144 Park Ltd.
Follow- Proceeding
- Receivership (court-appointed)section 68(1) of the Construction Lien Act
- File
- CV15-10843-00CL
144 Park Ltd. is the subject of a court-appointed receivership in the Ontario Superior Court of Justice (Commercial List), under court file no. CV15-10843-00CL, commenced 2015-01-22 under section 68(1) of the Construction Lien Act. Collins Barrow Toronto Limited was appointed trustee. As of March 30, 2015, 21 lien claimants had registered construction liens against the property in a total aggregate amount of approximately $4.33 million, including a $113,327.50 lien by Brody Wall System Ltd. Laurentian Bank of Canada is the first mortgagee. The trustee had borrowed $500,000 from MarshallZehr Group Inc. under a court-authorized borrowing charge and is seeking an increase to $750,000. The receivership is active.
A claims procedure has been established — see the order for deadlines.
Per the Construction Lien Claims Process Order dated April 23-2015 dated 23 April 2015.
Responding Factum of the Trustee (Sereen Painting Ltd. Matter) dated October 4-2016 — Response / objection pleading
Marketing Initiatives and Reserve Transfer Approval Order dated August 16-2016 — Order (other)
Motion Record of MarshallZehr Group Inc. dated May 4-2016 - Part 1 — Application / notice of application
Motion Record of MarshallZehr Group Inc. dated May 4-2016 - Part 2 — Application / notice of application
Motion Record of MarshallZehr Group Inc. dated May 4-2016 - Part 3 — Application / notice of application
Authorization to Terminate Certain Sale Transactions Order dated October 16-2015 — Order (other)
Responding Factum and Brief of Authorities of William Seegmiller dated October 15-2015 — Response / objection pleading
Responding Motion Record of William Seegmiller dated October 14-2015 Factum of Certain Unit Purchasers dated October 15-2015 — Response / objection pleading
Responding Record of Certain Unit Purchasers dated October 14-2015 – Volume 1 — Response / objection pleading
Responding Record of Certain Unit Purchasers dated October 14-2015 – Volume 2 - Part 1 — Response / objection pleading
Romaniuk Materials-including Motion Record-Interrogatories and Response Record dated July 30-2015 — Application / notice of application
Brief of Authorities of the Trustee dated April 21-2015 — Application / notice of application
The Ontario Superior Court of Justice granted an interim order on 2015-01-22, commencing the court-appointed receivership.
Responding Record of Certain Unit Purchasers dated October 14-2015 – Volume 2 - Part 2 — Response / objection pleading
Undated filings8 — no date appears on the document · show
Brief of Authorities of Certain Unit Purchasers dated October 15-2015 Supplemental Responding Motion Record of William Seegmiller dated October 15-2015 — Application filed
Supplementary Responding Motion Record of the Trustee (Sereen Painting Ltd. Matter) dated October 3-2016 — Application filed
Debtor
144 Park Ltd.
Receiver
TDB Restructuring
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Newbould | Ontario Superior Court of Justice | 10 orders, Jun 2015 – Dec 2016 | 100 cases on record |
| Justice Hainey | Ontario Superior Court of Justice | 4 orders, Oct 2016 – Dec 2017 | 196 cases on record |
| Justice Wilton-Siegel | Ontario Superior Court of Justice | 3 orders, Apr 2015 – Feb 2017 | 104 cases on record |
| Justice Osborne | Ontario Superior Court of Justice | 2 orders, Jul 2022 – Aug 2022 | 146 cases on record |
| Justice Conway | Ontario Superior Court of Justice | 2 orders, Dec 2015 – Jun 2019 | 285 cases on record |
| Justice Mesbur | Ontario Superior Court of Justice | 2 orders, Dec 2015 – Jan 2016 | 31 cases on record |
| 1 more judge on the docket | |||
Counsel of record
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Construction lien claimants (21 lien claimants) · in 7 casesConstruction liens registered against the Property — As of March 30, 2015, 21 lien claimants had registered construction liens against the Property in a total aggregate amount of approximately $4.33 million; an earlier approximation of 'over $3.0 million' was stated in prose at the time proceedings commenced (para 9, 46), superseded by this dated figure; individual claimants not named except Brody and Turner Architects below — debtor: 144 Park Ltd. · as of 30 Mar 2015 | $4.33M | First Report of the Trustee dated April 17-2015 |
| 4 | Secured | MarshallZehr Group Inc. · in 19 casesas of First Report date (April 17, 2015) — Fixed and specific charge over the whole of the Property, in priority to all claims including construction lien and trust claims, but subordinate to the Administration Charge (Trustee's Borrowings Charge) — Trustee borrowed $500,000 to date under Court-authorized borrowing charge; Trustee seeking increase to $750,000 pursuant to Commitment Letter dated April 2, 2015; facility fee of 5% ($37,500) also payable — debtor: 144 Park Ltd. (via Trustee borrowings) | $500K | First Report of the Trustee dated April 17-2015 |
| 4 | Secured | Brody Wall System Ltd. · in 3 casesConstruction lien registered against the Property — Construction contractor; lien registered January 21, 2015 in amount of $113,327.50; per 144's books and records, Brody is owed $32,532.50 (unsecured trade amount, distinct from lien amount) — debtor: 144 Park Ltd. · as of 21 Jan 2015 | $113K | First Report of the Trustee dated April 17-2015 |
| 4 | Secured | Laurentian Bank of Canada · in 15 casesFirst mortgagee — Referred to as 'first mortgagee (or its assignee or successor)' in context of Vetting Committee appointment; no balance stated — debtor: 144 Park Ltd. | — | First Report of the Trustee dated April 17-2015 |
| 4 | Secured | Turner Fleischer Architects · in 2 casesConstruction lien registered against City-owned lands adjacent to the Property and the 155 Caroline Lands — Lien relates to services provided to One 55 Mady Ltd., not to 144 Park Ltd.; amount not stated in these pages — debtor: One 55 Mady Ltd. | — | First Report of the Trustee dated April 17-2015 |
| 8 | Unsecured | Brody Wall System Ltd. · in 3 casesTrade creditor amount distinct from the $113,327.50 construction lien registered by same party (see secured_creditors) — debtor: 144 Park Ltd. | $32.5K | First Report of the Trustee dated April 17-2015 |
“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.
Secured creditors: shortfall. LBC $27.7M · MZG a distribution · MarshallZehr Group Inc. (MZG) a distribution.Brief of Authorities of the Trustee dated April 21-2015 · 23 Apr 2015
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | — | — | shortfall | — | Brief of Authorities of the Trustee dated April 21-2015 · 23 Apr 2015 |
| Secured | LBC | — | $27.7M | Finalper the trustee | Motion Record of MarshallZehr Group Inc. dated May 4-2016 - Part 1 · 10 May 2016 |
| Secured | MZG | $6.29M | a distributionfinal | per the trustee | Trustee's Motion Record dated July 29-2022 · 29 Jul 2022 |
| Secured | MarshallZehr Group Inc. (MZG) | $6.29M | a distributionfinal | per the trustee | Twenty-Fourth and Final Report of the Trustee dated July 29-2022 · 29 Jul 2022 |
| class not placed | Lien Claims | — | $305K | Finalper the trustee | Motion Record of MarshallZehr Group Inc. dated May 4-2016 - Part 1 · 10 May 2016 |
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.
6 engagements · 2 firms — latest: RSM Canada Limited, 1 Jan 2020 – 23 Jul 2022, $19,079.50 in feesTrustee's Motion Record dated July 29-2022 · 9 Aug 2022
| Firm | Period | Hours | Fees | Rates | Source | |||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Chaitons LLPCounsel | 1 Apr 2019 – 30 Jun 2022 | — | $18,699.00ex. tax | not stated | Trustee's Motion Record dated July 29-2022 · 9 Aug 2022 | |||||||||||||||||||||||||||||||||||
| RSM Canada LimitedTrusteeperiod 5 of 5 | 1 Jan 2020 – 23 Jul 2022 | 51.8 | $19,079.50ex. tax | $368.33stated average | Trustee's Motion Record dated July 29-2022 · 9 Aug 2022 | |||||||||||||||||||||||||||||||||||
| RSM Canada LimitedTrusteeperiod 5 of 5 | 1 Oct 2021 – 23 Jul 2022 | 9.3 | $3,450.00ex. tax | $250 – $6253 people | Trustee's Motion Record dated July 29-2022 · 9 Aug 2022 | |||||||||||||||||||||||||||||||||||
3 people — RSM Canada Limited, 1 Oct 2021 – 23 Jul 2022
| ||||||||||||||||||||||||||||||||||||||||
| RSM Canada LimitedTrusteeperiod 3 of 5 | 1 Sep 2020 – 30 Sep 2021 | 11 | $3,711.50ex. tax | $250 – $4852 people | Trustee's Motion Record dated July 29-2022 · 9 Aug 2022 | |||||||||||||||||||||||||||||||||||
2 people — RSM Canada Limited, 1 Sep 2020 – 30 Sep 2021
| ||||||||||||||||||||||||||||||||||||||||
| RSM Canada LimitedTrusteeperiod 2 of 5 | 1 Mar – 31 Aug 2020 | 8.1 | $2,681.00ex. tax | $225 – $3952 people | Trustee's Motion Record dated July 29-2022 · 9 Aug 2022 | |||||||||||||||||||||||||||||||||||
2 people — RSM Canada Limited, 1 Mar – 31 Aug 2020
| ||||||||||||||||||||||||||||||||||||||||
| RSM Canada LimitedTrusteeperiod 1 of 5 | — | 23.4 | $9,237.00ex. tax | $110 – $5506 people | Trustee's Motion Record dated July 29-2022 · 9 Aug 2022 | |||||||||||||||||||||||||||||||||||
6 people — RSM Canada Limited, —
| ||||||||||||||||||||||||||||||||||||||||
| Date | Document | File |
|---|---|---|
| Receiver's Discharge Certificate | ||
Endorsement of Justice Osborne dated August 9-2022
| ||
Trustee's Motion Record dated July 29-2022
| ||
Approval and Discharge Order dated August 9-2022
| ||
Twenty-Fourth and Final Report of the Trustee dated July 29-2022
| ||
| Approval and Distribution Order dated February 3-2020 | ||
Endorsement of Justice Gilmore dated February 3-2020
| ||
| Trustee’s Motion Record dated January 30-2020 | ||
| Approval Order dated June 19-2019 | ||
Endorsement of Justice Conway dated June 19-2019
| ||
| Trustee’s Motion Record dated June 13-2019 | ||
| Vesting Order for Shared Units dated June 19-2019 | ||
| Twenty-Second Report of the Trustee dated May 31-2019 | ||
| Approval Order dated February 14-2018 | ||
Endorsement of Justice Dunphy dated February 14-2018
| ||
| Trustee's Motion Record dated February 7-2018 | ||
| Twenty-First Report of the Trustee dated February 6-2018 | ||
Substitution Order and Endorsement dated December 5-2017
| ||
| Approval Order dated August 30-2017 | ||
Endorsement of Justice Hainey dated August 30-2017
| ||
| Trustee's Motion Record dated August 17-2017 | ||
| Twelfth Report of the Trustee dated August 10-2016 | ||
Approval Order dated June 14-2017
| ||
Endorsement of Justice Patillo dated June 14-2017
| ||
| Trustee's Motion Record dated June 8-2017 | ||
| Nineteenth Report of the Trustee dated June 8-2017 | ||
Approval Order dated April 21-2017
| ||
| Trustee's Motion Record dated April 13-2017 | ||
| Eighteenth Report of the Trustee dated April 13-2017 | ||
Approval Order dated March 14-2017
| ||
| Endorsement of Justice Hainey dated March 14-2017 | ||
| Trustee's Motion Record dated March 7-2017 | ||
| Seventeenth Report of the Trustee dated March 7-2017 | ||
Endorsement of Justice Wilton-Segal dated February 23-2017
| ||
| Guest Suite Transaction and Administrative Matters Approval Order dated February 23-2017 | ||
| Trustee's Motion Record dated February 15-2017 | ||
| Sixteenth Report of the Trustee dated February 15-2017 | ||
Endorsement of Justice Newbould dated December 16-2016
| ||
Order dated December 16-2016
| ||
| Trustee’s Motion Record dated December 9-2016 | ||
| Fifteenth Report of the Trustee dated December 9-2016 | ||
Endorsement of Justice Hainey dated November 14-2016
| ||
| Lien Claim Payment and Administrative Matters Approval Order dated November 14-2016 | ||
| Trustee's Motion Record dated November 4-2016 | ||
| Fourteenth Report of the Trustee dated November 4-2016 | ||
Endorsement of Justice Hainey dated October 5-2016
| ||
| Responding Factum of the Trustee (Sereen Painting Ltd. Matter) dated October 4-2016 | ||
| Trustee’s Motion Record dated September 23-2016 | ||
| Thirteenth Report of the Trustee dated September 23-2016 | ||
Endorsement of Justice Newbould dated August 16-2016
| ||
Marketing Initiatives and Reserve Transfer Approval Order dated August 16-2016
| ||
| Trustee’s Motion Record dated August 11-2016 | ||
Authorization and Termination Order of APS’ for Units 1407 and 1408 dated July 21-2016
| ||
| Trustee’s Motion Record dated July 18-2016 | ||
| Eleventh Report of the Trustee dated July 15-2016 | ||
| Responding Motion Record of the Trustee dated June 7-2016 | ||
| Tenth Report of the Trustee dated June 7-2016 | ||
| O’Connor Electric Holdback Payment Approval Order dated May 25- 2016 | ||
| Trustee's Motion Record dated May 24-2016 | ||
| Ninth Report of the Trustee dated May 20-2016 | ||
| Loan Amending Agreement Approval Order dated May 10-2016 | ||
Motion Record of MarshallZehr Group Inc. dated May 4-2016 - Part 1
| ||
Motion Record of MarshallZehr Group Inc. dated May 4-2016 - Part 2
| ||
| Motion Record of MarshallZehr Group Inc. dated May 4-2016 - Part 3 | ||
| Eighth Report of the Trustee dated May 6-2016 | ||
Affidavit of Jeff Weller sworn January-13-2016
| ||
| Seventh Report of the Trustee dated January-13-2016 | ||
Endorsement of Justice Mesbur dated January-11-2016
| ||
| Priority Resolution Process Order dated January-11-2016 | ||
Distributions and Other Matters Order dated December 3-2015
| ||
Endorsement of Justice Mesbur dated December 3-2015
| ||
| Trustee's Motion Record dated November 30-2015 | ||
| Sixth Report of the Trustee dated November 30-2015 | ||
Endorsement of Justice Newbould dated November 2-2015
| ||
| Vesting Order Excess Lands dated October 27-2015 | ||
| Approval and Vesting Order (HVAC System) dated October 16-2015 | ||
Authorization to Terminate Certain Sale Transactions Order dated October 16-2015
| ||
Endorsement of Justice Newbould dated October 16-2015
| ||
Interim Distribution and Ancillary Matters Order dated October 16-2015
| ||
| Trustee’s Motion Record dated October 13-2015 | ||
| Responding Factum and Brief of Authorities of William Seegmiller dated October 15-2015 | ||
| Responding Motion Record of William Seegmiller dated October 14-2015 Factum of Certain Unit Purchasers dated October 15-2015 | ||
| Responding Record of Certain Unit Purchasers dated October 14-2015 – Volume 1 | ||
| Responding Record of Certain Unit Purchasers dated October 14-2015 – Volume 2 - Part 1 | ||
| Fifth Report of the Trustee dated October 13-2015 | ||
| Supplement to the Trustee’s Fourth Report dated October 13-2015 | ||
Service List
| ||
| Trustee's Motion Record dated September 25-2015-Part 1 | ||
| Trustee's Motion Record dated September 25-2015-Part 2 | ||
| Fourth Report of the Trustee dated September 25-2015 Part 1 | ||
| Fourth Report of the Trustee dated September 25-2015 Part 2 | ||
| Approval and Interim Distribution Order dated August 5-2015 | ||
Endorsement of Justice Newbould dated August 5-2015
| ||
| Romaniuk Materials-including Motion Record-Interrogatories and Response Record dated July 30-2015 | ||
| Trustee’s Motion Record dated July 30-2015 | ||
| Third Report of the Trustee dated July 30-2015 | ||
Order for Approval of Form of Vesting Order and Directors and Officers Indemnity dated June 26-2015
| ||
| Second Report of the Trustee dated June 23-2015 - Appendices I - P | ||
Order Vacating Lien on City Land dated May 13-2015
| ||
| Approval and 1503 APS Termination Order dated April 30-2015 | ||
Endorsement of Justice McEwen dated April 30-2015
| ||
| Supplement to the First Report of the Trustee dated April 29-2015 | ||
| Approval of Trustee’s First Court Report and Borrowings Order dated April 23-2015 | ||
Brief of Authorities of the Trustee dated April 21-2015
| ||
Construction Lien Claims Process Order dated April 23-2015
| ||
Endorsement of Justice Wilton-Siegel dated April 23-2015
| ||
Factum of the Trustee dated April 21-2015
| ||
| Trustee’s Motion Record dated April 17-2015 | ||
First Report of the Trustee dated April 17-2015
| ||
Application Record dated January-16-2015
| ||
Appointment Order dated January-22-2015
| ||
Endorsement of Justice Penny dated January-22-2015
| ||
Factum of the Applicant re January-22-2015 Hearing
| ||
| Responding Record of Certain Unit Purchasers dated October 14-2015 – Volume 2 - Part 2 | ||
| Brief of Authorities of Certain Unit Purchasers dated October 15-2015 Supplemental Responding Motion Record of William Seegmiller dated October 15-2015 | ||
| Brief of Authorities of the Applicant re January-22-2015 Hearing | ||
| Brief of Authorities of the Trustee dated October 14-2015 | ||
Factum of Sereen Painting Ltd. dated September 13-2016
| ||
Factum of the Trustee dated October 14-2015
| ||
Motion Record of Sereen Painting Ltd. dated April 26-2016
| ||
Reply Motion Record of Sereen Painting Ltd. dated June 16-2016
| ||
| Supplementary Responding Motion Record of the Trustee (Sereen Painting Ltd. Matter) dated October 3-2016 | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “144 Park Ltd.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/144-park-ltd