1393382 Ontario Limited (22216 Bloomfield Rd., Cha et al.
FollowActive
- Proceeding
- Receivership (court-appointed)section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CV-19-00632077-00CL
Filings held12
Last activity7 Dec 2020
On the record2,471 days
Secured debt$15.1M
OverviewSummary updated
1393382 Ontario Limited et al. are in a court-appointed receivership commenced on 16 December 2019 in the Ontario Superior Court of Justice. FirstOntario Credit Union Limited applied under subsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, and msi Spergel Inc. was appointed receiver. FirstOntario Credit Union Limited is stated as a secured creditor for $15,115,580. The proceeding is carried on court file CV-19-00632077-00CL.
Proceedings AIAsk this case — answers cite the filings
Case updates13 dated entries
#Sale
The court granted an approval and vesting order. Closing terms, as extracted: vesting effective upon delivery of Receiver's Certificate confirming payment of Purchase Price and satisfaction/waiver of conditions to Closing.
#Order
The receivership order of 16 December 2019 appointed msi Spergel Inc. as receiver over the property.
#Filing
FirstOntario Credit Union Limited filed its application for the appointment of a receiver on 2 December 2019.
Source: Application Record
Parties
Debtor
1393382 Ontario Limited (22216 Bloomfield Rd., Chatham, ON)
Receiver
msi Spergel inc.
Capital structureAs asserted in the filings
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed trusts (CRA and other) | Canada Revenue Agency · in 926 casesas of August 2019 HST return — Deemed trust (HST) — Deemed trust class. Unpaid HST for the August 2019 reporting period as confirmed by CRA to the Receiver; Receiver was uncertain whether this amount relates specifically to the Bloomfield Property division. Receiver states it has not, to date, received any (other) claims from CRA; pre-receivership September 2019 HST return and post-receivership corporate/HST returns for 139 Co. remain unfiled. — debtor: 1393382 Ontario Limited | $9.95K | Motion Record – Returnable August 5, 2020 |
| 4 | Secured | FirstOntario Credit Union Limited · in 5 casesPPSA registrations (registered 2016-12-14, expiry 2026-12-14) over Inventory, Equipment, Accounts, Other, Motor Vehicle; separate PPSA registration (2016-12-14) - Accounts, Other, General Assignment of Rents and Leases relating to 22216 Bloomfield Road, Chatham, Ontario, plus proceeds; Business Loan General Security Agreement dated 2017-02-28; charge on title registered 2017-03-02 in the registered principal amount of $11,000,000 — Exact balance per payout statement (Appendix J) as at 2020-07-20. Second Report (2020-07-22) describes the debt in prose as 'approximately $15.1 million'; earlier F · as of 20 Jul 2020 | $15.1M | Motion Record – Returnable August 5, 2020 |
| 4 | Secured | The Corporation of the Municipality of Chatham-KentNotice registration on title — Nominal ($1) notice registration on title dated 2009-01-09; nature of underlying claim not further described in these pages. — debtor: 1393382 Ontario Limited · as of 9 Jan 2009 | $1 | Motion Record – Returnable August 5, 2020 |
| 4 | Secured | Pioneer Energy LP / Parkland Fuel Corporation (stated successor to Pioneer)PPSA registration (Inventory, Equipment, Accounts, Other) registered July 30, 2009, expiry July 30, 2020 - secured party changed by assignment from Bradshaw Fuels Ltd. registered September 14, 2011; Parkland Fuel Corporation postponement agreement registration February 17, 2017 (Reg. No. 655266528) in favour of FirstOntario — Chain: originally Bradshaw Fuels Ltd., assigned to Pioneer Energy LP, later stated successor Parkland Fuel Corporation. Postponed in priority to FirstOntario per postponement agreement. — debtor: 1393382 Ontario Limited | — | Motion Record – Returnable August 5, 2020 |
| 4 | Secured | Canadian Imperial Bank of Commerce (CIBC) · in 67 casesPPSA registration (registered 2014-06-24, expiry 2029-06-24) over Inventory, Equipment, Accounts, Other, Motor Vehicle; two Mareva Order registrations (registered 2019-10-11, expiry 2022-10-11), registered on title 2019-11-04 — Security subordinated/postponed to FirstOntario per postponement agreement dated 2017-02-22 (Reg. No. 700079229). Amount of CIBC's underlying claim against 139 Co. not stated in these pages. CIBC obtained the September 30, 2019 ex parte order appointing BDO as receiver over 139 Co. and related entities in a separate action (CV-19-00628293-00CL). — debtor: 1393382 Ontari | — | Motion Record – Returnable August 5, 2020 |
| 4 | Secured | LIBRO Credit Union Limited · in 7 casesPPSA registration (registered 2014-09-24, expiry 2020-09-24) over Inventory, Equipment, Accounts, Other, Motor Vehicle — Subordinated/postponed to FirstOntario per postponement agreement dated 2017-02-28 (Reg. No. 697391325). Amount of claim not stated. — debtor: 1393382 Ontario Limited | — | Motion Record – Returnable August 5, 2020 |
| 4 | Secured | Pioneer Energy LP / Parkland Fuel Corporation (successor)PPSA registration (registered 2009-07-30, expiry 2020-07-30) over Inventory, Equipment, Accounts, Other - secured party changed by assignment from Bradshaw Fuels Ltd., registered 2011-09-14 — Parkland Fuel Corporation stated to be successor to Pioneer; subordinated/postponed to FirstOntario per postponement agreement dated 2017-02-17 (Reg. No. 655266528). Registration was near expiry as at report date. Amount of claim not stated. — debtor: 1393382 Ontario Limited | — | Motion Record – Returnable August 5, 2020 |
| 8 | Unsecured | Canada Revenue Agency (HST) · in 926 casesDeemed trust class (HST). As of the Second Report, the Receiver had not received any claims from CRA and pre-receivership/post-receivership HST returns for other periods remained unfiled (dependent on BDO), so the full extent of CRA's claim is unknown beyond this stated unpaid amount. — debtor: 1393382 Ontario Limited · as of 31 Aug 2019 | $9.95K | Motion Record – Returnable August 5, 2020 |
“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 processAs stated in the filings
Closing termsvesting effective upon delivery of Receiver's Certificate confirming payment of Purchase Price and satisfaction/waiver of conditions to ClosingVesting Order of the Honourable Justice Koehnen
RecoveriesAs stated in the filings
Unsecured creditors: no distribution. FirstOntario short.EstimatedMotion Record · 7 Dec 2020
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | FirstOntario | — | shortfall | Estimatedper the receiver | Motion Record · 7 Dec 2020 |
| Unsecured | — | — | no distribution | Estimatedper the receiver | Motion Record · 7 Dec 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.
Fees and ratesAs stated in the filings
3 engagements · 2 firms — latest: (firm not named), —Motion Record · 7 Dec 2020
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| (firm not named)capacity not statedperiod 2 of 2 · firm not named in the heading | — | 344.8 | — | $281stated average | Motion Record · 7 Dec 2020 |
| (firm not named)capacity not statedperiod 1 of 2 · firm not named in the heading | — | 685.25 | — | $220.79stated average | Motion Record · 5 Aug 2020 |
| msi Spergel Inc.Receiver | — | 556.25 | — | $207.31stated average | Motion Record · 5 Aug 2020 |
Documents
12 filings
| Date | Document | File |
|---|---|---|
Motion Record – Returnable December 7, 2020
| ||
Order of the Honourable Justice Dietrich – dated December 7, 2020
| ||
Ancillary Order of the Honourable Justice Koehnen
| ||
Motion Record – Returnable August 5, 2020
| ||
Vesting Order of the Honourable Justice Koehnen
| ||
Endorsement of the Honourable Justice C. Gilmore
| ||
| Motion Record – Returnable May 7, 2020 | ||
Order of the Honourable Justice C. Gilmore – dated May 7, 2020
| ||
Order of the Honourable Justice Hainey
| ||
| Endorsement of the Honourable Justice Hainey | ||
Receivership Order of the Honourable Justice Hainey
| ||
Application Record
| ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “1393382 Ontario Limited (22216 Bloomfield Rd., Cha et al.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/1393382-ontario-limited-22216-bloomfield-rd-chatham-on