1703858 Ontario Inc. o/a Memory Care (Burlington) et al.
FollowActive
- Proceeding
- Receivership (court-appointed)BIA s. 243 / prov. Judicature Acts
- Court
- Ontario Superior Court of Justice · Commercial List
- File
- CV-17-11689-00CL
OverviewSummary updated
1703858 Ontario Inc. o/a Memory Care (Burlington) et al. are in a court-appointed receivership commenced on 28 April 2017 in the Ontario Superior Court of Justice, under section 243 of the Bankruptcy and Insolvency Act. The Superintendent of Financial Services applied, and KSV Kofman Inc. was appointed receiver and manager. The proceeding is carried on court files CV-16-11567-00CL, CV-17-11689-00CL and CV-17-11805-00CL, and on file 533/17 in the Divisional Court.
Proceedings AIAsk this case — answers cite the filings
Case updates161 dated entries
158 earlier updates, back to 28 April 2017 — subscribers.
Parties
Debtor
1703858 Ontario Inc. o/a Memory Care (Burlington)
Debtor
Memory Care Investments (Kitchener) Ltd.
Debtor
Memory Care Investments (Oakville) Ltd.
Debtor
Textbook (525 Princess Street) Inc.
Debtor
Textbook (555 Princess Street) Inc.
Trustee in bankruptcy
AlixPartners
Receiver
KSV
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Myers | Ontario Superior Court of Justice | 28 orders, Apr 2017 – May 2019 | 103 cases on record |
| Justice Hainey | Ontario Superior Court of Justice | 8 orders, Jan 2019 – May 2021 | 196 cases on record |
| Justice Conway | Ontario Superior Court of Justice | 6 orders, Aug 2018 – Sep 2025 | 285 cases on record |
| Justice Wilton-Siegel | Ontario Superior Court of Justice | 2 orders, Apr 2017 – May 2017 | 104 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverKSV | Bennett Jones LLP · Nett Jones LLP | 19 Dec 2017 | Application · 17 May 2018 |
| Trustee in bankruptcy | Aird & Berlis LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| Applicant | Bennett Jones LLP | 31 Aug 2017 | Order · 31 Aug 2017 |
| Debtor1703858 Ontario Inc. o/a Memory Care (Burlington) | Minden Gross LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorComputershare Trust Company of Canada | Tobias LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorDowning Street Financial Inc | Blaney McMurtry LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorGrant Thornton Limited, solely | Aird & Berlis LLP · Bennett Jones LLP | 2 May 2019 | Order · 2 May 2019 |
| CreditorIBI Group Architects (Canada) Inc., IBI Group Professional Services (Canada) Inc | McLauchlin &associates | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorJohn Davies and Aeolian Investments Ltd | Dentons Canada LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorLeeswood Design Build Ltd | Dla Piper Canada LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| Creditorlien claimant, Triaxis Construction Limited | Battiston & Associates | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorSarah Kranc personally and as Estate for the Estate of Harry Kranc | Marciano Beckenstein LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorTier 1 Transaction Advisory Services Inc | Davies Ward Phillips & Vineberg LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorTrisura Guarantee Insurance Company | Borden Ladner Gervais LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
| CreditorVector Financial Services Limited | Garfinkle, Biderman LLP | 22 Nov 2017 | Service list · 22 Nov 2017 |
Capital structureAs asserted in the filings
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Kingsett Mortgage Corporation · in 28 casesTwo mortgages registered on title to the Ottawa Property (256 Rideau Street and 211 Besserer Street, Ottawa) totalling $8.25 million, registered November 6, 2015 — Rideau is not a Companies/Davies Developer subject to these receivership proceedings; component charges are $2,750,000 (OC1738363) each per title search — debtor: Textbook (256 Rideau Street) Inc. · as of 6 Nov 2015 | $8.25M | Third Report of the Receiver dated May 16, 2017 |
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
10 transactions · 8 closed · 2 approved — Multiple Receivership Projects sold via Court-approved marketing and sale processesTwenty-First Report of the Receiver dated May 5, 2021 - Part 1 of 3 · 5 May 2021
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Revera Inc.the Purchased Assets · real property · nominee/assignee: 2603849 Ontario Limited · agreement 10 Oct 2017 | Sealed | Approved14 Nov 2017 | Approval and Vesting Order dated November 14,… |
| 2609466 Ontario Inc.all the Receiver's and the Debtor's right, title and interest in and to the property described as the "Purchased Assets" in the Sale Agreement · real property · agreement 31 Oct 2017 | not stated | Approved19 Dec 2017 | Approval and Vesting Order dated December 19,… |
| purchaser of Scollard's real property, unnamedScollard's real property · real property | Subscribers | Closeddate not stated | Twenty-First Report of the Receiver dated May… |
| purchaser of Vaughan Crossings' real property, unnamedVaughan Crossings' real property · real property | Subscribers | Closeddate not stated | Twenty-First Report of the Receiver dated May… |
| purchaser of Legacy Lane's real property, unnamedLegacy Lane's real property · real property | Subscribers | Closeddate not stated | Twenty-First Report of the Receiver dated May… |
| purchaser of 525 Princess' real property, unnamed525 Princess' real property · real property | Subscribers | Closed | Twenty-First Report of the Receiver dated May… |
| purchaser of 555 Princess' real property, unnamed555 Princess' real property · real property | Subscribers | Closeddate not stated | Twenty-First Report of the Receiver dated May… |
| purchaser of 445 Princess' real property, unnamed445 Princess' applicable real property · real property | Subscribers | Closeddate not stated | Twenty-First Report of the Receiver dated May… |
| purchaser of McMurray's real property, unnamed, private sale by prior-ranking mortgageeMcMurray's real property · real property | Subscribers | Closeddate not stated | Twenty-First Report of the Receiver dated May… |
| purchaser of Ross Park's real property, unnamedRoss Park's real property · real property | Subscribers | Closeddate not stated | Twenty-First Report of the Receiver dated May… |
Closing termsVesting occurs upon delivery of the Receiver's Certificate confirming payment of the purchase price and satisfaction of closing conditions.Approval and Vesting Order dated November 14, 2017
Sealed materialsConfidential Appendices to the Eighth ReportApproval and Vesting Order dated November 14, 2017
RecoveriesAs declared or paid
217: paid in full.Motion Record of the Receiver returnable September 17, 2018 - Part 2 of… · 17 Sep 2018
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | 217 | — | paid in full | — | Motion Record of the Receiver returnable September 17, 2018 - Part 2 of… · 17 Sep 2018 |
| Secured | Firm Capital | — | paid in full | Final | Motion Record · 2 May 2017 |
| Secured | Guildwood | — | paid in full | per the receiver | Twenty-First Report of the Receiver dated May 5, 2021 - Part 1 of 3 · 5 May 2021 |
| Secured | Hazelton | — | paid in full | Finalper the receiver | Twenty-First Report of the Receiver dated May 5, 2021 - Part 1 of 3 · 5 May 2021 |
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
2 engagements · 2 firms — latest: Bennett Jones LLP, —Motion Record of the Receiver returnable September 17, 2018 - Part 1 of… · 17 Sep 2018
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Bennett Jones LLPCounsel to the receiver | — | — | — | ••• | Motion Record of the Receiver returnable September 17, 2018 - Part 1 of… · 17 Sep 2018 |
| KSV Restructuring Inc.Receiver | — | — | — | ••• | Motion Record of the Receiver returnable September 17, 2018 - Part 1 of… · 17 Sep 2018 |
Documents
161 filings
| Date | Document | File |
|---|---|---|
| Twenty-Fourth Report of the Receiver dated March 31, 2026 | PDF · Subscribers | |
Ancillary Order dated September 9, 2025
| PDF · Subscribers | |
Endorsement of Justice Conway dated September 9, 2025
| PDF · Subscribers | |
Joint Order re Stewart and Harris Settlement Approval dated September 9, 2025
| PDF · Subscribers | |
Receiver's Activity and Fee Approval Order dated September 9, 2025
| PDF · Subscribers | |
| Joint Factum of the Receiver and the Trustee, KSV Restructuring Inc. and Grant Thornton Limited dated August 28, 2025 | PDF · Subscribers | |
| Motion Record of the Court-appointed Receiver, KSV Restructuring Inc. dated August 28, 2025 | PDF · Subscribers | |
| Motion Record of the Trustee, Grant Thornton Limited dated August 28, 2025 | PDF · Subscribers | |
| Twenty-Third Report of the Receiver dated August 28, 2025 | PDF · Subscribers | |
Endorsement of Justice Conway dated March 5, 2025
| PDF · Subscribers | |
| Aide Memoire of the Trustee and Receiver re Case Conference on January 30, 2024 | PDF · Subscribers | |
| Twenty-Second Report of the Receiver dated April 12, 2023 | PDF · Subscribers | |
Ancillary Order dated May 13, 2021
| PDF · Subscribers | |
Court Order dated May 13, 2021
| PDF · Subscribers | |
| Settlement Approval Order dated May 13, 2021 | PDF · Subscribers | |
Settlement Approval Order re Elliott Defendants dated May 13, 2021
| PDF · Subscribers | |
Twenty-First Report of the Receiver dated May 5, 2021 - Part 1 of 3
| PDF · Subscribers | |
| Twenty-First Report of the Receiver dated May 5, 2021 - Part 2 of 3 | PDF · Subscribers | |
| Twenty-First Report of the Receiver dated May 5, 2021 - Part 3 of 3 | PDF · Subscribers | |
| Ancillary Order dated July 14, 2020 | PDF · Subscribers | |
Endorsement of Justice Hainey dated July 14, 2020
| PDF · Subscribers | |
| Joint Book of Authorities of the Trustee and Receiver returnable July 14, 2020 | PDF · Subscribers | |
| Joint Factum of the Trustee and Receiver returnable July 14, 2020 | PDF · Subscribers | |
| Motion Record of the Trustee returnable July 14, 2020 | PDF · Subscribers | |
| Settlement Approval Order dated July 14, 2020 | PDF · Subscribers | |
| Twentieth Report of the Receiver dated July 2, 2020 | PDF · Subscribers | |
| Ancillary Order dated November 18, 2019 | PDF · Subscribers | |
Endorsement of Justice Hainey dated November 18, 2019
| PDF · Subscribers | |
| Motion Record of the Trustee returnable November 18, 2019 | PDF · Subscribers | |
| Settlement Approval Order dated November 18, 2019 | PDF · Subscribers | |
| Joint Book of Authorities of the Trustee and Receiver dated November 5, 2019 | PDF · Subscribers | |
| Joint Factum of the Trustee and Receiver dated November 5, 2019 | PDF · Subscribers | |
| Nineteenth Report of the Receiver dated November 1, 2019 | PDF · Subscribers | |
| Book of Authorities returnable May 29, 2019 | PDF · Subscribers | |
| Factum of the Moving Parties returnable May 29, 2019 | PDF · Subscribers | |
| Motion Record of the Moving Parties for a Motion returnable May 29, 2019 | PDF · Subscribers | |
| Book of Authorities of the Moving Parties for a Motion returnable May 2, 2019 | PDF · Subscribers | |
| Factum of the Moving Parties for a Motion returnable May 2, 2019 | PDF · Subscribers | |
| Motion Record of the Moving Parties returnable May 2, 2019 | PDF · Subscribers | |
Settlement Approval Order dated May 2, 2019
| PDF · Subscribers | |
| Eighteenth Report of the Receiver dated April 24, 2019 | PDF · Subscribers | |
Court Order dated April 15, 2019
| PDF · Subscribers | |
Motion Record returnable April 15, 2019
| PDF · Subscribers | |
| Motion Record of the Receiver (Motion to Adduce Fresh Evidence on Appeal) returnable April 3, 2019 | PDF · Subscribers | |
| Seventeenth Report of the Receiver dated March 18, 2019 | PDF · Subscribers | |
| Motion Record returnable February 25, 2019 | PDF · Subscribers | |
| Sixteenth Report of the Receiver dated February 11, 2019 | PDF · Subscribers | |
| Court Order dated January 31, 2019 | PDF · Subscribers | |
| Endorsement of Justice Penny dated January 31, 2019 | PDF · Subscribers | |
Court Order dated dated January 18, 2019
| PDF · Subscribers | |
| Endorsement of Justice Hainey dated January 18, 2019 | PDF · Subscribers | |
| Fifteenth Report of the Receiver dated January 16, 2019 | PDF · Subscribers | |
Ancillary Order dated November 26, 2018
| PDF · Subscribers | |
| Approval and Vesting Order dated November 26, 2018 | PDF · Subscribers | |
Endorsement of Justice Myers dated November 26, 2018
| PDF · Subscribers | |
| Motion Record of the Receiver returnable November 26, 2018 - Volume 1 of 2 | PDF · Subscribers | |
| Motion Record of the Receiver returnable November 26, 2018 - Volume 2 of 2 | PDF · Subscribers | |
| Fourteenth Report of the Receiver dated November 21, 2018 | PDF · Subscribers | |
Court Order dated November 14, 2018
| PDF · Subscribers | |
| Endorsement dated October 22, 2018 | PDF · Subscribers | |
| Book of Authorities of the Respondent dated October 17, 2018 | PDF · Subscribers | |
| Factum of the Respondent dated October 17, 2018 | PDF · Subscribers | |
| Factum of John Davies and Aeolian Investments Ltd. dated October 12, 2018 | PDF · Subscribers | |
| Motion Record of John Davies and Aeolian Investments Ltd. dated October 12, 2018 - Part 2 of 2 | PDF · Subscribers | |
Motion Record of John Davies and Aeolian Investments Ltd. dated October 12, 2018 Part 1 of 2
| PDF · Subscribers | |
Court Order dated September 18, 2018
| PDF · Subscribers | |
Ancillary Order dated September 17, 2018
| PDF · Subscribers | |
| Approval and Vesting Order dated September 17, 2018 | PDF · Subscribers | |
Endorsement of Justice Myers dated September 17, 2018
| PDF · Subscribers | |
Motion Record of the Receiver returnable September 17, 2018 - Part 1 of 2
| PDF · Subscribers | |
Motion Record of the Receiver returnable September 17, 2018 - Part 2 of 2
| PDF · Subscribers | |
Third Amended and Restated Order dated September 17, 2018
| PDF · Subscribers | |
| Thirteenth Report of the Receiver dated September 10, 2018 | PDF · Subscribers | |
| Court Order dated August 23, 2018 | PDF · Subscribers | |
Endorsement of Justice Conway dated August 23, 2018
| PDF · Subscribers | |
| Motion Record of John Davies returnable August 23, 2018 | PDF · Subscribers | |
Court Order dated May 30, 2018
| PDF · Subscribers | |
Endorsement of Justice Myers dated May 30, 2018
| PDF · Subscribers | |
| Motion Record of the Receiver returnable May 30, 2018 | PDF · Subscribers | |
Motion Record of the Receiver returnable May 30, 2018.
| PDF · Subscribers | |
| Motion Record of the Trustee returnable May 30, 2018 | PDF · Subscribers | |
Settlement Approval Order dated May 30, 2018
| PDF · Subscribers | |
| Eleventh Report of the Receiver dated May 17, 2018 | PDF · Subscribers | |
Motion Record of the Receiver dated May 17, 2018
| PDF · Subscribers | |
| Twelfth Report of the Receiver dated May 17, 2018 | PDF · Subscribers | |
| Book of Authorities of the Responding Party dated April 30, 2018 | PDF · Subscribers | |
| Factum of the Respondent dated April 30, 2018 | PDF · Subscribers | |
Factum Of John Davies and Aeolian Investments Ltd. dated February 28, 2018
| PDF · Subscribers | |
| Appellants' Certificate dated January 29, 2018 | PDF · Subscribers | |
| Notice of Appeal dated January 29, 2018 | PDF · Subscribers | |
Ancillary Order dated December 19, 2017
| PDF · Subscribers | |
Approval and Vesting Order dated December 19, 2017
| PDF · Subscribers | |
| Court Order dated December 19, 2017 | PDF · Subscribers | |
Endorsement of Justice Myers dated December 19, 2017
| PDF · Subscribers | |
Motion Record of the Receiver returnable December 19, 2017
| PDF · Subscribers | |
| Motion Record of John Davies and Aeolian Investments Ltd. dated December 13, 2017 | PDF · Subscribers | |
| Tenth Report of the Receiver dated December 13, 2017 | PDF · Subscribers | |
| Court Order dated November 22, 2017 re sale of 525 Princess | PDF · Subscribers | |
| Court Order dated November 22, 2017 re sale of 555 Princess | PDF · Subscribers | |
Endorsement of Justice Myers dated November 22, 2017
| PDF · Subscribers | |
| Motion Record of the Receiver returnable November 22, 2017 | PDF · Subscribers | |
Service List as at November 22, 2017
| PDF · Subscribers | |
| Ninth Report of the Receiver dated November 16, 2017 | PDF · Subscribers | |
Approval and Vesting Order dated November 14, 2017
| PDF · Subscribers | |
Endorsement of Justice Myers dated November 14, 2017
| PDF · Subscribers | |
| Motion Record returnable November 14, 2017 | PDF · Subscribers | |
| Reply Factum of John Davies and Aeolian dated November 9, 2017 | PDF · Subscribers | |
| Costs award against John Davies dated November 8, 2017 | PDF · Subscribers | |
| Eighth Report of the Receiver dated November 6, 2017 | PDF · Subscribers | |
| Cost submission of KSV Kofman Inc. dated November 1, 2017 | PDF · Subscribers | |
Endorsement of Justice Myers dated October 24, 2017
| PDF · Subscribers | |
| Motion Record of John Davies and Aeolian Investments Ltd. dated October 13, 2017 - Volume 1 of 5 | PDF · Subscribers | |
| Motion Record of John Davies and Aeolian Investments Ltd. dated October 13, 2017 - Volume 2 of 5 | PDF · Subscribers | |
| Motion Record of John Davies and Aeolian Investments Ltd. dated October 13, 2017 - Volume 3 of 5 | PDF · Subscribers | |
| Motion Record of John Davies and Aeolian Investments Ltd. dated October 13, 2017 - Volume 4 of 5 | PDF · Subscribers | |
| Motion Record of John Davies and Aeolian Investments Ltd. dated October 13, 2017 - Volume 5 of 5 | PDF · Subscribers | |
Endorsement of Justice Myers dated October 3, 2017
| PDF · Subscribers | |
Unofficial Transcript of Justice Myers' Endorsement re Costs of Mareva Motion dated October 3, 2017
| PDF · Subscribers | |
| Notice of Motion for Leave to Appeal dated September 13, 2017 | PDF · Subscribers | |
Costs endorsement of Justice Myers dated August 31, 2017
| PDF · Subscribers | |
Court Order re Mareva injunction dated August 31, 2017
| PDF · Subscribers | |
| Court Order re leave to amend statement of claim dated August 31, 2017 | PDF · Subscribers | |
| Fresh as Amended Notice of Action dated August 31, 2017 | PDF · Subscribers | |
| Fresh as Amended Statement of Claim dated August 31, 2017 | PDF · Subscribers | |
Endorsement of Justice Myers dated August 30, 2017
| PDF · Subscribers | |
| Factum of the Plaintiff returnable August 30, 2017 | PDF · Subscribers | |
| Supplementary Motion Record of the Plaintiff returnable August 30, 2017 | PDF · Subscribers | |
| Supplement to the Sixth Report of the Receiver dated August 8, 2017 | PDF · Subscribers | |
| Motion Record returnable August 3, 2017 | PDF · Subscribers | |
| Affidavit of John Davies sworn July 27, 2017 | PDF · Subscribers | |
| Seventh Report of the Receiver dated July 24, 2017 | PDF · Subscribers | |
Court Order dated July 17, 2017
| PDF · Subscribers | |
Endorsement of the Honourable Justice Myers July 17, 2017
| PDF · Subscribers | |
| Factum of the Plaintiff returnable July 17, 2017 | PDF · Subscribers | |
| Motion Record returnable July 17, 2017 Volume 1 of 2 | PDF · Subscribers | |
| Motion Record returnable July 17, 2017 Volume 2 of 2 | PDF · Subscribers | |
| Unofficial Transcript of the Honourable Justice Myers' Endorsement dated July 17, 2017 | PDF · Subscribers | |
Affidavit of John Davies sworn July 14, 2017
| PDF · Subscribers | |
| Sixth Report of the Receiver dated July 12, 2017 | PDF · Subscribers | |
| Court Order dated June 30, 2017 | PDF · Subscribers | |
| Endorsement dated June 30, 2017 | PDF · Subscribers | |
| Motion Record returnable June 30, 2017 | PDF · Subscribers | |
| Fifth Report of the Receiver dated June 26, 2017 | PDF · Subscribers | |
Court Order dated June 16, 2017
| PDF · Subscribers | |
Endorsement of Justice Myers dated June 16, 2017
| PDF · Subscribers | |
Motion Record returnable June 16, 2017
| PDF · Subscribers | |
| Factum of the Plaintiff returnable June 7, 2017 | PDF · Subscribers | |
| Freeze Order for Aeolian Investments Ltd. and John Evan Davies dated June 7, 2017 | PDF · Subscribers | |
| Notice of Motion returnable June, 7 2017 | PDF · Subscribers | |
| Fourth Report of the Receiver dated June 6, 2017 | PDF · Subscribers | |
| Notice of Action issued June 6, 2017 | PDF · Subscribers | |
Court Order dated May 17, 2017
| PDF · Subscribers | |
| Book of Authorities of the Plaintiff returnable May 16, 2017 | PDF · Subscribers | |
| Factum of the Plaintiff returnable May 16, 2017 | PDF · Subscribers | |
Motion Record returnable May 16, 2017
| PDF · Subscribers | |
Third Report of the Receiver dated May 16, 2017
| PDF · Subscribers | |
Court Order dated May 2, 2017
| PDF · Subscribers | |
Endorsement of Justice Myers dated May 2, 2017
| PDF · Subscribers | |
Motion Record returnable May 2, 2017
| PDF · Subscribers | |
Appointment Order dated April 28, 2017
| PDF · Subscribers | |
Endorsement of Justice Myers dated April 28, 2017
| 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., “1703858 Ontario Inc. o/a Memory Care (Burlington) et al.” (Receivership (court-appointed)), Ontario Superior Court of Justice · Commercial List. Retrieved 20 September 2026, https://proceedings.ca/case/1703858-ontario-inc-o-a-memory-care-burlington