11282751 Canada Inc. et al. (170 Burton)
Follow- Proceeding
- Receivership (court-appointed)section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CV-24-00712796-00CL
11282751 Canada Inc. has been in court-appointed receivership since February 10, 2024, when the Ontario Superior Court of Justice (Commercial List) appointed Rosen Goldberg Inc. receiver on the application of C & K Mortgage Services Inc. o/a Rescom Capital and Canadian Western Trust Company under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act. The applicants hold a first-position charge of $4,400,000 over the Burton Property registered December 14, 2021, which matured January 1, 2024, together with a general security agreement dated November 26, 2021 and a general assignment of rents. Charges held by 2489876 Ontario Inc. and Suncor Energy Inc. were postponed to it in December 2021. Steven and Debra Gallen registered a $5,150,000 charge in August 2023 and took over operation of the gas station and convenience store after the borrower abandoned the premises.
Motion Record of the Receiver returnable March 15, 2024 (sale process approval) was filed. Court file CV-24-00712796-00CL.
Source: Motion Record of the Receiver returnable March 15, 2024 (sale process approval)
Appointed Rosen Goldberg Inc. receiver of 11282751 Canada Inc. under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act.
Interim order made on the application of C & K Mortgage Services Inc. o/a Rescom Capital and Canadian Western Trust Company, the first-position chargeholders over the Burton Property.
Debtor
11282751 Canada Inc. et al. (170 Burton)
Receiver
Rosen Goldberg
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Conway | Ontario Superior Court of Justice | 2 orders, Mar 2024 | 285 cases on record |
| Justice Osborne | Ontario Superior Court of Justice | 2 orders, Feb 2024 | 146 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverRosen Goldberg | Manis Law | 15 Mar 2024 | Order · 15 Mar 2024 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Steven Gallen and Debra Gallen$5,150,000 charge/mortgage registered Aug 17, 2023, Instrument SC2001616 (the 'Gallen Charge') — Registered after abandonment of premises by Borrower; the Gallens are also operators who assumed running the gas station/convenience store; amount shown is registered principal, not a stated balance; not postponed to Lenders' Charge per document (registered subsequent in time) — debtor: 11282751 Canada Inc. | — | Application Record Returnable February 9, 2024 |
| Secured | Suncor Energy Inc. · in 3 cases$100,000 charge/mortgage registered Feb 4, 2020, Instrument SC1663518 (the 'Suncor Charge'), securing advances under Head Lease, Sublease and Retail Marketer Agreement dated Sept 9, 2019 — Postponed in priority to the Lenders' Charge pursuant to Postponement of Interest registered Dec 15, 2021, Instrument SC1853577; amount shown is registered principal sum, not a stated balance — debtor: 11282751 Canada Inc. | — | Application Record Returnable February 9, 2024 |
| Secured | 2489876 Ontario Inc.$3,500,000 charge/mortgage registered June 28, 2019, Instrument SC1605213 (the '248 Charge') — Postponed in priority to the Lenders' Charge pursuant to Postponement of Interest registered Dec 15, 2021, Instrument SC1853573; amount shown is registered principal, not a stated balance — debtor: 11282751 Canada Inc. | — | Application Record Returnable February 9, 2024 |
| Secured | C & K Mortgage Services Inc. o/a Rescom Capital · in 2 casesas of maturity date January 1, 2024 — Charge/mortgage registered first position on Burton Property, Dec 14, 2021, Instrument SC1853148, principal $4,400,000 total; C&K undivided interest $4,050,000 of $4,400,000 — Part of Lenders' Charge jointly held with Canadian Western Trust Company; outstanding balance not stated, only original registered principal given; also secured by General Security Agreement dated Nov 26, 2021 and General Assignment of Rents — debtor: 11282751 Canada Inc. | — | Application Record Returnable February 9, 2024 |
| Secured | Canadian Western Trust Company · in 4 casesas of maturity date January 1, 2024 — Charge/mortgage registered first position on Burton Property, Dec 14, 2021, Instrument SC1853148, principal $4,400,000 total; CWTC undivided interest $350,000 of $4,400,000, held in trust for RRSP 112706 (Leslie Orbach) — Part of Lenders' Charge jointly held with C&K; outstanding balance not stated, only original registered principal given — debtor: 11282751 Canada Inc. | — | Application Record Returnable February 9, 2024 |
“not stated” means the record names the claim without a figure; “—” means not in the extracted record.
This proceeding was commenced by a secured creditor. The record does not include the debtor’s own statement of assets and liabilities — that ceiling is the record’s, not this page’s.
Sale process approved — the sale process and procedures described in the First Report are hereby approvedOrder of Justice Conway dated March 15, 2024 (sale process approval) · 15 Mar 2024
| Date | Document | File |
|---|---|---|
| Factum of Receiver returnable June 11, 2024 | ||
| Motion Record of Receiver returnable June 11, 2024 | ||
| Sale Process-Teaser | ||
Endorsement of Justice Conway dated March 15, 2024
| ||
Motion Record of the Receiver returnable March 15, 2024 (sale process approval)
| ||
Order of Justice Conway dated March 15, 2024 (sale process approval)
| ||
| Factum of Receiver (sale approval) | ||
Application Record Returnable February 9, 2024
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Appointment Order dated February 9, 2024
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Endorsement of Justice Osborne dated February 9, 2024
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Filing titles, dates, and extracted key facts are public.
CiteProceedings., “11282751 Canada Inc. et al. (170 Burton)” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/11282751-canada-inc-et-al-170-burton