Motion Record of the Applicant – Returnable March 31 2023 — Application / notice of application
863704 Ontario Inc., Metropolitan Ice Cream Inc., Oraccuz Holding Ltd. and Frank Zuccaro
Follow- Proceeding
- Receivership (court-appointed)section 101 of the CJA
- File
- FC-19-0058934-0000
863704 Ontario Inc., Metropolitan Ice Cream Inc., Oraccuz Holding Ltd. and Frank Zuccaro have been under a court-appointed receivership since October 8, 2020, in the Ontario Superior Court of Justice under court file FC-19-0058934-0000, and the proceeding remains active. Equitable Bank, which holds a first priority mortgage on the Densley Property and a general security agreement over all of 863704's property, assets and undertakings, was owed $1,691,685.77 as of June 11, 2021. Receivership financing from Hillmount Capital Inc., authorized to a facility not exceeding $400,000 and secured by a Receiver's Borrowings Charge under section 21 of the Receivership Order ranking behind the Equitable mortgage, stood at $265,624.80 on the same date. Maria Zuccaro, spouse of Frank Zuccaro, claims $70,001.67 in unpaid spousal payments under March 2020 and August 2020 matrimonial orders, plus $24,000 on a matrimonial costs order carrying interest at 2% per annum.
7 earlier updates, back to 17 November 2020 — subscribers.
Debtor
863704 Ontario Inc., Metropolitan Ice Cream Inc., Oraccuz Holding Ltd. and Frank Zuccaro
Receiver
Dodick Landau
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Douglas | Ontario Superior Court of Justice | 2 orders, Nov 2020 – Nov 2021 | 2 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverDodick Landau | Garfinkle, Biderman LLP | 7 Jun 2021 | Order · 7 Jun 2021 |
| Applicant | Garfinkle, Biderman LLP | 7 May 2021 | Application · 7 May 2021 |
| CreditorGiuseppe Zuccaro | Professional Corporation | 1 Sep 2021 | Endorsement · 1 Sep 2021 |
| CreditorInterested DODICK LANDAU INC | Garfinkle, Biderman LLP | 1 Sep 2021 | Endorsement · 1 Sep 2021 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Equitable Bank · in 16 casesFirst priority mortgage registered on title to Densley Property; also holds General Security Agreement against all of 863 Ontario's properties, assets and undertakings — Amount before nominal closing adjustments; approximately $1.7 million stated elsewhere in prose (para 19, 24(a)) is approximation, exact figure per draft payout statement used here — debtor: 863704 Ontario Limited · as of 11 Jun 2021 | $1.69M | Motion Record of Receiver returnable June 7, 2021 |
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 approvedCourt Order – Sale of Densley Property · 9 Jun 2021
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Ashiana Capital Corp.the Applicant Debtor's right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · asset sale · agreement 5 Mar 2021 | not stated | Approved9 Jun 2021 | Court Order – Sale of Densley Property |
Unsecured creditors: a distribution. Oraccuz Holdings Inc. a distribution.EstimatedMotion Record of the Applicant · 8 Mar 2023
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Unsecured | unsecured creditors of Metro | — | a distribution | Estimatedper the receiver | Motion Record of the Applicant · 8 Mar 2023 |
| Unsecured | Oraccuz Holdings Inc. | — | a distribution | Estimatedper the receiver | Motion Record of the Applicant · 8 Mar 2023 |
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.
2 engagements · 2 firms — latest: Dodick Landau Inc., —Motion Record of the Applicant · 31 Mar 2023
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| (firm not named)capacity not statedfirm not named in the heading | — | ••• | ••• | •••1 person | Motion Record of Receiver · 7 Jun 2021 |
| Dodick Landau Inc.Receiver | — | — | ••• | •••5 people | Motion Record of the Applicant · 31 Mar 2023 |
| Date | Document | File |
|---|---|---|
Motion Record of the Applicant – Returnable March 31 2023
| PDF · Subscribers | |
Justice Douglas’ order to appoint Receiver issued November 17, 2021
| PDF · Subscribers | |
| Applicant’s Motion returnable September 1, 2021 | PDF · Subscribers | |
Endorsement re: consent to adjournment
| PDF · Subscribers | |
Court Order – Sale of Densley Property
| PDF · Subscribers | |
Motion Record of Receiver returnable June 7, 2021
| PDF · Subscribers | |
Order Approving Receiver’s Distributions – June 7 2021
| PDF · Subscribers | |
Notice of Application
| PDF · Subscribers | |
Endorsement of Justice Douglas issued November 17, 2020
| PDF · Subscribers | |
Affidavit in Support of Motion to appoint Receiver
| 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., “863704 Ontario Inc., Metropolitan Ice Cream Inc., Oraccuz Holding Ltd. and Frank Zuccaro” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/863704-ontario-inc-metropolitan-ice-cream-inc-oraccuz-holding-ltd-and-frank-zucc