2368523 Ontario Limited (dba Curative Cannabis)
- Proceeding
- Receivership (court-appointed)section 243(1) of the Bankruptcy and Insolvency Act, section 101 of the Courts of Justice Act and section 67(1)(e) of the Personal Property Security Act
- File
- CV-19-627308-00CL
- Industry
- Cannabis · Cannabis producers
2368523 Ontario Limited, operating as Curative Cannabis, has been under court-appointed receivership since September 19, 2019, when the Ontario Superior Court of Justice (Commercial List) appointed A. Farber & Partners Inc. as receiver and manager on the application of Auxly Cannabis Group Inc., under section 243(1) of the Bankruptcy and Insolvency Act, section 101 of the Courts of Justice Act and section 67(1)(e) of the Personal Property Security Act. Auxly, a 24% shareholder and party to a Cannabis Supply Agreement with the debtor, was owed over $17 million as at October 2, 2019 under an Amended and Restated Secured Promissory Note dated April 23, 2019, its $18.0 million principal raised to $21 million under a Forbearance Agreement dated October 10, 2019, supported by limited recourse guarantees from Shpilt and Fitzgerald and a Share Collateral pledge. A November 2019 order vested the Share Collateral in Auxly, discharging the interests of the debtor, Shpilt and Fitzgerald. The receivership remains active under court file CV-19-627308-00CL.
Order of Justice Conway (Approval of the First Report of the Receiver) – November 27 2019 — Court officer report
Auxly Supplementary Motion Record (returnable November 27, 2019) — Application / notice of application
Court appointed A. Farber & Partners Inc. receiver and manager of the debtor on Auxly Cannabis Group Inc.'s application, commencing the receivership.
Application filed in the Ontario Superior Court of Justice (Commercial List), commencing the court-appointed receivership proceeding against the company under BIA section 243 and provincial Judicature Act authority.
Debtor
2368523 Ontario Limited (dba Curative Cannabis)
Receiver
A. Farber & Partners
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Hainey | Ontario Superior Court of Justice | 3 orders, Sep 2019 | 211 cases on record |
| Justice Pattillo | Ontario Superior Court of Justice | 2 orders, Jul 2021 | 75 cases on record |
| Justice Conway | Ontario Superior Court of Justice | 2 orders, Nov 2019 | 310 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverA. Farber & Partners | Miller Thomson LLP | 5 Jul 2021 | Order · 5 Jul 2021 |
| CreditorAuxly Cannabis Group Inc | Bennett Jones LLP | 25 Nov 2019 | Factum · 25 Nov 2019 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Auxly Cannabis Group Inc.Amended and Restated Secured Promissory Note dated April 23, 2019, original principal $18.0 million, increased to $21 million principal under Forbearance Agreement dated October 10, 2019; secured by limited recourse guarantees from Shpilt and Fitzgerald supported by Share Collateral pledge — Described in prose as 'in excess of $17 million' at time of Receivership Order; exact stated balance as at October 2, 2019 was 'over $17 million' (Curative Indebtedness). Security ultimately foreclosed upon per November 2019 Order - share collateral vested in Auxly discharging Debtor's, Shpilt's and Fitzge · as of 2 Oct 2019 | $17M | Second Report of the Court-Appointed Receiver (without appendices) |
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.
5 engagements · 2 firms — latest: A. Farber & Partners Inc., 25 Aug 2019 – 25 Jun 2021Motion Record of Receiver · 30 Jun 2021
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| A. Farber & Partners Inc.Receiverperiod 4 of 4 | 25 Aug 2019 – 25 Jun 2021Sought | — | — | Motion Record of Receiver · 30 Jun 2021 | |
| A. Farber & Partners Inc.Receiverperiod 4 of 4 | 1 Dec 2019 – 25 Jun 2021 | 5 people | Motion Record of Receiver · 30 Jun 2021 | ||
| A. Farber & Partners Inc.Receiverperiod 2 of 4 | 1 Oct – 30 Nov 2019 | 3 people | Motion Record of Receiver · 30 Jun 2021 | ||
| A. Farber & Partners Inc.Receiverperiod 1 of 4 | 25 Aug – 4 Oct 2019 | 5 people | Motion Record of Receiver · 30 Jun 2021 | ||
| Miller Thomson LLPCounsel to the receiver | Appointment Period | 11 people | Motion Record of Receiver · 30 Jun 2021 | ||
69 blurred figures above
What each firm billed, and each person’s hours and rate — 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 plans| Date | Document | File |
|---|---|---|
Endorsement of Justice Pattillo
| PDF · Subscribers | |
Order of Justice Pattillo
| PDF · Subscribers | |
Motion Record of Receiver (returnable July 5, 2021)
| PDF · Subscribers | |
Second Report of the Court-Appointed Receiver (without appendices)
| PDF · Subscribers | |
Endorsement of Justice Conway – November 27 2019
| PDF · Subscribers | |
Order of Justice Conway (Approval of the First Report of the Receiver) – November 27 2019
| PDF · Subscribers | |
Order of Justice Conway – November 27 2019
| PDF · Subscribers | |
Auxly Book of Authorities
| PDF · Subscribers | |
Auxly Factum
| PDF · Subscribers | |
| Receiver Motion Record (returnable November 27, 2019) | PDF · Subscribers | |
Auxly Supplementary Motion Record (returnable November 27, 2019)
| PDF · Subscribers | |
Endorsement of Justice Dietrich
| PDF · Subscribers | |
| Motion Record of Applicant | PDF · Subscribers | |
Endorsement of Justice Hainey (Receivership Order)
| PDF · Subscribers | |
Order of Justice Hainey (Receivership Appointment)
| PDF · Subscribers | |
| Notice of Application of Auxly Cannabis Group Inc. | PDF · Subscribers | |
Application Record of Auxly Cannabis Group Inc.
| PDF · Subscribers | |
Endorsement of Justice Hainey
| 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., “2368523 Ontario Limited (dba Curative Cannabis)” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 5 November 2026, https://proceedings.ca/case/2368523-ontario-limited-dba-curative-cannabis