1496765 Ontario Ltd. et al.
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-18-00602537-00CL
1496765 Ontario Ltd. et al. were placed in a court-appointed receivership on the application of Bank of Montreal, filed on 31 July 2018 in the Ontario Superior Court of Justice under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act. RSM Canada Limited was appointed receiver and manager by order made on 29 August 2018. Bank of Montreal was stated as a secured creditor for $2,628,839 and SDM Construction Inc. for $2,549,484. The proceeding was carried on court file CV-18-00602537-00CL.
Supplemental Report to the First Report of the Receiver dated April 24, 2019 — Court officer report
RSM, Book of Authorities, motion returnable April 12, 2019 — Application / notice of application
Responding Motion Record of 2495087 Ontario Inc et al dated February 28, 2019 — Response / objection pleading
Book of Authorities of the Receiver dated February 19, 2019 — Application / notice of application
The receivership order of 29 August 2018 appointed RSM Canada Limited as receiver and manager.
The court appointed RSM Canada Limited as receiver and manager, on the application of BANK OF MONTREAL. Court file CV-18-00602537-00CL.
The court appointed RSM Canada Limited as receiver and manager, on the application of BANK OF MONTREAL. Court file CV-18-00602537-00CL.
The court appointed RSM Canada Limited as receiver and manager, on the application of BANK OF MONTREAL. Court file CV-18-00602537-00CL.
Bank of Montreal filed its application for the appointment of a receiver on 31 July 2018.
Source: Application record returnable August 24, 2018, Volume I of II
A companion application was filed on the same day, 31 July 2018.
Source: Application record returnable August 24, 2018, Volume II of II
Application record returnable August 24, 2018, Volume I of II was filed. Court file CV-18-00602537-00CL.
Source: Application record returnable August 24, 2018, Volume I of II
Application record returnable August 24, 2018, Volume I of II was filed. Court file CV-18-00602537-00CL.
Source: Application record returnable August 24, 2018, Volume I of II
Application record returnable August 24, 2018, Volume I of II was filed. Court file CV-18-00602537-00CL.
Source: Application record returnable August 24, 2018, Volume I of II
Application record returnable August 24, 2018, Volume II of II was filed. Court file CV-18-00602537-00CL.
Source: Application record returnable August 24, 2018, Volume II of II
Application record returnable August 24, 2018, Volume II of II was filed. Court file CV-18-00602537-00CL.
Source: Application record returnable August 24, 2018, Volume II of II
Application record returnable August 24, 2018, Volume II of II was filed. Court file CV-18-00602537-00CL.
Source: Application record returnable August 24, 2018, Volume II of II
Undated filings1 — no date appears on the document · show
Debtor
1496765 Ontario Ltd.
Debtor
1527020 Ontario Inc.
Debtor
2495087 Ontario Inc.
Debtor
2496800 Ontario Inc.
Receiver
TDB Restructuring
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Hainey | Ontario Superior Court of Justice | 3 orders, Aug 2018 – Sep 2019 | 196 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverTDB Restructuring | Rothstein LLP | 6 Jan 2020 | Application · 6 Jan 2020 |
| CreditorRSM Canada Limited | Rothstein LLP | 19 Feb 2019 | Factum · 19 Feb 2019 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed trusts (CRA and other) | Canada Revenue Agency · in 926 casesDeemed trust (HST, estimated) — Deemed trust class claim; estimated figure — debtor: 1496765 Ontario Ltd. (Etobicoke) · as of 14 Sep 2018 | $44.1K | First Report of the Receiver dated February 13, 2019 |
| 3 | Deemed trusts (CRA and other) | Canada Revenue Agency · in 926 casesDeemed trust (HST, Notice of Assessment) — Deemed trust class claim; estimated HST liability per Notice of Assessment for period Nov 1, 2016 to Aug 29, 2018 — debtor: 2496800 Ontario Inc. (Goderich) · as of 10 Jan 2019 | $26.2K | First Report of the Receiver dated February 13, 2019 |
| 3 | Deemed trusts (CRA and other) | Canada Revenue Agency · in 926 casesDeemed trust (HST) — Deemed trust class claim — debtor: Sunshine Propane Inc. · as of 14 Sep 2018 | $2.19K | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Bank of Montreal · in 279 casesFirst mortgage over Burlington Property; general assignment of rents; general security agreement; PPSA registrations — Prior indebtedness at July 27, 2018 reported as $2,531,062.35 (prose approximation); includes advances under Receiver Certificates. — debtor: 1651033 Ontario Ltd. (Burlington) · as of 4 Feb 2019 | $2.63M | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | SDM Construction Inc.Construction Lien registered as instrument No. HR1568135 — Amount is registered lien amount. — debtor: 1651033 Ontario Ltd. (Burlington) · as of 31 Aug 2018 | $2.55M | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Bank of Montreal · in 279 casesPPSA registrations; mortgage security — Prior indebtedness at July 27, 2018 reported as $2,291,385.27 (prose approximation); includes advances under Receiver Certificates. — debtor: 2495087 Ontario Inc. (Port Elgin) · as of 4 Feb 2019 | $2.48M | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Bank of Montreal · in 279 casesFirst mortgage over Etobicoke Property; general assignment of rents; general security agreement; PPSA registrations — Prior indebtedness at July 27, 2018 reported as $2,083,285.97 (prose approximation); BMO statement amount includes advances under Receiver Certificates. Personal guarantee also from Sunshine Propane Inc. — debtor: 1496765 Ontario Ltd. (Etobicoke) · as of 4 Feb 2019 | $2.23M | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Bank of Montreal · in 279 casesPPSA registrations; mortgage security — Prior indebtedness at July 27, 2018 reported as $1,674,920.93 (prose approximation); includes advances under Receiver Certificates. — debtor: 2496800 Ontario Inc. (Goderich) · as of 4 Feb 2019 | $1.81M | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Bank of Montreal · in 279 casesFirst mortgage over Port Colborne Property; PPSA registrations — Prior indebtedness at July 27, 2018 reported as $1,411,643.42 (prose approximation); includes advances under Receiver Certificates. — debtor: 1527020 Ontario Inc. (Port Colborne) · as of 4 Feb 2019 | $1.54M | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | 10831824 Canada Inc.Charge/Mortgage registered as instrument No. AT4886114 (registered/original principal amount) — Amount is registered principal, not confirmed outstanding balance ('Amounts as registered'). — debtor: 1496765 Ontario Ltd. (Etobicoke) · as of 14 Jun 2018 | $572K | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Her Majesty in right of Ontario, represented by the Minister of Financeas of PPSA/Title search date (2018-09-06) — PPSA registration — Regulatory/provincial claim; amount as registered. — debtor: Sunshine Propane Inc. | $137K | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Roynat Inc. · in 47 casesas of PPSA search date (2018-09-06) — PPSA registration — No amount registered/stated. — debtor: Sunshine Propane Inc. | — | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Bank of Montreal · in 279 casesas of PPSA search date (2018-09-06) — PPSA registration; guarantee of 1496765 (Etobicoke) and 1651033 (Burlington) obligations — No amount registered/stated for Sunshine's PPSA registration; Sunshine is guarantor of Etobicoke and Burlington debt. — debtor: Sunshine Propane Inc. | — | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Merchant Advance Capital · in 6 casesas of PPSA search date (2018-09-06) — PPSA registration — No amount registered/stated. — debtor: Sunshine Propane Inc. | — | First Report of the Receiver dated February 13, 2019 |
| 4 | Secured | Thinking Capital · in 5 casesas of PPSA search date (2018-09-06) — PPSA registration — No amount registered/stated. — debtor: Sunshine Propane Inc. | — | First Report of the Receiver dated February 13, 2019 |
| 8 | Unsecured | Canada Revenue Agency · in 926 casesas of CRA correspondence September 2018 — Deemed trust claim; estimated figure — debtor: 1496765 Ontario Ltd. (Etobicoke) | $44.1K | First Report of the Receiver dated February 13, 2019 |
| 8 | Unsecured | Canada Revenue Agency · in 926 casesDeemed trust claim; estimated assessment — debtor: 2496800 Ontario Inc. (Goderich) · as of 10 Jan 2019 | $26.2K | First Report of the Receiver dated February 13, 2019 |
| 8 | Unsecured | Canada Revenue Agency · in 926 casesas of CRA correspondence September 2018 — Deemed trust claim — debtor: 1496765 Ontario Ltd. (Etobicoke) | $2.6K | First Report of the Receiver dated February 13, 2019 |
| 8 | Unsecured | Canada Revenue Agency · in 926 casesas of CRA correspondence September 2018 — Deemed trust claim — debtor: Sunshine Propane Inc. | $2.19K | First Report of the Receiver dated February 13, 2019 |
| 8 | Unsecured | Canada Revenue Agency · in 926 casesas of CRA correspondence September 2018 — Deemed trust claim — debtor: Sunshine Propane Inc. | $966 | First Report of the Receiver dated February 13, 2019 |
| 8 | Unsecured | 1527020 Ontario Inc. (Port Colborne) - HST accountThis is a credit (not owing) withheld by CRA due to non-filing of corporate tax returns 2010-2018; included for completeness though it is a credit, not a liability. — debtor: 1527020 Ontario Inc. (Port Colborne) | $-7.92K | First Report of the Receiver dated February 13, 2019 |
| 8 | Unsecured | Canada Revenue Agency (1527020 Port Colborne HST account) · in 926 casesThis is a credit owed TO the debtor, not a liability; not up-to-date returns 2010-2018 — debtor: 1527020 Ontario Inc. (Port Colborne) | $-7.92K | First Report of the Receiver dated February 13, 2019 |
| 8 | Unsecured | Canada Revenue Agency · in 926 casesas of 2018-09-14/19 (CRA correspondence) — Credit balance (owed to debtor), not a liability; withheld pending non-filed corporate tax returns 2010-2018. — debtor: 1527020 Ontario Inc. (Port Colborne) | $-7.92K | First Report of the Receiver dated February 13, 2019 |
“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.
Closed · the record states no distribution outcome.
2 engagements · 1 firm — latest: Paliare Roland Rosenberg Rothstein LLP, to 30 Sep 2019Motion record returnable January 6, 2020, Part 3 · 6 Jan 2020
| Firm | Period | Hours | Fees | Rates | Source | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Paliare Roland Rosenberg Rothstein LLPCounselperiod 2 of 2 | to 30 Sep 2019 | — | — | not stated | Motion record returnable January 6, 2020, Part 3 · 6 Jan 2020 | |||||||||||||||
0 people — Paliare Roland Rosenberg Rothstein LLP, to 30 Sep 2019
| ||||||||||||||||||||
| Paliare Roland Rosenberg Rothstein LLPCounselperiod 1 of 2 | — | — | — | not stated | Motion record returnable January 6, 2020, Part 3 · 6 Jan 2020 | |||||||||||||||
0 people — Paliare Roland Rosenberg Rothstein LLP, —
| ||||||||||||||||||||
| Date | Document | File |
|---|---|---|
| Endorsement dated January 6, 2020 | ||
| Motion record returnable January 6, 2020, Part 1 | ||
Motion record returnable January 6, 2020, Part 2
| ||
Motion record returnable January 6, 2020, Part 3
| ||
| Order dated January 6, 2020 | ||
| Approval and Vesting Order (Goderich) dated September 25, 2019 | ||
| Motion record returnable September 25, 2019 | ||
Order of Justice Hainey dated September 25, 2019
| ||
| Fourth Report of the Receiver dated September 13, 2019 | ||
| Motion Record returnable July 29, 2019 | ||
Order and endorsement of Justice Conway dated July 29, 2019
| ||
| Third Report of the Receiver dated July 23, 2019 | ||
| Amended Approval and Vesting Order dated April 25, 2019 | ||
Order and endorsement of Justice Hainey dated April 25, 2019
| ||
| Supplemental Report to the First Report of the Receiver dated April 24, 2019 | ||
| Approval and Vesting Order dated April 12, 2019 | ||
Motion Record returnable April 12, 2019
| ||
Order of Justice Chiappetta dated April 12, 2019
| ||
| RSM, Book of Authorities, motion returnable April 12, 2019 | ||
| Second Report of the Receiver dated March 29, 2019 | ||
| Amended Approval & Vesting Order dated March 21, 2019 | ||
| Amended March 4, 2019 Distribution Order | ||
| Approval and Vesting Order (Burlington) dated March 4, 2019 | ||
| Approval and Vesting Order (Etobicoke) dated March 4, 2019 | ||
| Approval and Vesting Order (Port Colborne) dated March 4, 2019 | ||
| Distribution Order dated March 4, 2019 | ||
| Endorsement dated March 4, 2019 | ||
| Factum of 2495087 Ontario Inc et al dated February 28, 2019 | ||
| Responding Motion Record of 2495087 Ontario Inc et al dated February 28, 2019 | ||
| Endorsement dated February 21, 2019 | ||
| Motion record returnable February 21, 2019 | ||
| Book of Authorities of the Receiver dated February 19, 2019 | ||
Factum of the Receiver dated February 19, 2019
| ||
First Report of the Receiver dated February 13, 2019
| ||
Receivership Order dated August 29, 2018
| ||
Application record returnable August 24, 2018, Volume I of II
| ||
Application record returnable August 24, 2018, Volume II of II
| ||
| Service List as of July 30, 2018 | ||
| Receiver's Discharge Certificate | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “1496765 Ontario Ltd. et al.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/1496765-ontario-ltd