#Filing
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
ActiveFollow
- Proceeding
- Receivership (court-appointed)section 101 of the CJA
- File
- FC-19-0058934-0000
- Industry
- Manufacturing · Food & beverage manufacturing
OverviewSummary updated
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.
Proceedings AIOpen Proceedings AI
Case updates10 dated entries
#Sale
The court granted an approval and vesting order for the sale to Ashiana Capital Corp. Closing terms, as extracted: vesting effective upon delivery of the Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditions.
#Order
The court appointed Dodick Landau Inc. as Receiver, on the application of Maria Zuccaro. Court file FC-19-0058934-0000.
Source: Justice Douglas’ order to appoint Receiver issued November 17, 2021
Parties
Debtor
863704 Ontario Inc., Metropolitan Ice Cream Inc., Oraccuz Holding Ltd. and Frank Zuccaro
Receiver
Dodick Landau
Bench and counselPer the orders and service lists on the record
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 |
| Justice Dunphy | Ontario Superior Court of Justice | 2 orders, Jun 2021 | 93 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverDodick Landau | Garfinkle, Biderman LLP | 7 May 2021 | Order · 7 Jun 2021 |
| Applicant | Garfinkle, Biderman LLP | 7 May 2021 | Application · 7 May 2021 |
| CreditorGiuseppe Zuccaro | Avery Zeidman Professional Corporation | 1 Sep 2021 | Endorsement · 1 Sep 2021 |
Capital structureAs asserted in the filings
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Equitable Bank · in 18 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 |
| 4 | Secured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
3 more claims in 2 classes The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plansThis 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 processPer the transactions
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 |
Closing termsvesting effective upon delivery of the Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditionsCourt Order – Sale of Densley Property
RecoveriesAs stated in the filings
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 | — | Estimatedper the receiver | Motion Record of the Applicant · 8 Mar 2023 | |
| Unsecured | Oraccuz Holdings Inc. | — | 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.
3 blurred figures above
The claims and what each class or creditor recovers — each as the filing states it, with its source.
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See all plansFees and ratesAs stated in the filings
3 engagements · 2 firms — latest: Dodick Landau Inc., in feesMotion Record of the Applicant · 8 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 · 19 May 2021 | ||||||||||||||||||||||||||||||||
| Dodick Landau Inc.Receiverperiod 2 of 2 | — | — | 5 people | Motion Record of the Applicant · 8 Mar 2023 | |||||||||||||||||||||||||||||||
5 people — Dodick Landau Inc. · 15 blurred figures
| |||||||||||||||||||||||||||||||||||
| Dodick Landau Inc.Receiverperiod 2 of 2 | — | — | 3 people | Motion Record of the Applicant · 8 Mar 2023 | |||||||||||||||||||||||||||||||
3 people — Dodick Landau Inc. · 9 blurred figures
| |||||||||||||||||||||||||||||||||||
33 blurred figures above
What each firm billed, and each person’s hours and rate — each as the filing states it, with its source.
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See all plansDocuments
10 filings
| 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 | |
Order Approving Receiver’s Distributions – June 7 2021
| PDF · Subscribers | |
Motion Record of Receiver returnable 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 5 November 2026, https://proceedings.ca/case/863704-ontario-inc-metropolitan-ice-cream-inc-oraccuz-holding-ltd-and-frank-zucc