4 Birchmount Road
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-18-594590-00CL
4 Birchmount Road, Toronto has been under court-appointed receivership since April 13, 2018, when the Ontario Superior Court of Justice appointed Rosen Goldberg Inc. as receiver under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, in Court File No. CV-18-594590-00CL. The application was brought by the syndicated mortgage lenders holding a second mortgage on the property, B&M Handelman Investments Limited, Flordale Holdings Limited, M. Himel Holdings Inc., 1530468 Ontario Ltd., Maxoren Investments and Sheilaco Investments Inc., who advanced principal of $900,000 to Christine Drotos. They dispute the first mortgagee's claim: Pillar Capital Corporation put $2,174,880 outstanding as of November 1, 2017, which the applicants say may be inflated and uncredited for interest payments.
Book of Authorities of Applicants regarding Motion returnable December 14, 2018 — Application / notice of application
Factum of the Appellant Pillar Capital Corporation (Pillar) returnable December 14, 2018 — Factum / brief
Receiver's Motion for Directions returnable December 14, 2018 — Application / notice of application
Reply Factum of B&M Handelman Investments Limited (Appeal on December 14, 2018) — Factum / brief
Notice of Appeal of Pillar Capital Corporation (Cayman) returnable December 5, 2018 — Response / objection pleading
Endorsement of Justice Dunphy dated November 26, 2018 (mortgage priority) — Endorsement / reasons
Receiver's Supplementary Motion Record Returnable November 26, 2018 (Part 1 of 2) — Application / notice of application
Receiver's Supplementary Motion Record Returnable November 26, 2018 (Part 2 of 2) — Application / notice of application
Motion Record of Applicants Returnable October 9, 2018 (Part 1) — Application / notice of application
Motion Record of Applicants Returnable October 9, 2018 (Part 2) — Application / notice of application
Motion Record of Pillar Capital Corp. Returnable October 9, 2018 — Application / notice of application
Book of Authorities of Applicants dated October 4, 2018 — Application / notice of application
Endorsement of Justice Conway dated August 31, 2018 (timetable variation) — Endorsement / reasons
Interim Distribution Order of Justice Conway dated August 31, 2018d — Distribution order
Motion Record of Clients of DJD Law returnable October 9 and 12, 2018 — Application / notice of application
Responding Motion Record of Money Gate Mortgage Investment Corporation dated August 8, 2018 — Response / objection pleading
Receiver's Motion Record Returnable June 13, 2018 (Appeal) — Application / notice of application
Responding Motion Record of Pillar Capital Corp. and World Financial Corporation — Response / objection pleading
Motion Record of Receiver Returnable May 31, 2018 (includes First Report of Receiver) was filed. Court file CV-18-594590-00CL.
Source: Motion Record of Receiver Returnable May 31, 2018 (includes First Report of Receiver)
The Ontario Superior Court of Justice granted an interim order on April 13, 2018 on the syndicated mortgage lenders' application.
The court appointed Rosen Goldberg Inc. as receiver over 4 Birchmount Road the same day, on the application of the second mortgagees.
Debtor
4 Birchmount Road
Receiver
Rosen Goldberg
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Dunphy | Ontario Superior Court of Justice | 5 orders, Jun 2018 – Nov 2018 | 74 cases on record |
| Justice McEwen | Ontario Superior Court of Justice | 2 orders, Apr 2018 – Oct 2018 | 134 cases on record |
| Justice Conway | Ontario Superior Court of Justice | 2 orders, Aug 2018 | 285 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Applicant | Dickinson Wright LLP | 13 Apr 2018 | Order · 13 Apr 2018 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Pillar Capital CorporationFirst mortgage registered on title to the Property (4 Birchmount Road, Toronto) — Related party: Pillar appears to be owned or controlled by Ara Missaghi; Applicants concerned Missaghi may have inflated the amount claimed due, and statement does not reflect credit for interest payments allegedly made by Missaghi; disputed — debtor: Christine Drotos · as of 1 Nov 2017 | $2.17M | Application Record April 13, 2018 |
| Secured | B&M Handelman Investments Limited, Flordale Holdings Limited, M. Himel Holdings Inc., 1530468 Ontario Ltd., Maxoren Investments, and Sheilaco Investments Inc. (syndicated mortgage lenders)Second mortgage registered on title to the Property (4 Birchmount Road, Toronto); syndicated mortgage loan with principal amount of $900,000 advanced — Principal amount is original advance, not stated outstanding balance; mortgage has matured and amount due and owing not stated as an exact balance — debtor: Christine Drotos | — | Application Record April 13, 2018 |
“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.
B&M Handelman Investments Limited, Flordale Holdings Limited, M. Himel Holdings Inc., 1530468 Ontario Ltd., Maxoren Investments, and Sheilaco Investments Inc.: $350K.FinalInterim Distribution Order of Justice Conway dated August 31, 2018d · 31 Aug 2018
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| SecuredApplicants (mortgagees over Birchmount) | B&M Handelman Investments Limited, Flordale Holdings Limited, M. Himel Holdings Inc., 1530468 Ontario Ltd., Maxoren Investments, and Sheilaco Investments Inc. | — | $350Kinterim | Finalper the court | Interim Distribution Order of Justice Conway dated August 31, 2018d · 31 Aug 2018 |
| Secured | Loraine and Gilbert Barlow | — | $365K | Finalper the court | Order of Justice Hainey dated October 15, 2019 (Distribution) · 15 Oct 2019 |
| Secured | World Finance Corporation and MGMIC Receiver | — | a distribution | Finalper the court | Order of Justice Hainey dated October 15, 2019 (Distribution) · 15 Oct 2019 |
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.
| Date | Document | File |
|---|---|---|
Order of Justice Hainey dated October 15, 2019 (Distribution)
| ||
| Book of Authorities of Applicants regarding Motion returnable December 14, 2018 | ||
| Factum of Applicants regarding Motion returnable December 14, 2018 (appeal) | ||
| Factum of the Appellant Pillar Capital Corporation (Pillar) returnable December 14, 2018 | ||
| Receiver's Motion for Directions returnable December 14, 2018 | ||
| Reply Factum of B&M Handelman Investments Limited (Appeal on December 14, 2018) | ||
| Endorsement of Court of Appeal dated December 5, 2018 | ||
| Notice of Appeal of Pillar Capital Corporation (Cayman) returnable December 5, 2018 | ||
| Factum of Currah Capital Corporation (motion returnable November 28, 2018) | ||
Order of Justice Dunphy dated November 28, 2018
| ||
Order of Justice Dunphy dated November 27, 2018(Priority Dispute)
| ||
Endorsement of Justice Dunphy dated November 26, 2018 (mortgage priority)
| ||
Reasons of Justice Dunphy (Mortgage Priority Dispute)
| ||
| Receiver's Supplementary Motion Record Returnable November 26, 2018 (Part 1 of 2) | ||
| Receiver's Supplementary Motion Record Returnable November 26, 2018 (Part 2 of 2) | ||
| Factum of Pillar Capital Corporation (Cayman)-Priority Dispute | ||
| Endorsement of Justice Hainey dated October 18, 2018 | ||
| Motion Record of Applicants Returnable October 9, 2018 (Part 1) | ||
| Motion Record of Applicants Returnable October 9, 2018 (Part 2) | ||
| Motion Record of Pillar Capital Corp. Returnable October 9, 2018 | ||
Endorsement of Justice McEwen dated October 5, 2018
| ||
| Book of Authorities of Applicants dated October 4, 2018 | ||
| Factum of Applicants dated October 4, 2018 | ||
Endorsement of Justice Conway dated August 31, 2018 (timetable variation)
| ||
Interim Distribution Order of Justice Conway dated August 31, 2018d
| ||
| Motion Record of Clients of DJD Law returnable October 9 and 12, 2018 | ||
| Responding Motion Record of Money Gate Mortgage Investment Corporation dated August 8, 2018 | ||
Endorsement of the Honourable Mr. Justice Dunphy dated June 27, 2018
| ||
Endorsement of Justice Paciocco(Court of Appeals)
| ||
| Receiver's Motion Record Returnable June 13, 2018 (Appeal) | ||
| Factum of Moving Party Returnbale June 1, 2018 | ||
| Issued Approval and Vesting Order | ||
| Notice of Appeal of World Finance Corporation | ||
Motion Record of Receiver Returnable May 31, 2018 (includes First Report of Receiver)
| ||
| Responding Motion Record of Pillar Capital Corp. and World Financial Corporation | ||
Application Record April 13, 2018
| ||
Appointment Order dated April 13, 2018
| ||
Endorsement of the Honourable Justice McEwen dated April 13, 2018
| ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “4 Birchmount Road” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/4-birchmount-road