The court granted an approval and vesting order. Closing terms, as extracted: vesting effective upon delivery of Receiver's Certificate.
Abingdon Meat Packers Limited and DeSimone Investments Limited
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
- 35-1799420T
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.
Motion record returnable January 26, 2016 (Part 1 of 4) — Application / notice of application
Motion record returnable January 26, 2016 (Part 2 of 4) — Application / notice of application
Motion record returnable January 26, 2016 (Part 3 of 4) — Application / notice of application
Motion record returnable January 26, 2016 (Part 4 of 4) — Application / notice of application
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
Order of Justice Rady dated July 21, 2015 (approval of Receiver’s sales process) was filed.
Source: Order of Justice Rady dated July 21, 2015 (approval of Receiver’s sales process)
The court appointed Albert Gelman Inc. as receiver, on the application of BANK OF MONTREAL. Court file 35-1799420T.
Source: Order of Justice Miller dated May 26, 2015 (appointment of Receiver)
Application filed commencing the court-appointed receivership over both debtors in the Ontario Superior Court of Justice in Bankruptcy and Insolvency, court file 35-1799420T.
Source: Motion record returnable July 21, 2015 (Part 3 of 3)
Application record to Appoint Receiver returnable May 26, 2015 was filed.
Source: Application record to Appoint Receiver returnable May 26, 2015
Undated filings1 — no date appears on the document · show
Debtor
File Documents
Receiver
Albert Gelman
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Rady | Ontario Superior Court of Justice | 1 order, Jul 2015 | 3 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverAlbert Gelman | Harrison Pensa LLP · Miller Thomson LLP | 21 Jul 2015 | Order · 21 Jul 2015 |
| ApplicantBank of Montreal | Miller Thomson LLP | 26 May 2015 | Order · 26 May 2015 |
| DebtorFile Documents | Simpson Wigle Law LLP | — | Service list |
| CreditorBank of Montreal | Miller Thomson LLP | — | Service list |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed 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 | $146K | First report of the Receiver dated June 29, 2015 |
| 3 | Deemed 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 | $2.92K | First report of the Receiver dated June 29, 2015 |
| 4 | Secured | Bank 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 | $2.39M | First report of the Receiver dated June 29, 2015 |
| 4 | Secured | Bank 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 | $2.13M | First report of the Receiver dated June 29, 2015 |
| 4 | Secured | Township 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 | $333K | First 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 approved — Assignment of the Insurance Policy approvedApproval and Vesting Order dated November 8, 2016 · 8 Nov 2016
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 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 2015 | Sealed | Approved16 Feb 2016 | Order dated February 16, 2016 (approval and… |
Bank of Montreal: shortfall.EstimatedSecond report of the Receiver · 12 Jan 2016
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| SecuredBMO, as the first ranking secured creditor | Bank of Montreal | — | shortfall | Estimatedper the receiver | Second 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.
7 engagements · 2 firms — latest: 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
| Firm | Period | Hours | Fees | Rates | Source | ||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Albert Gelman Inc.Receiverperiod 2 of 2 | 1 Dec – 31 Dec 2015 | — | $12,813.72incl. HST | $285 – $3702 people | Motion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016 | ||||||||||||||||||||||||||||||||||||||||
2 people — Albert Gelman Inc., 1 Dec – 31 Dec 2015
| |||||||||||||||||||||||||||||||||||||||||||||
| Albert Gelman Inc.Receiverperiod 1 of 2 | —Sought | 349.1 | — | $80 – $3705 people | Motion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016 | ||||||||||||||||||||||||||||||||||||||||
5 people — Albert Gelman Inc., —
| |||||||||||||||||||||||||||||||||||||||||||||
| Harrison Pensa LLPCounsel to the receiverperiod 5 of 5 | 3 Nov – 30 Dec 2015 | — | $9,295.50ex. tax | $140 – $4504 people | Motion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016 | ||||||||||||||||||||||||||||||||||||||||
4 people — Harrison Pensa LLP, 3 Nov – 30 Dec 2015
| |||||||||||||||||||||||||||||||||||||||||||||
| Harrison Pensa LLPCounsel to the receiverperiod 5 of 5 | 23 Jun – 30 Dec 2015Sought | — | $43,203.38incl. tax | $408.87stated average | Motion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016 | ||||||||||||||||||||||||||||||||||||||||
| Harrison Pensa LLPCounsel to the receiverperiod 3 of 5 | 1 Oct – 2 Nov 2015 | — | $7,756.50ex. tax | $345 – $4503 people | Motion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016 | ||||||||||||||||||||||||||||||||||||||||
3 people — Harrison Pensa LLP, 1 Oct – 2 Nov 2015
| |||||||||||||||||||||||||||||||||||||||||||||
| Harrison Pensa LLPCounsel to the receiverperiod 2 of 5 | 7 Aug – 30 Sep 2015 | — | $10,137.00ex. tax | $100 – $4506 people | Motion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016 | ||||||||||||||||||||||||||||||||||||||||
6 people — Harrison Pensa LLP, 7 Aug – 30 Sep 2015
| |||||||||||||||||||||||||||||||||||||||||||||
| Harrison Pensa LLPCounsel to the receiverperiod 1 of 5 | 23 Jun – 6 Aug 2015 | — | $9,204.00ex. tax | $100 – $4507 people | Motion record returnable January 26, 2016 (Part 4 of 4) · 26 Jan 2016 | ||||||||||||||||||||||||||||||||||||||||
7 people — Harrison Pensa LLP, 23 Jun – 6 Aug 2015
| |||||||||||||||||||||||||||||||||||||||||||||
Top rate $370 · 0th percentile of receiver rates, 2015 · of 20
Professional fees to date
$148K
As at 12 Jan 2016Second report of the Receiver dated January 12, 2016
| Date | Document | File |
|---|---|---|
| Ancillary Order dated November 8, 2016 | ||
Approval and Vesting Order dated November 8, 2016
| ||
Order dated February 16, 2016 (ancillary order)
| ||
Order dated February 16, 2016 (approval and vesting order)
| ||
| Motion record returnable January 26, 2016 (Part 1 of 4) | ||
Motion record returnable January 26, 2016 (Part 2 of 4)
| ||
| Motion record returnable January 26, 2016 (Part 3 of 4) | ||
Motion record returnable January 26, 2016 (Part 4 of 4)
| ||
Second report of the Receiver dated January 12, 2016
| ||
| Motion record returnable July 21, 2015 (Part 1 of 3) | ||
Motion record returnable July 21, 2015 (Part 3 of 3)
| ||
Order of Justice Rady dated July 21, 2015 (approval of Receiver’s sales process)
| ||
First report of the Receiver dated June 29, 2015
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| Notice and Statement of the Court Appointed Receiver | ||
Application record to Appoint Receiver returnable May 26, 2015
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Order of Justice Miller dated May 26, 2015 (appointment of Receiver)
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Service List
| ||
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