#Report
The officer filed report no. Tenth Report of the Receiver.
Source: Tenth Report of Receiver ( relating to Caldwell Claims Motion August 23, 2019)
Annie Yeretsian et al.
ActiveFollow
- Proceeding
- Receivership (court-appointed)Section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43
- File
- CV-18-592103-00CL
OverviewSummary updated
Annie Yeretsian, 2457674 Ontario Inc. and Moss Development Ltd. have been in court-appointed receivership since February 28, 2018, when the Ontario Superior Court of Justice appointed Rosen Goldberg Inc. as receiver and manager under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, in Court File No. CV-18-592103-00CL. The application was brought by first mortgagees including Comfort Capital Inc., The Bank of Nova Scotia Trust Company, E. Manson Investments Ltd. and Fenfam Holdings Inc., whose mortgages over the High Point, Caldwell, Loyalist and Bridge properties are to be satisfied from sale proceeds. Later charges over the same properties are held by Moshum Capital Inc., D. & A. Macleod Company Ltd., Mere Investments Ltd., Atlas Capital Corporation and Far Hills Properties Inc.
Claims processIf you are owed money
A claims procedure has been established — see the order for deadlines.
Per the Claims Process Ground Rules.
Proceedings AIOpen Proceedings AI
Case updates87 dated entries · 10 undated
#Order
Endorsement of Madame Justice Chiappetta dated June 12, 2019 (Claims Process) — Endorsement / reasons
#Filing
Motion Record of Canada Investment Corporation et al returnable June 27, 2019 (Miller Thomson fees) — Application / notice of application
#Filing
Consolidated Motion Record of Morteza Katabian returnable June 6, 2019 ( Barrie property) — Application / notice of application
#Filing
Third Supplementary Motion Record of HJLJ Parties Returnable June 6, 2019 — Application / notice of application
#Filing
Motion Record of Brauti Thorning LLP returnable June 6, 2019 (fee issue) — Application / notice of application
#Filing
Receiver's Supplementary Motion Record returnable January 25, 2019 (Part 1) — Application / notice of application
#Order
Endorsement of Justice Dunphy dated November 28, 2018 (mortgage priority) — Endorsement / reasons
#Filing
Motion Record of Canada Capital Corporation et al. Returnable November 28, 2018 (release of funds for legal fees) — Application / notice of application
#Filing
Responding Record of Canadian Investment Corporation et al. in Claims Process (Stanbarr claim) — Response / objection pleading
#Filing
Responding Record of Canadian Investment Corporation et al. in Claims Process (Currah claim) — Response / objection pleading
#Filing
Responding Record of Canadian Investment Corporation et al. in Claims Process (HJLJ claim) — Response / objection pleading
#Filing
Responding Record of Canadian Investment Corporation et al. in Claims Process (Turlo claim) — Response / objection pleading
#Filing
Affidavit of Annie Yeretsian sworn October 16, 2018 (Motion to Strike) — Application / notice of application
#Filing
Factum of Responding Party Morteza Katabian (Motion to Strike) — Application / notice of application
#Filing
Brief of Authorities of Responding Party Morteza Katabian (Motion to Strike) — Application / notice of application
#Filing
Responding Motion of 2399194 Ontario Inc. (Motion to Strike) — Application / notice of application
#Filing
Amended Motion of Canada Investment Corporation et al. returnable October 18, 2018 (Motion to Strike) — Application / notice of application
#Filing
Bookof Authorities of Canada Investment Corporatio et al (Motion to Strike)n — Application / notice of application
#Filing
Factum of Authorities of Canada Investment Corporation et al ( Motion to Strike) — Application / notice of application
#Filing
Notice of Motion of Canada Investment Corporation, Canada Capital Corporation et. al, returnable October 4, 2018 — Application / notice of application
#Filing
Responding Motion Record of Payam Katabian dated Septmber 12, 2018 — Response / objection pleading
#Filing
Supplemental Responding Motion Record of Morteza Katabian dated Augsut 28, 2018 — Response / objection pleading
#Sale
The court granted an approval and vesting order. Sealed: The two appraisals of Malmo by Hendren Real Estate Appraisals Ltd. are sealed and kept confidential until completion of the Malmo APS transaction or further Order.
Source: Approval and Sealing Orderof Justice Dunphy dated Augsut 16, 2018 (Malmo)
#Sale
The court granted an approval and vesting order for the sale to Seven-Cos Ltd. Closing terms, as extracted: Vesting is effective upon delivery of a Receiver's certificate confirming payment of the Purchase Price, satisfaction or waiver of closing conditions in sections 18, 19 and 20 of the Sale Agreement, and completion of the Transaction to the Receiver's satisfaction.
Source: Approval of Vesting Order of Justice Dunphy dated Augsut 16,2018(Malmo)June 27, 2018
#Filing
Receiver's Motion Returnable August 16, 2018 (Part 1of 2) — Application / notice of application
#Filing
Receiver's Motion Returnable August 16, 2018 (Part 2 of 2) — Application / notice of application
#Filing
Second Supplementary Motion Record of Patrick Nersesian Returnable August 16, 2018 — Application / notice of application
#Distribution
Order of Honourable Justice Dunphy dated August 3, 2018(Distribution) — Distribution order
#Filing
Motion Record of Annie Yeretsian returnable July 31, 2018 — Application / notice of application
#Filing
Responding Record of Canadian Investment Corporation et al. in Claims Process (Katabian claim-Part 4 of 42) — Response / objection pleading
#Filing
Supplemental Motion Record of Canada Capital Corporation Inc. et al returnable July 31, 2018 — Application / notice of application
#Filing
Receiver's Motion Record Returnable June 27, 2018 (Distribution) — Application / notice of application
#Filing
Motion Record of Canada Investment Corporation and Canada Capital Corporation Returnable June 27, 2018 — Application / notice of application
#Sale
The court granted an approval and vesting order for the sale to Mehrdad Barghian and Mojgan Massoudinia. Closing terms, as extracted: Vesting is effective upon delivery of the Receiver's certificate to the Purchasers substantially in the form of Schedule A.
#Sale
The court granted an approval and vesting order for the sale to 1974692 Ontario Inc. Closing terms, as extracted: Vesting is effective upon delivery of the Receiver's certificate to the Purchaser substantially in the form of Schedule A.
#Sale
The court granted an approval and vesting order for the sale to 1433655 Ont Inc. and 1693297 Ontario Inc. Closing terms, as extracted: Vesting is effective upon delivery by the Receiver of a Receiver's certificate to the Purchasers substantially in the form of Schedule A, confirming payment of the Purchase Price, satisfaction or waiver of closing conditions, and completion of the Transaction to the Receiver's satisfaction.
#Sale
The court granted an approval and vesting order for the sale to Glenn Crawford and Lisa Crawford. Closing terms, as extracted: Vesting takes effect upon delivery of the Receiver's certificate confirming payment of the Purchase Price, satisfaction or waiver of closing conditions in sections 17, 18 and 19 of the Sale Agreement, and completion of the Transaction to the Receiver's satisfaction.
#Filing
Responding Motion Record of Canada Investment Corporation et al — Response / objection pleading
#Filing
Supplementary Responding Motion Record of Applicants dated May 27, 2018 — Response / objection pleading
#Filing
Responding Motion Record of Receiver Returnable May 28, 2018 (includes second report) — Response / objection pleading
#Filing
Motion Record of 2362090 Ontario Inc. dated May 18, 2018 — Application / notice of application
#Order
The court appointed Rosen Goldberg Inc. as receiver and manager, on the application of COMFORT CAPITAL INC., THE BANK OF NOVA SCOTIA TRUST COMPANY, E. MANSON INVESTMENTS LTD., FENFAM HOLDINGS INC., and others (as listed in the caption). Court file CV-18-592103-00CL.
#Order
The Ontario Superior Court of Justice appointed Rosen Goldberg Inc. as receiver and manager over the mortgaged properties on February 28, 2018, on the first mortgagees' application.
Source: Receivership Appointment Order
Undated filings10 — no date appears on the document · show
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Filing
Joint Brief of Authorities of the HJLJ and Stanbarr Parties (Motion to Strike) — Application filed
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Filing
Joint Factum of the HJLJ and Stanbarr Parties (Motion to Strike) — Application filed
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Claims
Proof of Claim-2457674 Ontario Inc. (97 Bridge Street) — Claims process approved
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Claims
Proof of Claim-Terry Wilson (124597 Loyalist Parkway) — Claims process approved
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Filing
REsponding Motion Record of 2384419 Ontario Inc. and Roman Turlo (Motion to Strike) — Application filed
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Filing
Responding Record of Canadian Investment Corporation et al. in Claims Process (Katabian claim-Part 3 ) — Application filed
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Parties
Debtor
Annie Yeretsian et al.
Receiver
Rosen Goldberg
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Dunphy | Ontario Superior Court of Justice | 12 orders, May 2018 – Aug 2018 | 93 cases on record |
| Justice Hainey | Ontario Superior Court of Justice | 4 orders, Jun 2018 – Jun 2019 | 211 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverRosen Goldberg | Blaney McMurtry LLP | 22 Jun 2018 | Order · 22 Jun 2018 |
| Creditor2399194 Ontario Inc | Berkow Youd Lev-Farrell Das LLP · Youd Lev-Farrell Das LLP | 15 Oct 2018 | Application · 15 Oct 2018 |
| CreditorCANADA CAPITAL CORPORATION INC | Brauti Thorning Zibarras LLP | 26 Nov 2018 | Application · 26 Nov 2018 |
| CreditorCanada Investment Corporation, Inc., 2457674 Ontario Inc | Brauti Thorning Zibarras LLP | 11 Oct 2018 | Application · 11 Oct 2018 |
| CreditorHJLJ and the Stanbarr | Chaitons LLP | — | Application |
| CreditorMorteza Katebian aka Ben Katebian | Berkow Youd Lev-Farrell Das LLP | 16 Oct 2018 | Application · 16 Oct 2018 |
Capital structureAs asserted in the filings
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Christopher Graham Rogers and Norah Doreen RogersCharge/Mortgage (Bridge Street Second Charge), Instrument No. EC38115 registered March 4, 2016, over 97 Bridge Street, Picton — Original principal amount registered; not a stated current outstanding balance. This charge was subsequently transferred to D. & A. Macleod Company Ltd. by Transfer of Charge EC38385 registered March 31, 2016. — debtor: 2457674 Ontario Inc. · as of 4 Mar 2016 | $500K | Second Supplementary Report to the First Report of Receiver |
| Secured | |||
| Secured | |||
| Secured | |||
| Secured | |||
| Secured | |||
| Secured |
6 more claims in 1 class The stack holds Secured claims.
Every creditor and every amount.
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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 processAs stated in the filings
5 transactions · 5 approved — The order approves an agreement of purchase and sale for 65 Malmo Court, Vaughan, seals the appraisals, and directs distribution of net proceeds to the first mortgagees upon completion of the transaction.Approval and Sealing Orderof Justice Dunphy dated Augsut 16, 2018… · 16 Aug 2018
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 1433655 Ont Inc. and 1693297 Ontario Inc.the assets of the Debtor Moss Development Ltd. described in the Sale Agreement (the "Purchased Assets"), being the real property listed in Schedule B (lots in Plan 51M946, Township of Oro-Medonte) · real property · agreement 2 May 2018 | not stated | Approved1 Jun 2018 | Issued Approval and Vesting Order-Caldwell |
| 1974692 Ontario Inc.the right, title and interest of the Debtor 2457674 Ontario Inc. in the Purchased Assets described in the Sale Agreement (real property, PIN 55072-0020 (LT), Picton, Prince Edward County) · real property · agreement 27 Apr 2018 | not stated | Approved1 Jun 2018 | Issued Approval and Vesting Order-Bridge Street |
| Glenn Crawford and Lisa Crawfordthe right, title and interest of the Debtor Terry Wilson in the Purchased Assets described in the Sale Agreement, including real property (PIN 55074-0092(LT)) in Prince Edward County · real property · agreement 20 Apr 2018 | not stated | Approved1 Jun 2018 | Issued Approval and Vesting Order-Loyalist |
| Mehrdad Barghian and Mojgan Massoudiniathe right, title and interest of the Debtor Annie Yeretsian in the assets described in the Sale Agreement, including the real property at PIN 10126-0383 (LT) · asset sale · agreement 11 Apr 2018 | not stated | Approved1 Jun 2018 | Issued Approval and Vesting Order- High Point |
| Seven-Cos Ltd.the property municipally known as 65 Malmo Court, Vaughan, being the assets of the Debtor 2399029 Ontario Inc. described in the Sale Agreement (the Purchased Assets) · real property · agreement 30 Jul 2018 | not stated | Approved16 Aug 2018 | Approval of Vesting Order of Justice Dunphy… |
Closing termsVesting is effective upon delivery of a Receiver's certificate confirming payment of the Purchase Price, satisfaction or waiver of closing conditions in sections 18, 19 and 20 of the Sale Agreement, and completion of the Transaction to the Receiver's satisfaction.Approval of Vesting Order of Justice Dunphy dated Augsut…
Sealed materialsThe two appraisals of Malmo by Hendren Real Estate Appraisals Ltd. are sealed and kept confidential until completion of the Malmo APS transaction or further OrderApproval and Sealing Orderof Justice Dunphy dated Augsut 16, 2018…
Documents
97 filings
| Date | Document | File |
|---|---|---|
Tenth Report of Receiver ( relating to Caldwell Claims Motion August 23, 2019)
| PDF · Subscribers | |
| Endorsement of Justice Hainey dated June 27, 2019 (Scheduling) | PDF · Subscribers | |
Order of teh Honourable Mr. Justice Hainey dated June 27, 2019 (Interim Payment re: Caldwell)
| PDF · Subscribers | |
Order of the Honorable Mr. Justice Hainey dated June 27, 2019 (Miller Thomson fees and Stanbarr claims)
| PDF · Subscribers | |
Endorsement of Madame Justice Chiappetta dated June 12, 2019 (Claims Process)
| PDF · Subscribers | |
| Motion Record of Canada Investment Corporation et al returnable June 27, 2019 (Miller Thomson fees) | PDF · Subscribers | |
| Endorsement of Madame Justice Chiappetta of June 6, 2019 | PDF · Subscribers | |
| Ninth Report of Receiver relating to Motion retrunable June 6, 2019 | PDF · Subscribers | |
| Book of Authorities of Brauti Thorning LLP (fee issue) | PDF · Subscribers | |
| Consolidated Motion Record of Morteza Katabian returnable June 6, 2019 ( Barrie property) | PDF · Subscribers | |
| Third Supplementary Motion Record of HJLJ Parties Returnable June 6, 2019 | PDF · Subscribers | |
| Factum of Brauti Thorning LLP returnable Jone 6, 2019 (fee issue) | PDF · Subscribers | |
| Motion Record of Brauti Thorning LLP returnable June 6, 2019 (fee issue) | PDF · Subscribers | |
| Endorsement of Madame Justice Chiappetta of January 25, 2019 | PDF · Subscribers | |
| Order of Madame Justice Chiappetta dated January 25, 2019 | PDF · Subscribers | |
| Receiver's Supplementary Motion Record returnable January 25, 2019 (Part 1) | PDF · Subscribers | |
| Endorsement of Justice Conway dated January 8, 2019 | PDF · Subscribers | |
| Endorsement of Justice Dunphy dated December 19, 2018 | PDF · Subscribers | |
| Order of the Justice Dunphy dated December 19, 2018 (BTZ interim fee distribution) | PDF · Subscribers | |
| Endorsement of Justice Dunphy dated December 7, 2018 | PDF · Subscribers | |
| Endorsement of Justice Dunphy dated November 28, 2018 (mortgage priority) | PDF · Subscribers | |
Motion Record of Canada Capital Corporation et al. Returnable November 28, 2018 (release of funds for legal fees)
| PDF · Subscribers | |
| Responding Record of Canadian Investment Corporation et al. in Claims Process (Stanbarr claim) | PDF · Subscribers | |
Endorsement of Justice Hainey dated November, 2018
| PDF · Subscribers | |
| Responding Record of Canadian Investment Corporation et al. in Claims Process (Currah claim) | PDF · Subscribers | |
| Responding Record of Canadian Investment Corporation et al. in Claims Process (HJLJ claim) | PDF · Subscribers | |
| Responding Record of Canadian Investment Corporation et al. in Claims Process (Turlo claim) | PDF · Subscribers | |
| Endorsement of Justice Hainey dated October 18, 2018 | PDF · Subscribers | |
| Affidavit of Annie Yeretsian sworn October 16, 2018 (Motion to Strike) | PDF · Subscribers | |
Factum of Responding Party Morteza Katabian (Motion to Strike)
| PDF · Subscribers | |
| Brief of Authorities of Responding Party Morteza Katabian (Motion to Strike) | PDF · Subscribers | |
Responding Motion of 2399194 Ontario Inc. (Motion to Strike)
| PDF · Subscribers | |
| Amended Motion of Canada Investment Corporation et al. returnable October 18, 2018 (Motion to Strike) | PDF · Subscribers | |
| Bookof Authorities of Canada Investment Corporatio et al (Motion to Strike)n | PDF · Subscribers | |
Factum of Authorities of Canada Investment Corporation et al ( Motion to Strike)
| PDF · Subscribers | |
| Notice of Motion of Canada Investment Corporation, Canada Capital Corporation et. al, returnable October 4, 2018 | PDF · Subscribers | |
| Receiver's Sixth Report dated September 18, 2018 | PDF · Subscribers | |
| Responding Motion Record of Payam Katabian dated Septmber 12, 2018 | PDF · Subscribers | |
| Affidavit of Annie Yeretsian (sworn August 29, 2018) | PDF · Subscribers | |
| Affidavit of Roman Turlo dated August 29, 2018 | PDF · Subscribers | |
| Claim Record of Currah Capital Corporation( Volume 1of 2) | PDF · Subscribers | |
| Claim Record of Currah Capital Corporation( Volume 2 of 2) | PDF · Subscribers | |
| Supplemental Responding Motion Record of Morteza Katabian dated Augsut 28, 2018 | PDF · Subscribers | |
Approval and Sealing Orderof Justice Dunphy dated Augsut 16, 2018 (Malmo)
| PDF · Subscribers | |
Endorsement of Justice Dunphy dated August 16, 2018
| PDF · Subscribers | |
Order of Justice Dunphy regarding Malmo and Loyalist chattels dated August 16, 2018
| PDF · Subscribers | |
| Reply Factum and Book of Authorities of the Applicants Returnable August 16, 2018 | PDF · Subscribers | |
| Compendium of the Applicants Returnable August 16, 2018 | PDF · Subscribers | |
| Factum of Moving Parties Returnable August 16, 2018 | PDF · Subscribers | |
| Receiver's Motion Returnable August 16, 2018 (Part 1of 2) | PDF · Subscribers | |
Receiver's Motion Returnable August 16, 2018 (Part 2 of 2)
| PDF · Subscribers | |
| Second Supplementary Motion Record of Patrick Nersesian Returnable August 16, 2018 | PDF · Subscribers | |
Endorsement of the Honourable Mr. Justice Dunphy dated August 3, 2018
| PDF · Subscribers | |
Order of Honourable Justice Dunphy dated August 3, 2018(Distribution)
| PDF · Subscribers | |
Endorsement of the Honourable Mr. Justice Dunphy dated July 31, 2018
| PDF · Subscribers | |
| Motion Record of Annie Yeretsian returnable July 31, 2018 | PDF · Subscribers | |
| Responding Record of Canadian Investment Corporation et al. in Claims Process (Katabian claim-Part 4 of 42) | PDF · Subscribers | |
| Supplemental Motion Record of Canada Capital Corporation Inc. et al returnable July 31, 2018 | PDF · Subscribers | |
| Affidavit of Laura Micoli sworn June 27, 2018 | PDF · Subscribers | |
Approval of Vesting Order of Justice Dunphy dated Augsut 16,2018(Malmo)June 27, 2018
| PDF · Subscribers | |
| Endorsement of the Honourable Mr. Justice Dunphy dated June 27, 2018 | PDF · Subscribers | |
| Factum and Book of Authorities of the Applicants (June 27, 2018) | PDF · Subscribers | |
Receiver's Motion Record Returnable June 27, 2018 (Distribution)
| PDF · Subscribers | |
| Motion Record of Canada Investment Corporation and Canada Capital Corporation Returnable June 27, 2018 | PDF · Subscribers | |
| Motion Record of Receiver Returnable July 31, 2018 | PDF · Subscribers | |
Order of Justice Hainey dated June 22, 2018 (Distribution)
| PDF · Subscribers | |
Second Supplementary Report to the First Report of Receiver
| PDF · Subscribers | |
| Factum of Moving Party Returnbale June 1, 2018 | PDF · Subscribers | |
Issued Approval and Vesting Order- High Point
| PDF · Subscribers | |
Issued Approval and Vesting Order-Bridge Street
| PDF · Subscribers | |
Issued Approval and Vesting Order-Caldwell
| PDF · Subscribers | |
Issued Approval and Vesting Order-Loyalist
| PDF · Subscribers | |
| Affidavit of James Satin dated May 31, 2018 | PDF · Subscribers | |
| Responding Motion Record of Canada Investment Corporation et al | PDF · Subscribers | |
Endorsement of the Honourable Mr. Justice Dunphy dated May 28, 2018
| PDF · Subscribers | |
| Supplementary Responding Motion Record of Applicants dated May 27, 2018 | PDF · Subscribers | |
| Motion Record of Applicants returnable May 28, 2018 | PDF · Subscribers | |
| Responding Motion Record of Receiver Returnable May 28, 2018 (includes second report) | PDF · Subscribers | |
| Supplementary Affidavit of Patrick Nersesian dated May 25, 2018 | PDF · Subscribers | |
| Motion Record of Receiver Returnable May 31, 2018 | PDF · Subscribers | |
| Motion Record of 2362090 Ontario Inc. dated May 18, 2018 | PDF · Subscribers | |
Amended Receivership Appointment Order
| PDF · Subscribers | |
Receivership Appointment Order
| PDF · Subscribers | |
| Application Record- Part 3 | PDF · Subscribers | |
Application Record-Part 2
| PDF · Subscribers | |
| Application Record-Part1 | PDF · Subscribers | |
Reasons of the Honourable Justice McEwen
| PDF · Subscribers | |
| Claims Process Ground Rules | PDF · Subscribers | |
| Further Supplementary Motion Record of the HJLJ Parties | PDF · Subscribers | |
| Joint Brief of Authorities of the HJLJ and Stanbarr Parties (Motion to Strike) | PDF · Subscribers | |
Joint Factum of the HJLJ and Stanbarr Parties (Motion to Strike)
| PDF · Subscribers | |
| Proof of Claim-2457674 Ontario Inc. (97 Bridge Street) | PDF · Subscribers | |
| Proof of Claim-Terry Wilson (124597 Loyalist Parkway) | PDF · Subscribers | |
| REsponding Motion Record of 2384419 Ontario Inc. and Roman Turlo (Motion to Strike) | PDF · Subscribers | |
| Responding Record of Canadian Investment Corporation et al. in Claims Process (Katabian claim-Part 3 ) | PDF · Subscribers | |
| Supplementary Motion Record of the HJLJ Parties | PDF · Subscribers | |
| Supplementary Motion Record of the Stanbarr Parties | 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., “Annie Yeretsian et al.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 5 November 2026, https://proceedings.ca/case/annie-yeretsian-et-al