Book of Authorities of the Respondent, Ernst & Young, dated July 4, 2023 - Volume 1 of 2 — Application / notice of application
1033803 Ontario Inc. o/a Forma-Con Construction an et al.
- Proceeding
- Bankruptcysection 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended; and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended
- File
- CV-20-00636754-00CL
- Industry
- Construction
1033803 Ontario Inc. o/a Forma-Con Construction et al. are bankrupt, with KSV Kofman Inc. as trustee in bankruptcy, in proceedings before the Ontario Superior Court of Justice at Toronto commenced on 21 February 2020 under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act. Ernst & Young Inc. acts as court-appointed monitor. Bridging Finance Inc. is stated as a secured creditor for $40,000,000, and the largest unsecured claim stated is $142,049,579.11 by Bondfield Construction Company Limited. The proceeding is carried on court files CV-18-608978-00CL and CV-20-00636754-00CL, and on file 40166 in the Supreme Court of Canada.
Book of Authorities of the Respondent, Ernst & Young, dated July 4, 2023 - Volume 2 of 2 — Application / notice of application
Third Supplement to the First and Second Reports of the Trustee dated September 8, 2020 — Court officer report
The officer filed report no. Second Supplement to the First Report of KSV Kofman Inc. as Trustee in Bankruptcy. Forma Con was placed in receivership in November 2018 and filed an assignment in bankruptcy on December 2, 2019. The report replies to John Aquino's responding materials in the Trustee's transfers-at-undervalue claim, arguing the CHS expert report does not establish Forma Con's solvency and that its accounting information is unreliable.
Source: Second Supplement to the First and Second Reports of the Trustee dated August 18, 2020
The officer filed report no. Supplement to the First Report (Trustee) and Supplement to the Eighth Report (Receiver).
Source: First Supplement to the First and Second Reports of the Trustee dated July 10, 2020
A notice of application was issued on 21 February 2020.
Source: Application Record of the Trustee dated February 21, 2020
Debtor
1033803 Ontario Inc. o/a Forma-Con Construction and Forma Finishing
Debtor
1087507 Ontario Limited
Trustee in bankruptcy
KSV
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Bridging Finance Inc. · in 7 casesPer Preliminary list of creditors as at December 19, 2019. Per Statement of Affairs (Form 78), 'Secured creditors as per list B' is stated at $0.00 while the full $40,000,003.00 balance of secured claims is folded into total unsecured creditors, indicating the officer valued the security at nil (claim bifurcated secured/unsecured by security valuation). — debtor: 1033803 Ontario Inc. · as of 19 Dec 2019 | $40M | Notice of Bankruptcy and First Meeting of Creditors |
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
108 more claims in 2 classes The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plansCrown deemed trusts: shortfall.Second Supplement to the First and Second Reports of the Trustee · 18 Aug 2020
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Deemed trust | Forma Con's creditors, including Bridging, Canada Revenue Agency and other creditors | — | shortfall | per the trustee | Second Supplement to the First and Second Reports of the Trustee · 18 Aug 2020 |
Each row is one filing's statement, copied as it reads and never computed. "Estimated" is the officer's forecast; "Under the plan" is the plan's or proposal's own term; "Final" is a declared or paid distribution; a row with no chip states no footing. A range is the two numbers stated; "of proven claims" is the document's own denominator.
As at ·
The 2 totals the debtor stated at filing
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
| Book of Authorities of the Respondent, Ernst & Young, dated July 4, 2023 - Volume 1 of 2 | PDF · Subscribers | |
Book of Authorities of the Respondent, Ernst & Young, dated July 4, 2023 - Volume 2 of 2
| PDF · Subscribers | |
| Book of Authorities of the Respondent, KSV Restructuring Inc. dated July 4, 2023 | PDF · Subscribers | |
| Factum of the Respondent, Ernst & Young, dated July 4, 2023 | PDF · Subscribers | |
| Factum of the Respondent, KSV Restructuring Inc. dated July 4, 2023 | PDF · Subscribers | |
Endorsement of Justice Cavanagh dated March 28, 2022
| PDF · Subscribers | |
| Decisions of Justices Lauwers, Coroza and Sossin dated March 10, 2022 | PDF · Subscribers | |
Endorsement of Justice Wilton Seigel dated March 9, 2022
| PDF · Subscribers | |
Endorsement of Justice Dietrich dated September 15, 2020
| PDF · Subscribers | |
| Factum of the Trustee dated September 8, 2020 | PDF · Subscribers | |
Third Supplement to the First and Second Reports of the Trustee dated September 8, 2020
| PDF · Subscribers | |
Second Supplement to the First and Second Reports of the Trustee dated August 18, 2020
| PDF · Subscribers | |
First Supplement to the First and Second Reports of the Trustee dated July 10, 2020
| PDF · Subscribers | |
Motion Record dated May 25, 2020
| PDF · Subscribers | |
| Second Report of the Trustee dated May 7, 2020 | PDF · Subscribers | |
Application Record of the Trustee dated February 21, 2020
| PDF · Subscribers | |
| First Report of the Trustee dated February 21, 2020 | PDF · Subscribers | |
First Report of the Trustee dated February 21, 2020
| PDF · Subscribers | |
| Notice of Bankruptcy and First Meeting of Creditors | PDF · Subscribers | |
Notice of Bankruptcy and First Meeting of Creditors
| PDF · Subscribers | |
| Certificate of Appointment dated December 19, 2019 | PDF · Subscribers | |
| Certificate of Appointment dated December 19, 2019 | PDF · Subscribers | |
Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.
CiteProceedings., “1033803 Ontario Inc. o/a Forma-Con Construction an et al.” (Bankruptcy), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/1033803-ontario-inc-o-a-forma-con-construction-and-forma-finishing