759 Winston Churchill GP Inc., et al
Follow- Proceeding
- Receivership (court-appointed)subsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CV-24-00714543-00CL
759 Winston Churchill GP Inc. and related debtors have been under the receivership and management of KSV Restructuring Inc. since May 30, 2024, when the Ontario Superior Court of Justice (Commercial List) granted a receivership order on the application of KingSett Mortgage Corporation under subsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, in Court File No. CV-24-00714543-00CL. As at the date of the order, KingSett was the principal secured creditor, owed approximately $328.3 million by Churchill and Southdown and approximately $35.3 million by Royal Windsor. Nine construction liens are registered against the Churchill Lands, the largest being Kenaidan Contracting Ltd.'s $30,076,837 claim, and two against the Southdown Lands. Unsecured claims, principally of municipalities, consultants and professionals, total approximately $4.8 million on the Debtors' books.
A claims procedure has been established — see the order for deadlines.
Per the Priority Claims Procedure Order dated April 28, 2025 dated 28 April 2025.
The officer filed report no. Fifth Report. The Debtors are real estate development entities with no employees; the Credit Bid Transaction for Southdown and Royal Windsor closed June 4, 2026, and the Receiver is now focused on selling Churchill's remaining assets (Building 3 and the Excess Parcel) while construction and leasing of the Remaining WC Buildings continues.
The court granted an approval and vesting order for the sale to KS 688 Southdown Holdings Inc., KS 2226 Royal Windsor Holdings Inc. Closing terms, as extracted: Vesting occurs upon delivery of the Receiver's Certificate confirming payment of Purchase Price and satisfaction of closing conditions. Sealed: Confidential Exhibit '1' / Confidential Appendix '1' to the Fourth Report.
The officer filed report no. Fourth Report. The receivership is running a court-approved sale process for the Southdown and Royal Windsor lands (resulting in a stalking horse transaction with KingSett) while continuing construction of two remaining industrial buildings at the Winston Churchill project, with a proposed leasing process to secure tenants ahead of a future sale.
Motion Record of the Receiver re AVO and Lease Relief Order dated April 17, 2026 — Application / notice of application
Motion Record of the Receiver re Sale Process Order dated November 6, 2025 — Application / notice of application
Motion Record of Kendaidan Contracting Ltd. dated April 24, 2025 — Application / notice of application
Court appointed KSV Restructuring Inc. receiver and manager of the Debtors on KingSett Mortgage Corporation's application, excluding from the Property the security behind TD's registration against Churchill GP's accounts.
Responding Application Record (TD Bank) dated February 26, 2024 — Application / notice of application
Factum of KingSett Mortgage Corporation re Motion returnable February 20, 2024 — Factum / brief
Application Record dated February 12, 2024 - Part I of III was filed. Court file CV-24-00714543-00CL.
Source: Application Record dated February 12, 2024 - Part I of III
Application Record dated February 12, 2024 - Part II of III — Application / notice of application
Application Record dated February 12, 2024 - Part III of III — Application / notice of application
Debtor
759 Winston Churchill GP Inc., et al
Receiver
AlixPartners
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Myers | Ontario Superior Court of Justice | 5 orders, Nov 2025 – May 2026 | 103 cases on record |
| Justice Conway | Ontario Superior Court of Justice | 4 orders, Apr 2025 – Nov 2025 | 285 cases on record |
| Justice Black | Ontario Superior Court of Justice | 2 orders, Jun 2026 | 176 cases on record |
| Justice Cavanagh | Ontario Superior Court of Justice | 2 orders, May 2024 | 288 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverAlixPartners | Osler, Hoskin & Harcourt LLP | 25 Apr 2025 | Factum · 25 Apr 2025 |
| Applicant | Bennett Jones LLP | 30 May 2024 | Order · 30 May 2024 |
| CreditorBlack & McDonald Limited, a Construction Lien Claimant (759 Winston Churchill) | Speigel Nichols Fox LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorCoulson Contracting Ltd., a Kenaidan subcontractor | Goodmans LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorDavid Ward | Miller Thomson LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorEvan Cobb | Norton Rose Fulbright Canada LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorJC Infrastructure Ltd | Drudi Alexiou Kuchar LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorKenaidan Contracting Limited | Norton Rose Fulbright Canada LLP | 24 Apr 2025 | Application · 24 Apr 2025 |
| CreditorKSV Restructuring Inc | Osler, Hoskin & Harcourt LLP | 6 Nov 2025 | Application · 6 Nov 2025 |
| CreditorNoram Glass Corporation, a Construction Lien Claimant (759 Winston Churchill) | Kagan Shastri Demelo Winer Park LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorNucor Steel ULC c.o.b | WeirFoulds LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorPetro-Canada Lubricants Inc | Borden Ladner Gervais LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorSCI Logistics Ltd | Dentons Canada LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorSoilcan Inc., a Construction Lien Claimant (688 Southdown) | Sutherland Law | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorSuperior Sprinkler Co | Loopstra Nixon LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorTimbercreek Mortgage Servicing Inc | Cassels Brock & Blackwell LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| CreditorToronto-Dominion Bank | Harrison Pensa LLP | 26 Jun 2026 | Service list · 26 Jun 2026 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | KingSett Mortgage Corporation · in 28 casesas of date of the Receivership Order — loan facilities/mortgage security — Approximate figure per Receiver; detailed amounts owing set out in Affidavit of Daniel Pollack sworn February 12, 2024 (not repeated in this report). Principal secured creditor of the Debtors. — debtor: Churchill and Southdown | $328M | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | KingSett Mortgage Corporation · in 28 casesas of date of the Receivership Order — loan facilities/mortgage security — Approximate figure per Receiver; detailed amounts owing set out in Affidavit of Daniel Pollack sworn February 12, 2024 (not repeated in this report). — debtor: Royal Windsor | $35.3M | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | 7037619 Canada Inc. (Subordinate Lender)second mortgage/charge ("Subordinate Security") registered against Southdown Lands — Subordinate Security postponed and subordinated in favour of KingSett; amount is registered second mortgage amount, not necessarily outstanding balance. — debtor: Southdown | $20M | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | Kenaidan Contracting Ltd. · in 2 casesregistered construction lien — One of two construction liens registered against Southdown Lands. — debtor: Southdown | $9.57M | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | Soilcan Inc.registered construction lien — One of two construction liens registered against Southdown Lands. — debtor: Southdown | $3.95M | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | JC Infrastructure Ltd.registered construction lien — One of nine construction liens registered against Churchill Lands. — debtor: Churchill | $2.02M | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | Kenaidan Contracting Ltd. · in 2 casesregistered construction lien — Second, separately registered lien by this creditor against Churchill Lands. — debtor: Churchill | $1.88M | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | Montana Electrical Contractors Ltd.registered construction lien — One of nine construction liens registered against Churchill Lands. — debtor: Churchill | $637K | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | Superior Sprinkler Co. Ltd. · in 2 casesregistered construction lien — One of nine construction liens registered against Churchill Lands. — debtor: Churchill | $551K | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | Black & McDonald Limited · in 6 casesregistered construction lien — One of nine construction liens registered against Churchill Lands. — debtor: Churchill | $290K | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | Nucor Steel ULCregistered construction lien — One of nine construction liens registered against Churchill Lands. — debtor: Churchill | $145K | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | Noram Glass Corporationregistered construction lien — One of two separately registered liens by this creditor against Churchill Lands. — debtor: Churchill | $118K | First Report of the Receiver dated November 11, 2024 |
| 4 | Secured | The Toronto-Dominion Bank · in 111 casesPPSA registration against accounts of Churchill GP — Understood to relate to cash collateral for letters of credit issued to City of Mississauga on behalf of Churchill GP; blanket registrant, amount unstated. Security excluded from receivership Property. — debtor: Churchill GP | — | First Report of the Receiver dated November 11, 2024 |
| 8 | Unsecured | Unsecured creditors (aggregate as reported) · in 532 casesas of date of the Receivership Order — Aggregate approximate figure; document names no individual creditors. Primarily owing to municipalities, consultants, and professionals. — debtor: The Debtors | $4.8M | First Report of the Receiver dated November 11, 2024 |
“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.
3 transactions · 2 closed · 1 approved — the Sale Processes be and are hereby approvedSale Process Approval Order dated June 24, 2026 · 24 Jun 2026
| Purchaser | Price | Status | Source |
|---|---|---|---|
| KingSett Mortgage CorporationStalking horsethe Property · asset sale · agreement 6 Nov 2025 | not statedPurchase Price includes amounts equal to the KingSett Indebtedness (satisfied by credit bid) and Priority Payables, plus a Cash Component payable on closing. | Approved | Fourth Report of the Receiver dated April 17,… |
| KS 2226 Royal Windsor Holdings Inc.the Royal Windsor Property · real property · agreement 6 Nov 2025 | not stated | Closed4 Jun 2026 | Receiver's Certificate dated June 4, 2026 |
| KS 688 Southdown Holdings Inc.the Southdown Property · asset sale · agreement 6 Nov 2025 | Credit bidreferred to as the Credit Bid Transaction | Closed4 Jun 2026 | Fifth Report of the Receiver dated June 18, 2026 |
| Date | Document | File |
|---|---|---|
Service List as at June 26, 2026
| ||
Endorsement of Justice Black dated June 24, 2026
| ||
Sale Process Approval Order dated June 24, 2026
| ||
Factum of the Receiver dated June 22, 2026
| ||
Fifth Report of the Receiver dated June 18, 2026
| ||
Motion Record of the Receiver dated June 18, 2026
| ||
Receiver's Certificate dated June 4, 2026
| ||
Approval and Vesting Order dated May 11, 2026
| ||
Endorsement of Justice Myers dated May 11, 2026
| ||
Endorsement of Justice Myers dated April 24, 2026
| ||
Lease Relief Order dated April 24, 2026
| ||
Factum of the Receiver re AVO and Lease Relief Order dated April 22, 2026
| ||
Fourth Report of the Receiver dated April 17, 2026
| ||
| Motion Record of the Receiver re AVO and Lease Relief Order dated April 17, 2026 | ||
Court Order dated November 18, 2025
| ||
Endorsement of Justice Myers dated November 13, 2025
| ||
Sale Approval Order dated November 13, 2025
| ||
Factum of the Receiver dated November 11, 2025
| ||
Motion Record of the Receiver re Sale Process Order dated November 6, 2025
| ||
Third Report of the Receiver dated November 6, 2025
| ||
Endorsement of Justice Conway dated April 28, 2025
| ||
Priority Claims Procedure Order dated April 28, 2025
| ||
Second Amended and Restated Appointment Order dated April 28, 2025
| ||
Factum of Kenaidan Contracting Ltd. dated April 25, 2025
| ||
Factum of the Receiver dated April 25, 2025
| ||
Motion Record of Kendaidan Contracting Ltd. dated April 24, 2025
| ||
| Motion Record of the Receiver dated April 11, 2025 | ||
| Second Report of the Receiver dated April 11, 2025 | ||
| Amended and Restated Order dated November 15, 2024 | ||
Endorsement of Justice Kimmel dated November 15, 2024
| ||
| Factum of the Receiver dated November 12, 2024 | ||
First Report of the Receiver dated November 11, 2024
| ||
| Motion Record of the Receiver dated November 11, 2024 | ||
Endorsement of Justice Cavanagh dated May 30, 2024
| ||
Receivership Order dated May 30, 2024
| ||
| Supplemental Affidavit of Daniel Pollack sworn April 23, 2024 | ||
| Responding Application Record (TD Bank) dated February 26, 2024 | ||
| Factum of KingSett Mortgage Corporation re Motion returnable February 20, 2024 | ||
Application Record dated February 12, 2024 - Part I of III
| ||
| Application Record dated February 12, 2024 - Part II of III | ||
| Application Record dated February 12, 2024 - Part III of III | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “759 Winston Churchill GP Inc., et al” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/759-winston-churchill-gp-inc-et-al