Motion Record of the Receiver (returnable September 18, 2026) — Application / notice of application
177 Cross Argus Development Inc.
- Proceeding
- NOIsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CL-25-00753599-0000
- Industry
- Real estate
177 Cross Argus Development Inc. filed a notice of intention to make a proposal under section 50.4 of the BIA on October 2, 2025 in Ontario, and the proceeding remains active. The debtor acquired 177-185 Cross Avenue and 580 Argus Road in Oakville for $53,000,000 on or around March 15, 2023, financed by vendor-take-back first and second mortgages from 915643 Ontario Inc. registered at $31,800,000 and $5,300,000; approximately $39,622,030 including accrued interest was owing as of October 28, 2025. A $5,000,000 third mortgage held by Aarti Real Estate Enterprises Inc. and Mayuri Ventures Inc. matured in 2024, and the third mortgagee obtained default judgment on March 5, 2025. Its September 30, 2025 notices of attornment of rents and direction to pay were declared null and void by order dated October 30, 2025, the mortgagee being found subject to the BIA stay.
The claims bar date has passed — claims were due by
Per the Priority Claims Procedure Order dated January 20, 2026 dated 20 January 2026.
Third Report confirmed the sale closed April 22, 2026 at 4:12pm; the receiver held approximately $88,000 as at August 31, 2026 and is winding down before seeking its discharge.
Source: Third Report of the Receiver dated September 11, 2026
Approved the sale of the Purchased Assets to 915643 Ontario Inc. under the January 14, 2026 stalking horse agreement, largely satisfied by credit bid, with vesting on delivery of the Receiver's Certificate.
Motion Record of the Receiver (returnable March 31, 2026) — Application / notice of application
Second Report: 700 parties solicited, 25 non-disclosure agreements and one competing letter of intent, since rejected; the stalking horse bid was declared successful, Phase 2 did not proceed, and approval was recommended.
Approved a claims process, fixing March 13, 2026 as the bar date for creditor claims.
Source: Priority Claims Procedure Order dated January 20, 2026
Approved the receiver's sale and investment solicitation process and authorized 915643 Ontario Inc.'s bid to act as stalking horse, with a Phase 1 bid deadline of February 27, 2026.
Motion Record of the Receiver (returnable Jan. 20, 2026) — Application / notice of application
Appointed Albert Gelman Inc. receiver and manager of the debtors' property, including 177-185 Cross Avenue and 580 Argus Road in Oakville.
915643 Ontario Inc. applied to the Ontario Superior Court of Justice under section 243(1) of the BIA and section 101 of the Courts of Justice Act for a receiver over the debtor's property.
Guide
Power of sale vs foreclosure vs receivership in Canada
When a Canadian borrower stops paying a mortgage, the lender can sell the property itself, ask a court to foreclose, or have a receiver take control. How the routes differ by province, what each means for owners and tenants, and how long a receivership takes, drawn from the court record.
Case update
177 Cross Argus: the seller credit-bids its Oakville land back
915643 Ontario Inc. held 2.5 acres near the Oakville GO station for 32 years, sold them in 2023 for $53,000,000 to a developer planning 1,895 condominiums, and on April 22, 2026 bought them back from a receiver largely with the debt its vendor-take-back mortgages secured; the receiver's Third Report now asks to be discharged, with $88,383 in hand and the balance bound for the buyer.
Debtor
177 Cross Argus Development Inc.
Proposal trustee
Albert Gelman
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Cavanagh | Ontario Superior Court of Justice | 6 orders, Nov 2025 – Jan 2026 | 318 cases on record |
| Justice Dunphy | Ontario Superior Court of Justice | 5 orders, Jan 2026 – Mar 2026 | 93 cases on record |
| Justice Dietrich | Ontario Superior Court of Justice | 2 orders, Oct 2025 | 133 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Debtor177 Cross Argus Development Inc. | Be Law LLP | 30 Oct 2025 | Order · 30 Oct 2025 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | 915643 Ontario Inc.First VTB mortgage (original registered amount $31,800,000) and second VTB mortgage (original registered amount $5,300,000) against the Property (177-185 Cross Ave & 580 Argus Road, Oakville, Ontario) — Vendor-take-back mortgages granted on purchase of the Property (purchase price $53,000,000 on/around March 15, 2023, vendor was 915643 Ontario Inc.); current amount owing described in the affidavit as 'approximately' $39,622,030 including accrued interest as of the affidavit's affirmation date — debtor: 177 Cross Argus Development Inc. · as of 28 Oct 2025 | $39.6M | Motion Record dated October 28, 2025 |
| 4 | Secured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
40 more claims in 2 classes The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
Card required. Nothing charged for 5 days. Cancel anytime.
Already a subscriber? Sign in.
See all plansSale closed — The Transaction closed on April 22, 2026.Third Report of the Receiver dated September 11, 2026 · 11 Sep 2026
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 915643 Ontario Inc.Stalking horsethe Debtor's right, title and interest in and to the assets described in the APS (the "Purchased Assets") · asset sale · agreement 14 Jan 2026 | Subscribers | Closed22 Apr 2026outside 30 Apr 2026 | Third Report of the Receiver dated September… |
1 engagement · 1 firm — Albert Gelman Inc., the PeriodSecond Report of the Receiver · 24 Mar 2026
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Albert Gelman Inc.Receiver | the Period | — | — | Second Report of the Receiver · 24 Mar 2026 |
1 blurred figure above
What the firm billed — each as the filing states it, with its source.
Card required. Nothing charged for 5 days. Cancel anytime.
Already a subscriber? Sign in.
See all plansCumulative receipts
$641K
As at 11 Sep 2026Third Report of the Receiver dated September 11, 2026
Cumulative disbursements
As at
Cash on hand
As at
Professional fees
As at
3 more reported figures
Each one as the filing states it, with its source.
Card required. Nothing charged for 5 days. Cancel anytime.
Already a subscriber? Sign in.
See all plans| Date | Document | File |
|---|---|---|
| Motion Record of the Receiver (returnable September 18, 2026) | PDF · Subscribers | |
Third Report of the Receiver dated September 11, 2026
| PDF · Subscribers | |
Receiver’s Certificate dated April 22, 2026
| PDF · Subscribers | |
Endorsement dated March 31, 2026
| PDF · Subscribers | |
| Motion Record of the Receiver (returnable March 31, 2026) | PDF · Subscribers | |
Order (Ancillary Relief) dated March 31, 2026
| PDF · Subscribers | |
Order (Approval and Vesting) dated March 31, 2026
| PDF · Subscribers | |
Second Report of the Receiver dated March 24, 2026
| PDF · Subscribers | |
| Ancillary Order dated January 20, 2026 | PDF · Subscribers | |
Endorsement dated January 20, 2026
| PDF · Subscribers | |
| Motion Record of the Receiver (returnable Jan. 20, 2026) | PDF · Subscribers | |
Priority Claims Procedure Order dated January 20, 2026
| PDF · Subscribers | |
SISP Order dated January 20, 2026
| PDF · Subscribers | |
| First Report of the Receiver dated January 13, 2026 | PDF · Subscribers | |
Endorsement dated Nov 27, 2025
| PDF · Subscribers | |
Order Appointing Receiver dated November 27, 2025
| PDF · Subscribers | |
Endorsement dated November 20, 2025
| PDF · Subscribers | |
Endorsement dated November 18, 2025
| PDF · Subscribers | |
Order – Withdrawal of NOI dated November 18, 2025
| PDF · Subscribers | |
| Application Record dated November 13, 2025 | PDF · Subscribers | |
| Motion Record dated November 13, 2025 | PDF · Subscribers | |
Court Order dated October 30, 2025
| PDF · Subscribers | |
Endorsement dated October 30, 2025
| PDF · Subscribers | |
First Report of the Proposal Trustee dated October 29, 2025
| PDF · Subscribers | |
Motion Record dated October 28, 2025
| PDF · Subscribers | |
Notice to Creditors of NOI filing dated October 8, 2025
| PDF · Subscribers | |
| Certificate for the Notice of Intention | 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., “177 Cross Argus Development Inc.” (NOI), Ontario Superior Court of Justice. Retrieved 5 November 2026, https://proceedings.ca/case/177-cross-argus-development-inc