Proceedings.

Abingdon Meat Packers Limited and DeSimone Investments Limited

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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
35-1799420T
Filings held17
Last activity8 Nov 2016
On the record4,136 days
Secured debt$2.39M
OverviewSummary updated

Abingdon Meat Packers Limited and DeSimone Investments Limited are in a court-appointed receivership commenced on May 26, 2015 in the Ontario Superior Court of Justice in Bankruptcy and Insolvency under court file 35-1799420T, brought under section 243 of the BIA and provincial Judicature Act authority. The proceeding remains active. Bank of Montreal holds general security agreements dated October 30, 2006 over the assets of each debtor, together with a charge/mortgage of land over the Premises in the registered principal sum of $4,300,000 and cross-guarantees; as of May 7, 2015 its claims stood at $2,392,545.89 against Abingdon and $2,130,434.28 against DeSimone. Counsel to the Receiver has opined that BMO's security is valid and enforceable, subject to standard assumptions and qualifications. Canada Revenue Agency has advanced deemed trust claims of $146,210 for unremitted source deductions against Abingdon and $2,925 for unremitted HST against DeSimone, the latter figure one the Receiver expects CRA to amend to approximately $9,000 once HST returns filed by the Private Receiver are taken into account. The Township of West Lincoln is owed $333,275.59 in unpaid municipal property taxes on the Premises as of April 23, 2015, and the Receiver has made no payments to the Township on that account.

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Case updates16 dated entries · 1 undated
#Report

The officer filed report no. Second Report. AMPL ceased operations at the end of February 2015 and its facility has remained idle; the Receiver has been maintaining the premises and conducting a court-approved sales process, culminating in a purchase agreement for the premises and assets awaiting court approval.

Source: Second report of the Receiver dated January 12, 2016

Undated filings1 — no date appears on the document · show
Filing

Service List Application filed

PDF

Parties

Debtor

File Documents

Receiver

Albert Gelman

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice RadyOntario Superior Court of Justice1 order, Jul 20153 cases on record

Counsel of record

PartyCounselFirst seenSource
ReceiverAlbert GelmanHarrison Pensa LLP · Miller Thomson LLP21 Jul 2015Order · 21 Jul 2015
ApplicantBank of MontrealMiller Thomson LLP26 May 2015Order · 26 May 2015
DebtorFile DocumentsSimpson Wigle Law LLPService list
CreditorBank of MontrealMiller Thomson LLPService list
Capital structureAs asserted in the filings
stated amounts, drawn to scale
#Priority classCreditorAmountSource
3Deemed trusts (CRA and other)Canada Revenue Agency · in 926 casesas of NOI/property proof of claim filing date — Deemed trust for unremitted source deductions — Deemed trust class claim; listed by Receiver under Secured Creditors section — debtor: Abingdon Meat Packers Limited$146KFirst report of the Receiver dated June 29, 2015
3Deemed trusts (CRA and other)Canada Revenue Agency · in 926 casesDeemed trust for unremitted HST — Deemed trust class claim filed May 19, 2015; Receiver notes claim will need to be amended by CRA and anticipates amended claim of approximately $9,000, as it does not factor in HST returns filed by the Private Receiver — debtor: DeSimone Investments Limited · as of 31 Jan 2015$2.92KFirst report of the Receiver dated June 29, 2015
4SecuredBank of Montreal · in 279 casesGeneral Security Agreement dated October 30, 2006 over all assets of AMPL; guaranteed by DeSimone Investments Limited to a maximum principal amount of $2,200,000 — Legal Opinion from Receiver's counsel affirms validity/enforceability of BMO's security over Debtors' property, subject to standard assumptions/qualifications — debtor: Abingdon Meat Packers Limited · as of 7 May 2015$2.39MFirst report of the Receiver dated June 29, 2015
4SecuredBank of Montreal · in 279 casesGeneral Security Agreement dated October 30, 2006 over all assets of DIL; Charge/Mortgage of Land over the Premises in the principal sum of $4,300,000 (registered principal, not balance); guaranteed by AMPL to a maximum principal amount of $4,300,000 — Legal Opinion from Receiver's counsel affirms validity/enforceability of BMO's security over Debtors' property including the Premises, subject to standard assumptions/qualifications — debtor: DeSimone Investments Limited · as of 7 May 2015$2.13MFirst report of the Receiver dated June 29, 2015
4SecuredTownship of West LincolnUnpaid municipal property taxes on the Premises — Listed by Receiver under Secured Creditors section; Receiver has not made any payments to the Township in respect of property taxes — debtor: DeSimone Investments Limited · as of 23 Apr 2015$333KFirst report of the Receiver dated June 29, 2015

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 processAs stated in the filings

Sale approvedAssignment of the Insurance Policy approvedApproval and Vesting Order dated November 8, 2016 · 8 Nov 2016

PurchaserPriceStatusSource
2492423 Ontario Inc.the Debtors' right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · asset sale · agreement 23 Dec 2015SealedApproved16 Feb 2016Order dated February 16, 2016 (approval and…
Closing termsvesting effective upon delivery of Receiver's CertificateApproval and Vesting Order dated November 8, 2016
Sealed materialsConfidential Appendices to the First Report; Confidential Second Report and Sale AgreementOrder of Justice Rady dated July 21, 2015 (approval of Receiver’s sales…
RecoveriesAs stated in the filings

Bank of Montreal: shortfall.EstimatedSecond report of the Receiver · 12 Jan 2016

ClassCreditorClaimsRecoveryBasisSource
SecuredBMO, as the first ranking secured creditorBank of MontrealshortfallEstimatedper the receiverSecond report of the Receiver · 12 Jan 2016

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.

Fees and ratesAs stated in the filings

7 engagements · 2 firmslatest: Albert Gelman Inc., 1 Dec – 31 Dec 2015, $12,813.72 incl. HSTMotion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016

FirmPeriodHoursFeesRatesSource
Albert Gelman Inc.Receiverperiod 2 of 21 Dec – 31 Dec 2015$12,813.72incl. HST$285 – $3702 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016
2 peopleAlbert Gelman Inc., 1 Dec – 31 Dec 2015
NameTitleHoursRateFees
Joe AlbertPrincipal21$370$7,770.00
Tom McElroyManager11.6$285$3,306.00
Albert Gelman Inc.Receiverperiod 1 of 2Sought349.1$80 – $3705 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016
5 peopleAlbert Gelman Inc.,
NameTitleHoursRateFees
Bryan GelmanPrincipal8.3$370$3,071.00
Joe AlbertPrincipal172.8$370$63,936.00
Tom McElroyManager153.6$285$43,776.00
Sally MahjoubEstate Administrator2.8$144.64$405.00
Daphna CherniakEstate Administrator11.6$80$928.00
349.1$321.16stated average$112,116.00
Harrison Pensa LLPCounsel to the receiverperiod 5 of 53 Nov – 30 Dec 2015$9,295.50ex. tax$140 – $4504 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016
4 peopleHarrison Pensa LLP, 3 Nov – 30 Dec 2015
NameYear of callHoursRateFees
Timothy C. Hogan199518.9$450$9,000.00
Michael Cassone20020.7$345$621.00
Melinda Vine20070.2$295$228.00
Kelly Bryant0.2$140$28.00
Harrison Pensa LLPCounsel to the receiverperiod 5 of 523 Jun – 30 Dec 2015Sought$43,203.38incl. tax$408.87stated averageMotion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016
Harrison Pensa LLPCounsel to the receiverperiod 3 of 51 Oct – 2 Nov 2015$7,756.50ex. tax$345 – $4503 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016
3 peopleHarrison Pensa LLP, 1 Oct – 2 Nov 2015
NameYear of callHoursRateFees
Timothy C. Hogan199514.8$450$6,600.00
Timothy C. Hogan19951.2$425$510.00
Michael Cassone20021.8$345$586.00
Harrison Pensa LLPCounsel to the receiverperiod 2 of 57 Aug – 30 Sep 2015$10,137.00ex. tax$100 – $4506 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016
6 peopleHarrison Pensa LLP, 7 Aug – 30 Sep 2015
NameYear of callHoursRateFees
Timothy C. Hogan199520$450$9,000.00
Michael Cassone20021.8$345$621.00
Michael Mumby20080.8$285$228.00
Lauren Lee20141.2$175$210.00
Kelly Bryant0.2$140$28.00
Aparna Bhushan0.5$100$50.00
Harrison Pensa LLPCounsel to the receiverperiod 1 of 523 Jun – 6 Aug 2015$9,204.00ex. tax$100 – $4507 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016
7 peopleHarrison Pensa LLP, 23 Jun – 6 Aug 2015
NameYear of callHoursRateFees
Timothy C. Hogan199511.9$450$5,355.00
Michael Cassone20025.9$345$2,035.50
Melinda Vine20071.3$295$383.50
Michael Mumby20082.8$285$798.00
Lauren Lee20142.8$175$490.00
Kelly Bryant0.8$140$112.00
Colin Campbell0.3$100$30.00

Top rate $370 · 0th percentile of receiver rates, 2015 · of 20

Estate financialsReported figures — never derived

Professional fees to date

$148K

As at 12 Jan 2016Second report of the Receiver dated January 12, 2016

Documents
17 filings
DateDocumentFile
Ancillary Order dated November 8, 2016PDF
Approval and Vesting Order dated November 8, 2016
  • Closing terms vesting effective upon delivery of Receiver's Certificate
  • Order date 8 November 2016
  • Sale outcome Sale approved — Assignment of the Insurance Policy approved
PDF
Order dated February 16, 2016 (ancillary order)
  • Counsel Harrison Pensa LLP
PDF
Order dated February 16, 2016 (approval and vesting order)
  • Closing terms Vesting effective upon delivery of Receiver's Certificate confirming payment of Purchase Price and satisfaction of closing conditions.
  • Purchaser 2492423 Ontario Inc. · the Debtors' right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · asset sale · price sealed · approved
  • Sealed items Confidential Second Report and Sale Agreement
PDF
Motion record returnable January 26, 2016 (Part 1 of 4)PDF
Motion record returnable January 26, 2016 (Part 2 of 4)
  • Counsel Harrison Pensa LLP
PDF
Motion record returnable January 26, 2016 (Part 3 of 4)PDF
Motion record returnable January 26, 2016 (Part 4 of 4)
  • Fee schedule Engagements: Form: rate_chart · Rows: Bryan Gelman; Joe Albert; Tom McElroy; Daphna Cherniak; Sally Mahjoub; Fees: 112116 · Rate: 321.16 · Hours: 349.1 · Quote: 349.1 | 321.16 | 112,116,00 · Row kind: subtotal · Rate kind: average · Money: Approximate: false · Period: Kind: cumulative · Quote: The Receiver has prepared invoices in connection with its fees as follows: · Approval: Quote: This Affidavit is made in support of a motion to approve the accounts of Albert Gelman Inc. and for no improper purpose. · State: sought · Averages: — · Currency: · Invoices: Date: 2015-08-31 · Fees: 13124 · Quote: An account dated August 31, 2015 for the period of August l to 31, 2015 of $13,124.00, plus HST thereon · Period end: 2015-08-31 · Period start: 2015-08-01; Date: 2015-09-30 · Fees: 30764 · Quote: An account dated September 30, 2015 for the period of September 1 to 30, 2015 of $30,764.00, plus HST thereon · Period end: 2015-09-30 · Period start: 2015-09-01; Date: 2015-10-31 · Fees: 19145 · Quote: An account dated October 31, 2015 for the period of October 1 to 31, 2015 of $19,145.00, plus HST thereon · Period end: 2015-10-31 · Period start: 2015-10-01; Date: 2015-11-30 · Fees: 15488.5 · Quote: An account dated November 30, 2015 for the period of November 1 to 30, 2015 of $15,488.50, plus HST thereon · Period end: 2015-11-30 · Period start: 2015-11-01; Date: 2015-12-31 · Fees: 11076 · Quote: An account dated December 31, 2015 for the period of December I to 31, 2015 of $11,076.00, plus HST thereon · Period end: 2015-12-31 · Period start: 2015-12-01 · Firm text: Albert Gelman Inc. · Firm quote: I am a Principal of Albert Gelman Inc., Receiver of Abingdon Meat Packers Limited and DeSimone Investments Limited · Hours total: Quote: 349.1 · Value: 349.1 · Context quote: I am a Principal of Albert Gelman Inc., Receiver of Abingdon Meat Packers Limited and DeSimone Investments Limited ("Receiver"), and as such have knowledge of the facts herein deposed to.; Form: invoice_listing · Rows: Joe E. Albert; Tom McElroy · Money: Tax: $1.44K · Label: HST · Quote: TOTAL HST: · Total: $12.8K · Quote: TOTAL AMOUNT DUE: · includes tax · includes disbursements · Approximate: false · Disbursements: $298 · Quote: Total Disbursements: · Period: End: 2015-12-31 · Kind: invoice · Quote: Billing Through: Dec 31, 2015 · Start: 2015-12-01 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Albert Gelman Inc. · Firm quote: Invoice · Context quote: DeSimone Investments Limited, in Receivership c/o Albert Gelman Inc.; Form: invoice_listing · Rows: · Money: Total: $43.2K · Quote: Total $43,203.38 · includes tax · includes disbursements · Approximate: false · Period: End: 2015-12-30 · Kind: cumulative · Quote: The fees and disbursements of Harrison Pensa in this matter are as follows: · Start: 2015-06-23 · Approval: Quote: I make this Affidavit in support of among other things, approvai of fees and disbursements of the counsel for the Receiver. · State: sought · Averages: weighted average · Currency: · Invoices: Quote: June 23, 2015 to August 6, 2015 - $11,505.49 · Total: 11505.49 · Period end: 2015-08-06 · Period start: 2015-06-23; Quote: August 7, 2015 to September 30, 2015- $11,920.70 · Total: 11920.7 · Period end: 2015-09-30 · Period start: 2015-08-07; Quote: October 1, 2015 to November 2, 2015 - $8,971.39 · Total: 8971.39 · Period end: 2015-11-02 · Period start: 2015-10-01; Quote: November 3, 2015 to December 30, 2015 - $10,805.80 · Total: 10805.8 · Period end: 2015-12-30 · Period start: 2015-11-03 · Firm text: Harrison Pensa LLP · Firm quote: I am a lawyer with Harrison Pensa LP, who acts as counsel for Albert Gelman Inc. · Context quote: I am a solicitor qualified to practice law in the Province of Ontario and I am a lawyer with Harrison Pensa LP, who acts as counsel for Albert Gelman Inc. ("AGI") as Receiver of Abingdon Meat Packers ("AMPL") Limited and DeSimone Investments Limited ("DIL") · Comparability quote: The hourly billing rates set out in the Exhibits are comparable to the hourly rates Ghas f ar e rs ro a harda arn eila proceedings.; Form: time_summary · Rows: Timothy C. Hogan; Michael Cassone; Melinda Vine; Michael Mumby; Lauren Lee; Kelly Bryant; Colin Campbell · Money: Tax: $1.2K · Label: HST ON FEES · Quote: HST ON FEES | | $1,196.52 · Fees: $9.2K · Quote: TOTAL FEES | | $9,204.00 · Total: $11.5K · Quote: TOTAL FEES, DISBURSEMENTS AND HST | | $11,505.49 · includes tax · includes disbursements · Approximate: false · Period: End: 2015-08-06 · Kind: invoice · Quote: (From June 23, 2015 to August 6, 2015) · Start: 2015-06-23 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Harrison Pensa LLP · Firm quote: HARRISON PENSA LLP · Context quote: (From June 23, 2015 to August 6, 2015); Form: time_summary · Rows: Timothy C. Hogan; Michael Cassone; Michael Mumby; Lauren Lee; Kelly Bryant; Aparna Bhushan · Money: Tax: $1.32K · Label: HST ON FEES · Quote: HST ON FEES | | $1,317.81 · Fees: $10.1K · Quote: TOTAL FEES | | $10,137.00 · Total: $11.9K · Quote: TOTAL FEES, DISBURSEMENTS AND HST | | $11,920.70 · includes tax · includes disbursements · Approximate: false · Period: End: 2015-09-30 · Kind: invoice · Quote: (August 7, 2015 to September 30, 2015) · Start: 2015-08-07 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Harrison Pensa LLP · Firm quote: HARRISON PENSA LLP · Context quote: (August 7, 2015 to September 30, 2015); Form: time_summary · Rows: Timothy C. Hogan; Timothy C. Hogan; Michael Cassone · Money: Tax: $1.01K · Label: HST ON FEES · Quote: HST ON FEES | | $1,008.35 · Fees: $7.76K · Quote: TOTAL FEES | | $7,756.50 · Total: $8.97K · Quote: TOTAL FEES, DISBURSEMENTS AND HST | | $8,971.39 · includes tax · includes disbursements · Approximate: false · Period: End: 2015-11-02 · Kind: invoice · Quote: (October 1, 2015 to November 2, 2015) · Start: 2015-10-01 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Harrison Pensa LLP · Firm quote: HARRISON PENSA LLP · Context quote: (October 1, 2015 to November 2, 2015); Form: time_summary · Rows: Timothy C. Hogan; Michael Cassone; Melinda Vine; Kelly Bryant · Money: Tax: $1.21K · Label: HST ON FEES · Quote: HST ON FEES | | $1,208.42 · Fees: $9.3K · Quote: TOTAL FEES | | $9,295.50 · Total: $10.8K · Quote: TOTAL FEES, DISBURSEMENTS AND HST | | $10,805.80 · includes tax · includes disbursements · Approximate: false · Period: End: 2015-12-30 · Kind: invoice · Quote: (November 3, 2015 to December 30, 2015) · Start: 2015-11-03 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Harrison Pensa LLP · Firm quote: HARRISON PENSA LLP · Context quote: (November 3, 2015 to December 30, 2015)
PDF
Second report of the Receiver dated January 12, 2016
  • Operational summary AMPL ceased operations at the end of February 2015 and its facility has remained idle; the Receiver has been maintaining the premises and conducting a court-approved sales process, culminating in a purchase agreement for the premises and assets awaiting court approval.
  • Process results 5 bids
  • Professional fees $148K · Note: Amount advanced by BMO under the Receiver's Charge for fees and disbursements incurred to November 30, 2015; unpaid fees of the Receiver and its counsel remain to be taxed by the Court. · Party: Receiver (Albert Gelman Inc.) · Period: to November 30, 2015
  • Recovery outcome Entries: per estimated · Stated on: 2016-01-12 · Table missing:
  • + 3 more extracted facts
PDF
Motion record returnable July 21, 2015 (Part 1 of 3)PDF
Motion record returnable July 21, 2015 (Part 3 of 3)
  • Commencement date 26 May 2015
  • Court ONTARIO SUPERIOR COURT OF JUSTICE IN BANKRUPTCY AND INSOLVENCY
  • Court file no 35-1799420T
  • Province ONTARIO
PDF
Order of Justice Rady dated July 21, 2015 (approval of Receiver’s sales process)
  • Counsel Harrison Pensa LLP
  • Order date 21 July 2015
  • Presiding officer Justice Rady
  • Sale outcome Sale process approved — the Sales Process is hereby approved
  • + 1 more extracted fact
PDF
First report of the Receiver dated June 29, 2015
  • Sale outcome Sale process approved — The Receiver recommends a structured invitation for offers process to be approved by the Court
  • Secured creditors $146K · Note: Deemed trust class claim; listed by Receiver under Secured Creditors section · Page: 16 · As of: NOI/property proof of claim filing date · Debtor: Abingdon Meat Packers Limited · Creditor: Canada Revenue Agency · Security: Deemed trust for unremitted source deductions
PDF
Notice and Statement of the Court Appointed ReceiverPDF
Application record to Appoint Receiver returnable May 26, 2015
  • Applicant BANK OF MONTREAL
  • Appointee Albert Gelman Inc.
  • Appointee role receiver
  • Commencement date 12 May 2015
  • + 2 more extracted facts
PDF
Order of Justice Miller dated May 26, 2015 (appointment of Receiver)
  • Applicant BANK OF MONTREAL
  • Appointee Albert Gelman Inc.
  • Appointee role receiver
  • Commencement date 26 May 2015
  • + 6 more extracted facts
PDF
Service List
  • Counsel Simpson Wigle Law LLP
PDF

Filing titles, dates, and extracted key facts are public.

CiteProceedings., “Abingdon Meat Packers Limited and DeSimone Investments Limited” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/abingdon-meat-packers-limited-and-desimone-investments-limited

Sources last checked · summary updated 11 August 2026 · Report a correction · Printed from proceedings.ca/case/abingdon-meat-packers-limited-and-desimone-investments-limited

Facts and summaries are extracted automatically from the court filings linked on each page; the filings remain the authoritative record. Suggested corrections are reviewed against the source filings.