receiver”), pursuant to section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended, without security, of all of the assets, undertakings and properties of Sandy Hutchens, Tanya Hutchens and entities referred to in Schedule “A of the Interim Receiver Order (defined as the “Debtors”) including the real property attached in Schedule “B” acquired for, or used in relation to a business carried on by the Debtors, including all proceeds thereof (the “Property”).
Among other matters, the Interim Receiver’s powers were investigatory and monitoring in nature.
On March 18, 2019, Farber’s appointment as receiver (the “Receiver”) was confirmed to continue by Order of the Court (the “Continuing Receivership Order”).
The Continuing Receivership Order provided for, among other things, the authority and discretion to take possession of, and exercise control over, various real properties in the Greater Sudbury Area, Ontario and Innisfil, Ontario (the “Income Producing Property”). Accordingly, all tenants of the Income Producing Property are required to forward all rents to the Receiver, or its duly authorized agent, from March 18, 2019 onward. Tenants may contact the Receiver at the coordinates listed below.
On April 25, 2019, the Court issued an Order (the “April 25 Order”) providing for, among other things, the Receiver’s authorization to list and sell certain parcels of the Income Producing Property and an additional residential real property of the Debtors.
Interested parties may contact the Receiver or its listing agent to discuss particulars of the sale process.
Creditor or Tenant Inquiries
For creditor or tenant inquiries, please contact:
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.
- First Report of the Interim Receiver, dated March 15, 2019 – Vol. 1
- First Report of the Interim Receiver, dated March 15, 2019 – Vol. 2
- Second Report of the Interim Receiver, dated May, 15, 2019 – Vol. 1
- Second Report of the Interim Receiver, dated May, 15, 2019 – Vol. 2
- Factum of the Receiver (returnable February 28, 2019)
- Supplementary Motion Record of the Applicants – February 25, 2019
- Motion Record of the Applicants (Volume 1 of 2) – February 5, 2019
- Motion Record of the Applicants (Volume 2 of 2) – February 5, 2019
- Book of Authorities of the Applicants (returnable February 28, 2019)
- Responding Motion Record of the Respondent, Tanya Hutchens – March 14, 2019
- Responding Application Record of JBD Hutchens Family Holdings Inc. et al – May 15, 2019
- Issued Amended Notice of Application – February 25, 2019
- Application Record, dated April 10, 2019 – Vol. 1 of 2
- Application Record, dated April 10, 2019 – Vol. 2 of 2
Court Orders & Endorsements
- Order of Justice Penny (Interim Receiver Order) – February 28, 2019
- Endorsement of Justice Penny – February 28, 2019
- Transcription of the Endorsement of Justice Penny – February 28, 2019
- Order of Justice Penny (Continuing Receivership) – March 18, 2019
- Endorsement of Justice Penny – March 18, 2019
- Transcription of the Endorsement of Justice Penny – March 18, 2019
- Endorsement of Justice Penny – March 27, 2019
- Order of Justice Penny (April 25 Order) – April 25, 2019
- Endorsement of Justice Penny – April 25, 2019 (re timetable)