58 King Street East Hamilton Ltd. and 2238394 Ontario Ltd.
Follow- Proceeding
- Receivership (court-appointed)section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended
- File
- CV-24-00088153-0000
58 King Street East Hamilton Ltd. and 2238394 Ontario Ltd. are subject to a court-appointed receivership under section 243 of the Bankruptcy and Insolvency Act and provincial Judicature Act authority, before the Ontario Superior Court of Justice in Bankruptcy and Insolvency under court file number CV-24-00088153-0000. The proceeding is active. No dated steps in the receivership are recorded.
Amended Approval and Vesting Order of the Honourable Justice Edwards dated March 30, 2026 — Approval and vesting order
Approval and Vesting Order of the Honourable Justice Edwards dated December 2, 2025 — Approval and vesting order
Application Record of the Applicant dated November 29, 2025 Volume II — Application / notice of application
The court appointed msi Spergel Inc. as Receiver, on the application of Home Trust Company. Court file CV-24-00088153-0000.
Source: Order of the Honourable Justice Sheard dated April 1, 2025
Application Record of the Applicant dated November 29, 2025 Volume I was filed. Court file CV-24-00088153-0000.
Source: Application Record of the Applicant dated November 29, 2025 Volume I
Debtor
58 King Street East Hamilton Ltd. and 2238394 Ontario Ltd.
Receiver
msi Spergel inc.
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Valente | Ontario Superior Court of Justice | 2 orders, Mar 2026 | 12 cases on record |
| Justice Sheard | Ontario Superior Court of Justice | 2 orders, Apr 2025 | 14 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| CreditorHome Trust Company | Aird & Berlis LLP | 3 Jan 2025 | Factum · 3 Jan 2025 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Home Trust Company · in 11 casesFirst mortgage against 31 John Street North, Hamilton, ON; registered principal $3,800,000.00, registered May 13, 2022 — Exact balance per Home Trust Mortgage Discharge Statement dated November 13, 2025 (includes accrued interest, fees and charges, less credits); registered principal of $3,800,000 is not the balance — debtor: 2238394 Ontario Ltd. · as of 13 Nov 2025 | $4.4M | Motion Record of the Receiver dated November 18, 2025 |
| 4 | Secured | City of Hamilton · in 19 casesNotice registered against 31 John Street North, February 9, 2023, in respect of property tax arrears — Municipal tax lien; document states City of Hamilton has a priority charge ahead of the existing mortgages in respect of property tax arrears; balance per property tax statement issued June 26, 2025 — debtor: 2238394 Ontario Ltd. · as of 26 Jun 2025 | $45.6K | Motion Record of the Receiver dated November 18, 2025 |
| 4 | Secured | Mehdi KomeilianSecond mortgage against 31 John Street North; registered principal $900,000.00, initially charged and registered March 10, 2021, postponed to Home Trust's first mortgage on May 13, 2022 — Postponed/subordinated in priority to Home Trust's first mortgage; individual mortgagee; no outstanding balance stated in document (registered principal only) — debtor: 2238394 Ontario Ltd. | — | Motion Record of the Receiver dated November 18, 2025 |
| 4 | Secured | Trumencas Ltd., Ekaterina Cerullo, Amanda Stanley and Michael OffidaniThird mortgage against 31 John Street North; registered principal $800,000.00, registered June 20, 2022 — Multiple mortgagees (one corporate, three individual); no outstanding balance stated in document (registered principal only) — debtor: 2238394 Ontario Ltd. | — | Motion Record of the Receiver dated November 18, 2025 |
| 8 | Unsecured | Canada Revenue Agency (HST) · in 926 casesHST owed for periods June 30, 2021 to March 31, 2023; document states the claim ranks behind the prescribed security interests as there is no deemed trust portion (unsecured); Proof of Claim attached as Appendix 8 — debtor: 58 King Street East Hamilton Ltd. · as of 23 Jul 2025 | $15.6K | Motion Record of the Receiver dated November 18, 2025 |
| 8 | Unsecured | Canada Revenue Agency (HST) · in 926 casesHST owed for periods June 30, 2021 to March 31, 2023; document states the claim ranks behind the prescribed security interests as there is no deemed trust portion (unsecured); Proof of Claim attached as Appendix 7 — debtor: 2238394 Ontario Ltd. · as of 30 Apr 2025 | $3.29K | Motion Record of the Receiver dated November 18, 2025 |
“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.
Sale approvedApproval and Vesting Order of the Honourable Justice Edwards dated… · 2 Dec 2025
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Spuric Canadian Ventures Inc.2238's right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · real property · agreement 30 Oct 2025 | not stated | Approved2 Dec 2025 | Approval and Vesting Order of the Honourable… |
Home Trust Company: $90K.Motion Record of the Receiver · 18 Nov 2025
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Court charges | Home Trust Company | — | $90Kconditional | per the receiver | Motion Record of the Receiver · 18 Nov 2025 |
| Secured | City of Hamilton | — | $45.6Kconditional | per the receiver | Motion Record of the Receiver · 18 Nov 2025 |
| Secured | Home Trust Company | — | $4.4Minterimconditional | per the receiver | Motion Record of the Receiver · 18 Nov 2025 |
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 |
|---|---|---|
Motion Record of the Receiver dated May 25, 2026
| ||
| Amended Approval and Vesting Order of the Honourable Justice Edwards dated March 30, 2026 | ||
Endorsement of the Honourable Justice Valente dated March 30, 2026
| ||
Order of the Honourable Justice Valente dated March 30, 2026
| ||
Approval and Vesting Order of the Honourable Justice Edwards dated December 2, 2025
| ||
Endorsement of the Honourable Justice Edwards dated December 2, 2025
| ||
Application Record of the Applicant dated November 29, 2025 Volume I
| ||
| Application Record of the Applicant dated November 29, 2025 Volume II | ||
Motion Record of the Receiver dated November 18, 2025
| ||
Endorsement of the Honourable Justice Sheard dated April 1, 2025
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Order of the Honourable Justice Sheard dated April 1, 2025
| ||
Factum of the Applicant dated January 3, 2025
| ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “58 King Street East Hamilton Ltd. and 2238394 Ontario Ltd.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/58-king-street-east-hamilton-ltd-and-2238394-ontario-ltd