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 record4,181 days
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
#Sale

The court granted an approval and vesting order for the sale to 2492423 Ontario Inc. Closing terms, as extracted: Vesting effective upon delivery of Receiver's Certificate confirming payment of Purchase Price and satisfaction of closing conditions. Sealed: Confidential Second Report and Sale Agreement.

Source: Order dated February 16, 2016 (approval and vesting order)

#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
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 LLP—Service list
CreditorBank of MontrealMiller Thomson LLP—Service list
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
#Priority classCreditorAmountSource
3Deemed trusts (CRA and other)Canada Revenue Agency · in 985 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)
4Secured
4Secured
4Secured

4 more claims in 2 classes The stack holds Deemed trusts (CRA and other) and Secured claims.

Every creditor and every amount, drawn to scale.

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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 approved — Assignment 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 Montreal—shortfallEstimatedper 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 firms — latest: Albert Gelman Inc., 1 Dec – 31 Dec 2015, incl. HSTMotion record returnable January 26, 2016 (Part 4 of 4) · 12 Jan 2016

FirmPeriodHoursFeesRatesSource
Albert Gelman Inc.Receiverperiod 2 of 21 Dec – 31 Dec 2015—2 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 12 Jan 2016
2 people — Albert Gelman Inc., 1 Dec – 31 Dec 2015 · 6 blurred figures
NameTitleHoursRateFees
Joe AlbertPrincipal
Tom McElroyManager
Albert Gelman Inc.Receiverperiod 1 of 2—Sought—5 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 12 Jan 2016
5 people — Albert Gelman Inc. · 18 blurred figures
NameTitleHoursRateFees
Bryan GelmanPrincipal
Joe AlbertPrincipal
Tom McElroyManager
Sally MahjoubEstate Administrator
Daphna CherniakEstate Administrator
——stated average
Harrison Pensa LLPCounsel to the receiverperiod 5 of 53 Nov – 30 Dec 2015—4 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 12 Jan 2016
4 people — Harrison Pensa LLP, 3 Nov – 30 Dec 2015 · 12 blurred figures
NameYear of callHoursRateFees
Timothy C. Hogan1995
Michael Cassone2002
Melinda Vine2007
Kelly Bryant—
Harrison Pensa LLPCounsel to the receiverperiod 5 of 523 Jun – 30 Dec 2015Sought—Motion record returnable January 26, 2016 (Part 4 of 4) · 12 Jan 2016
Harrison Pensa LLPCounsel to the receiverperiod 3 of 51 Oct – 2 Nov 2015—3 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 12 Jan 2016
3 people — Harrison Pensa LLP, 1 Oct – 2 Nov 2015 · 9 blurred figures
NameYear of callHoursRateFees
Timothy C. Hogan1995
Timothy C. Hogan1995
Michael Cassone2002
Harrison Pensa LLPCounsel to the receiverperiod 2 of 57 Aug – 30 Sep 2015—6 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 12 Jan 2016
6 people — Harrison Pensa LLP, 7 Aug – 30 Sep 2015 · 18 blurred figures
NameYear of callHoursRateFees
Timothy C. Hogan1995
Michael Cassone2002
Michael Mumby2008
Lauren Lee2014
Kelly Bryant—
Aparna Bhushan—
Harrison Pensa LLPCounsel to the receiverperiod 1 of 523 Jun – 6 Aug 2015—7 peopleMotion record returnable January 26, 2016 (Part 4 of 4) · 12 Jan 2016
7 people — Harrison Pensa LLP, 23 Jun – 6 Aug 2015 · 21 blurred figures
NameYear of callHoursRateFees
Timothy C. Hogan1995
Michael Cassone2002
Melinda Vine2007
Michael Mumby2008
Lauren Lee2014
Kelly Bryant—
Colin Campbell—

98 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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Estate financialsReported figures — never derived

Professional fees

$148K

As at 30 Nov 2015Second report of the Receiver dated January 12, 2016

Documents
17 filings
DateDocumentFile
Ancillary Order dated November 8, 2016PDF · Subscribers
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
  • Stalking horse Subscribers
PDF · Subscribers
Order dated February 16, 2016 (ancillary order)
  • Counsel Harrison Pensa LLP
PDF · Subscribers
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.
  • Counsel Harrison Pensa LLP
  • Order date 16 February 2016
  • 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 · approved
  • + 2 more extracted facts
PDF · Subscribers
Motion record returnable January 26, 2016 (Part 1 of 4)PDF · Subscribers
Motion record returnable January 26, 2016 (Part 2 of 4)
  • Counsel Harrison Pensa LLP
PDF · Subscribers
Motion record returnable January 26, 2016 (Part 3 of 4)PDF · Subscribers
Motion record returnable January 26, 2016 (Part 4 of 4)
PDF · Subscribers
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.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 8 more extracted facts
PDF · Subscribers
Motion record returnable July 21, 2015 (Part 1 of 3)PDF · Subscribers
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
  • + 2 more extracted facts
PDF · Subscribers
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
  • Financial position · Secured creditors · Stalking horse Subscribers
  • + 1 more extracted fact
PDF · Subscribers
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 · Subscribers
Notice and Statement of the Court Appointed ReceiverPDF · Subscribers
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 · Subscribers
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 · Subscribers
Service List
  • Counsel Simpson Wigle Law LLP
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., “Abingdon Meat Packers Limited and DeSimone Investments Limited” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 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.