Motion Record of the Monitor (motion returnable November 10, 2026) — Application / notice of application
1682 Victoria Park Avenue Inc.
- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
- File
- CL-26-00000319-0000
- Industry
- Real estate · Residential development
1682 Victoria Park Avenue Inc. has been in CCAA proceedings in Ontario since July 17, 2026, on an application brought by its fourth mortgagee, Findev Lending Inc., which had issued a demand letter and Notice of Intention to Enforce Security on June 12, 2026 for $22,800,000 plus accruing interest and $11,300 in legal fees, and puts its indebtedness at $24,347,706 as at June 30, 2026 with an anticipated shortfall exceeding $10,000,000. Registered charges rank Windsor Family Credit Union ($24,328,081.23, matured on or about June 30, 2026), Firm Capital ($9,000,000), Westmount ($1,000,000), Findev, then Yonge-Abell ($17,000,000). The Canada Revenue Agency issued a Requirement to Pay on June 9, 2026 for $5,524,569.88 of unremitted HST. Unaudited compiled statements at December 31, 2024 show assets of $113,394,043 against liabilities of $119,204,544, including $11,349,732 in purchasers' deposits.
Approved the sale of the shares in the debtor to Findev Lending Inc. under a September 10, 2026 agreement by way of reverse vesting order, using 1001740770 Ontario Inc. as ResidualCo.
Source: Order of Justice Meyers dated September 15, 2026 (Approval and Reverse Vesting Order)
Second Report of the Monitor dated September 11, 2026 (for motion returnable September 15, 2026) — Court officer report
Supplementary Motion Record of the Applicant (for motion returnable September 15, 2026) — Application / notice of application
Motion record of the Applicant (for motion returnable September 15, 2026) — Application / notice of application
Extended the stay of proceedings to October 15, 2026, on its expiry.
Source: Amended and Restated Initial Order dated July 24, 2026
First Report of the Monitor dated July 23, 2026 (for motion returnable July 24, 2026) — Court officer report
Motion Record of the Applicant (for motion returnable July 24, 2026) — Application / notice of application
Justice Myers granted CCAA protection, appointed Albert Gelman Inc. as Monitor and stayed proceedings to July 24, 2026, with an Administration Charge ranking behind the Windsor, Firm Capital and Westmount Charges.
Book of Authorities of Findev Lending Inc. dated July 15, 2026 — Application / notice of application
Findev Lending Inc. applied for CCAA relief in the Ontario Superior Court of Justice, court file CL-26-00000319-0000, a month after serving its Notice of Intention to Enforce Security.
Source: Application Record of Findev Lending Inc. served July 14, 2026
Case update
1682 Victoria Park: the monitor asks to end the CCAA without a bankruptcy
On November 10 the monitor asks to end the CCAA without bankrupting the residual company left with $5.5 million of HST arrears; Findev Lending had objected to paying the professional fees for that bankruptcy. Justice Myers had written that a bankruptcy would reverse the CRA's priority; the monitor says the company has no assets, so no creditor is prejudiced.
Precedent note
Reversing the Crown's GST/HST trust
Outside insolvency, the Crown's trust for unremitted GST/HST can rank ahead of a lender's security; a bankruptcy or a CCAA ends that priority. Seven 2026 files show lenders choosing their route, and four show the trust that survives both, for payroll source deductions.
Precedent note
On September 15 Justice Myers approved a reverse vesting order while asking whether its reasons were good ones. Across fifteen proceedings this year, the reasons filed come down to permits and licences that take weeks to a year to replace, tax losses and transfer tax, contracts needing consent, a Crown deemed trust, and buyers who would buy no other way.
Outcome brief
1682 Victoria Park: the RVO Justice Myers approved and questioned
Findev Lending takes the shares of its insolvent borrower for about $58.95 million, most of it assumed mortgages and a $25.78 million credit bid. On September 15 Justice Myers approved the reverse vesting order, and in the same reasons asked whether its three justifications were good ones, leaving $5.5 million of HST arrears, two lien claims, a post-stay writ and the unit owners' claims in a residual company.
Case update
1682 Victoria Park: sixty-five unsold, and the lender who did not prime anybody
Findev Lending put its own borrower into CCAA to sell 65 townhouses, took no DIP charge, and let its administration charge rank fourth behind three mortgages. On July 24 Justice Myers extended the stay and told sixteen existing homeowners what they would need to be heard.
Precedent note
A secured creditor that wants a court-supervised sale has two doors: appoint a receiver, or put its own borrower into CCAA. Four 2026 proceedings show lenders choosing the second — and taking radically different positions on how much priority to ask for once inside.
Debtor
1682 Victoria Park Avenue Inc.
Applicant
Findev Lending Inc.
Monitor
Albert Gelman
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Myers | Ontario Superior Court of Justice | 5 orders, Jul 2026 – Sep 2026 | 117 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorAlbert Gelman | Paliare Roland Rosenberg Rothstein LLP | 15 Sep 2026 | Factum · 14 Sep 2026 |
| ApplicantFindev Lending Inc. | Manis Law | 15 Jul 2026 | Factum · 15 Jul 2026 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed trusts (CRA and other) | Canada Revenue Agency · in 985 casesRequirement to Pay issued pursuant to unremitted HST (the "HST Trust Claim") — Deemed trust claim (unremitted HST). Proposed stalking horse credit bid/RVO structure would reverse priority of the HST Trust Claim, conferring benefit to the Applicant, though Applicant will still suffer a shortfall. — debtor: 1682 Victoria Park Avenue Inc. · as of 9 Jun 2026 | $5.52M | Affidavit of Anthony Heller sworn July 13, 2026 |
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 8 | Unsecured |
7 more claims in 2 classes The stack holds Deemed trusts (CRA and other), Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plansSale approvedOrder of Justice Meyers dated September 15, 2026 (Approval and Reverse… · 15 Sep 2026
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Findev Lending Inc.the sale of shares in the Debtor to the Purchaser by way of a reverse vesting order · share sale · ResidualCo: 1001740770 Ontario Inc. · agreement 10 Sep 2026 | not stated | Approved15 Sep 2026 | Order of Justice Meyers dated September 15,… |
Findev Lending Inc.: shortfall.EstimatedFirst Report of the Monitor dated July 23, 2026 (for motion · 23 Jul 2026
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Securedthe Applicant | Findev Lending Inc. | — | shortfall | Estimatedper the monitor | First Report of the Monitor dated July 23, 2026 (for motion · 23 Jul 2026 |
| SecuredWindsor Family Credit Union Limited (WFCU), Firm Capital Mortgage Fund Inc., Westmount Guarantee Services Inc. | Windsor Charge, Firm Capital Charge and Westmount Charge | — | paid in fullconditional | Estimatedper the monitor | First Report of the Monitor dated July 23, 2026 (for motion · 23 Jul 2026 |
| Unsecured | Findev Lending Inc. | — | shortfall | Estimatedper the monitor | Prefiling Report of the Monitor · 14 Jul 2026 |
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 |
|---|---|---|
| Motion Record of the Monitor (motion returnable November 10, 2026) | PDF · Subscribers | |
Third Report of the Monitor dated November 2, 2026
| PDF · Subscribers | |
Endorsement of Justice Meyers dated September 15, 2026
| PDF · Subscribers | |
Order of Justice Meyers dated September 15, 2026 (Approval and Reverse Vesting Order)
| PDF · Subscribers | |
Aide Memoire of the Monitor (for motion returnable September 15, 2026)
| PDF · Subscribers | |
First Supplement to the Second Report of the Monitor dated September 14, 2026 (for motion returnable September 15, 2026)
| PDF · Subscribers | |
| Second Report of the Monitor dated September 11, 2026 (for motion returnable September 15, 2026) | PDF · Subscribers | |
| Supplementary Motion Record of the Applicant (for motion returnable September 15, 2026) | PDF · Subscribers | |
| Motion record of the Applicant (for motion returnable September 15, 2026) | PDF · Subscribers | |
| Service List as of July 27, 2026 | PDF · Subscribers | |
Amended and Restated Initial Order dated July 24, 2026
| PDF · Subscribers | |
Endorsement of Justice Myers dated July 24, 2026
| PDF · Subscribers | |
Factum of the Applicant (for motion returnable July 24, 2026)
| PDF · Subscribers | |
First Report of the Monitor dated July 23, 2026 (for motion returnable July 24, 2026)
| PDF · Subscribers | |
Notice to Creditors re Initial Order dated July 23, 2026
| PDF · Subscribers | |
| Motion Record of the Applicant (for motion returnable July 24, 2026) | PDF · Subscribers | |
| Creditor Listing ($1,000 or more) as at July 20, 2026 | PDF · Subscribers | |
Endorsement of Justice Myers dated July 17, 2026
| PDF · Subscribers | |
Initial Order dated July 17, 2026
| PDF · Subscribers | |
| Book of Authorities of Findev Lending Inc. dated July 15, 2026 | PDF · Subscribers | |
Factum of Findev Lending Inc. dated July 15, 2026
| PDF · Subscribers | |
Application Record of Findev Lending Inc. served July 14, 2026
| PDF · Subscribers | |
Prefiling Report of the Monitor dated July 14, 2026
| PDF · Subscribers | |
Affidavit of Anthony Heller sworn July 13, 2026
| 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., “1682 Victoria Park Avenue Inc.” (CCAA), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/1682-victoria-park-avenue-inc