Bondfield Construction Company Limited remains under CCAA protection in the Ontario Superior Court of Justice, where proceedings were commenced on April 3, 2019 under court file CV-19-615560-00CL. The initial stay of proceedings ran to May 3, 2019 and has been extended successively to June 27, 2019, January 31, 2020, May 15, 2020, January 22, 2021, January 27, 2023 and, most recently, January 26, 2024. Orders in the proceeding were made on April 3 and April 30, 2019, June 27, 2019, January 30 and May 15, 2020, January 25, 2022 and January 18, 2023. The case is active.
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The officer filed report no. Thirtieth Report. BCCL has no remaining employees and relies on contractors for back-office functions; all construction projects have been completed, transferred, or terminated, and the Applicants continue to focus on litigation recoveries (Auditor Litigation, SMH Action, TUV enforcement) and monetizing a residual real property interest.
Corebuild Construction Ltd.BCCL's rights, interests and obligations under the Transferred Contracts · asset sale
SealedAmount payable by Zurich to Corebuild is set out in a Confidential Appendix; approximate future loss figures given but not the actual transaction price.
Cash on hand$61K · Note: Monitor also held approximately $740,000 in trust accounts available to cover corporate administrative and restructuring costs. · As at: 2026-01-11 · Qualifier: approximately
DisbursementsNote: Document states components, not a summed total: $1,672,000 in settlement payments and $910,000 in general administrative and restructuring costs during the Reporting Period (Dec 30, 2024 to Jan 11, 2026), funded by Zurich and Monitor trust transfers, resulting in a net cash outflow of approximately $11,000. · Since: December 30, 2024 · Currency: CAD
Operational summaryBCCL has no remaining employees and relies on contractors for back-office functions; all construction projects have been completed, transferred, or terminated, and the Applicants continue to focus on litigation recoveries (Auditor Litigation, SMH Action, TUV enforcement) and monetizing a residual real property interest.
1 Notice of Motion dated January 16, 2023 2 Twenty-Second Report of the Monitor dated January 16, 2023 Appendix “A” – Summary of BCCL’s Remaining Bonded Projects Appendix “B” – Redacted Amendment No. 5 to the Agent DIP Facility Confidential Appendix “C” – Intentionally left blank. Appendix “D” – Order of Justice Morawetz dated October 25, 2022 Court File No. CV-21-661458-00CL Appendix “E” – Summary of Potential LC Funds Appendix “F” – Redacted Summary of Actual Receipts and Disbursements from January 1, 2022 to December 30, 2022 Confidential Appendix “G” – Intentionally left blank. Appendix “H” – Redacted Copy of Cash Flow Forecast from December 30, 2022 to January 26, 2024 Confidential Appendix “I” – Intentionally left blank 3 Draft Order (Stay Extension, Fifth Amended DIP Facility, Transition Matters)
This Twenty-Second Report (the “Twenty-Second Report”) has been prepared by the Monitor to provide information to the Court on: (a) the Applicants’ operations since the issuance of the Twentieth Report of the Monitor, dated January 19, 2022 (the “Twentieth Report”); (b) the Finch West Litigation (as defined below); (c) the Auditor Litigation (as defined below); (d) other litigation proceedings and settlements; (e) the current status of the P3 Projects (as defined below); (f) the current status of HST refunds owing from the Canada Revenue Agency (“CRA”) and the CRA audits; (g) the current status of the Potential LC Funds (as defined below); (h) the status of the Monitor’s transfer at undervalue proceedings; (i) the Applicants’ receipts and disbursements for the period from January 1, 2022 through December 30, 2022 compared to the cash flow forecast appended to the Twentieth Report; and (j) the Applicants’ updated cash flow forecast for the period from December 31, 2022 to January 26, 2024. This Twenty-Second Report has also been prepared to provide information to the Court on the Monitor’s motion for Orders: (a) extending the Stay Period to January 26, 2024; (b) providing certain supplementary relief as a consequence of the Bridging Assignment (as defined below); and (c) approving Amendment No. 5 to the Agent DIP Facility to be entered into by Zurich (as assignee of the Agent) and BCCL
1 Notice of Motion dated July 7, 2022 2 Twenty-First Report of the Monitor dated July 7, 2022 Appendix “A” – Redacted Amendment No. 4 to the Agent DIP Facility Confidential Appendix “B” – Intentionally left blank. 3 Draft Order (Fourth Amended DIP Facility
This Twenty-First Report has been prepared by the Monitor to provide information to the Court on the Monitor’s motion for an Order approving Amendment No. 4 to DIP Facility Loan Agreement entered into between the Agent and BCCL dated June 24, 2022 (“Amendment No. 4 to the Agent DIP Facility”)
KSV Restructuring Inc. Bill of Costs for Motion to Stay, dated June 7, 2022
CounselTorys LLP
Fee scheduleEngagements: Form: bill_of_costs · Rows: Jeremy Opolsky; R. Craig Gilchrist; Jeremy Opolsky; Fees: 4571 · Hours: 6.2 · Quote: Subtotal | 6.2 | $2,742.60 | $4,113.90 | $4,571.00 · Row kind: subtotal · Rate kind: standard · Name as stated: Subtotal; Jeremy Opolsky; Fees: 2487.5 · Hours: 2.5 · Quote: Subtotal | 2.5 | $1,492.50 | $2,238.75 | $2,487.50 · Row kind: subtotal · Rate kind: standard · Name as stated: Subtotal · Money: Tax: $918 · Label: HST (13%) · Quote: HST (13%) | $550.56 | $825.84 | $917.61 · Fees: $7.06K · Quote: Fees (as detailed below) | $4,235.10 | $6,352.65 | $7,058.50 · Total: $7.98K · Quote: Grand Total | $4,785.66 | $7,178.49 | $7,976.11 · includes tax · Approximate: false · Period: Kind: unstated · Approval: Quote: The Applicant, Respondent on Appeal, provides the following outline of the submissions to be made at the hearing in support of the costs the party will seek if successful. · State: sought · Averages: · Currency: · Invoices: · Firm text: KSV Restructuring Inc. · Firm quote: KSV Restructuring Inc. in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited · Context quote: KSV Restructuring Inc. in its capacity as Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited
1 Notice of Motion dated January 19, 2022 Schedule “A” – Videoconference Details Schedule “B” – Draft Statement of Claim against John Aquino and 2304288 Ontario Inc. 2 Twentieth Report of the Monitor dated January 19, 2022 Appendix “A” – Remaining Bonded Projects of BCCL – January 2022 Appendix “B” – Redacted Amendment No. 3 to the Agent DIP Facility Confidential Appendix “C” – Intentionally left blank. Appendix “D” – Summary of Potential Letter of Credit Funds of BCCL Appendix “E” – Redacted Bondfield CCAA Applicants Cash Flow Variance Analysis for the period from August 18, 2021 to December 31, 2021 Confidential Appendix “F” – Intentionally left blank. Appendix “G” – Redacted Bondfield Group Cash Flow Forecast for the period from January 1, 2022 to January 27, 2023 Confidential Appendix “H” – Intentionally left blank. Thirteenth Supplement to the Phase II Investigation Report of the Monitor dated January 19, 2022 Appendix “A” – Phase II Investigation Report dated October 30, 2019 (without Appendices) Appendix “B” – Reasons for Decision of Justice Dietrich dated March 19, 2021 Ernst & Young Inc. v. Aquino, 2021 ONSC 527 Appendix “C” – Costs Endorsement of Justice Dietrich dated November 16, 2021 Ernst & Young Inc. v. Aquino, 2021 ONSC 7514 Appendix “D” – Amended and Restated Initial Order of Justice Hainey dated April 3, 2019 4 Draft Order (Stay Extension and Claim Authorization) 5 Draft Order (Third Amended DIP Facility)
This Twentieth Report (the “Twentieth Report”) has been prepared by the Monitor to provide information to the Court on: (a) the Applicants’ operations since the issuance of the Nineteenth Report of the Monitor, dated September 21, 2021 (the “Nineteenth Report”); (b) the Finch West Litigation (as defined below); (c) the Auditor Litigation (as defined below); (d) other litigation proceedings and settlements; (e) the current status of the P3 Projects (as defined below); (f) the current status of HST refunds owing from the Canada Revenue Agency (“CRA”) and the CRA audits; (g) the current status of the Potential LC Funds (as defined below); (h) the status of the Monitor’s transfer at undervalue proceedings; (i) the Applicants’ receipts and disbursements for the period from August 28, 2021 through December 31, 2021 compared to the cash flow forecast appended to the Sixteenth Report; and (j) the Applicants’ updated cash flow forecast for the period from January 2, 2022 to January 27, 2023. This Twentieth Report has also been prepared to provide information to the Court on the Monitor’s motion for orders extending the Stay Period to January 27, 2023 and approving certain amendments to the Agent DIP Facility
This Nineteenth Report (the “Nineteenth Report”) has been prepared by the Monitor to provide information to the Court on: (a) the Applicants’ operations since the issuance of the Eighteenth Report of the Monitor, dated May 18, 2021 (the “Eighteenth Report”); (b) the current status of the P3 Projects (as defined below); (c) the Finch West Litigation (as defined below); (d) the Auditor Litigation (as defined below); (e) other litigation proceedings; (f) the current status of HST refunds owing from Canada Revenue Agency (“CRA”) and the CRA audits; (g) the current status of the Potential LC Funds (as defined below); (h) the status of the Monitor’s transfer at undervalue proceedings; and (i) the Applicants’ receipts and disbursements for the period from May 1, 2021 through August 27, 2021 compared to the cash flow forecast appended to the Sixteenth Report
Eighteenth Report (the “Eighteenth Report”) has been prepared by the Monitor to provide information to the Court on: (a) the Applicants’ operations since the issuance of the Sixteenth Report of the Monitor, dated January 13, 2021 (the “Sixteenth Report”); (b) the current status of the P3 Projects (as defined below); (c) the Finch West Litigation (as defined below); (d) the Auditor Litigation (as defined below); (e) the Walsh Bondfield Partnership (as defined below); (f) other litigation proceedings; (g) the current status of HST refunds owing from Canada Revenue Agency (“CRA”) and the CRA audits; (h) the current status of the Potential LC Funds (as defined below); (i) the status of the Monitor’s transfer at undervalue proceedings; and (j) the Applicants’ receipts and disbursements for the period from January 2, 2021 through April 30, 2021 compared to the cash flow forecast appended to the Sixteenth Report
Authorizing Bondfield Construction Company Limited (“BCCL”) to borrow an additional amount (the “Confidential Additional DIP Amount”) pursuant to Amendment No. 2 to DIP Facility Loan Agreement between BCCL and Bridging Finance Inc., as agent (as amended, the “Agent DIP Facility”); Sealing the confidential appendices to the Report
This Seventeenth Report (the “Seventeenth Report”) has been prepared by the Monitor to provide information to the Court on: (a) certain matters related to the Finch West Litigation; and (b) the Monitor’s motion for an order approving the Second Agent DIP Amendment and corresponding amendments to the Initial Order to account for the increased availability under the Further Amended Agent DIP Facility, substantially in the form attached as Schedule “B” to the Monitor’s Notice of Motion dated February 4, 2021
Notice of Motion dated January 13, 2021 Schedule “A” – Videoconference Details Sixteenth Report of the Monitor dated January 13, 2021 Appendix “A” – Summary of Bondfield Construction Company Limited remaining Projects Appendix “B” – Summary of Bondfield Construction Company Limited Pending HST Refunds as of November 30, 2020 Appendix “C” – Summary of Bondfield Construction Company Limited Potential LC Funds Appendix “D” – Redacted Summary of the Applicants’ Actual Receipts and Disbursements during the period from September 19, 2020 to January 1, 2021 Confidential Appendix “E” – Intentionally left blank Appendix “F” – Redacted Cash Flow Forecast for the period of January 2, 2021 to January 28, 2022 Confidential Appendix “G” – Intentionally left blank Draft Order (Stay Extension & Expansion of Powers)
THIS COURT ORDERS that the Stay Period is hereby extended from January 22. 2021 until and including January 28, 2022. EXPANSION OF POWERS THIS COURT ORDERS that, with the prior written consent of Zurich and the Agent or further Order of the Court, upon service of a notice in the form attached hereto as Schedule "A" (the "Expansion of Powers Notice”) on the Service List and without limiting the powers and protections in favour of the Monitor set out in the Initial Order or any other Order of this Own in the CCAA Proceedings, or under the CCAA or applicable law, the Monitor is hereby authorized and empowered, but not obligated to; (a) execute, assign, issue and endorse agreements, instruments, notices, directions, settlements, filings, certificates, authorizations and other documents of whatever nature on behalf of each of the Applicants as the Monitor deems appropriate, whether in the Monitor's name or in the name of and on behalf of any one of the Applicants; (b) delegate to: (i) such employees of Ernst & Young Inc. as the Monitor deems appropriate, or (ii) such employees of an Applicant as identified by the Monitor in a certificate delivered to the CCAA Filing Agreement parties and filed with the Court, the authority to sign such agreements, instruments, notices, directions, settlements. filings, certificates, authorizations and other documents of whatever nature on behalf of the Applicants; (c) execute, assign, issue and endorse agreements, instruments, notices, directions, settlements, filings, certificates, authorizations and other documents of whatever nature and take any steps of whatever nature on behalf of HGH Project Co and delegate such authority, in each case to the extent authorized by any power of attorney granted by HGH Project Co; (d) take steps to cause the Applicants to disclaim any agreements to which any of the Applicants are party in accordance with the CCAA; (e) take any and all corporate actions and actions regarding the governance of any Applicant that the board of directors or shareholders of any Applicant would otherwise take the authority to undertake (Governance Actions") including, without limitation, with respect to the bankruptcy, winding-up, dissolution or liquidation of the Applicants, provided, however, that the Monitor shall consult with Zurich and the Agent with respect to any such bankruptcy, winding-up, dissolution or liquidation and any such bankruptcy, winding-up, dissolution or liquidation shall be subject to the prior consent of both Zurich and the Agent of further order' of this Court; (f) exercise, on behalf of Bondfield Construction Company Limited, any rights and entitlements of Bondfield Construction Company Limited pursuant to the Shared Services Agreement; (g) exercise any shareholder, partnership, joint venture or other rights which the Applicants may have including, without limitation, in respect of HGH Project Co; (h) instruct subcontractors, suppliers and other parties on behalf of the Applicants as the Monitor deems necessary to complete any remaining construction work of the Applicants; (i) report to, meet with, discuss, and share information with such persons as the Monitor deems appropriate, subject to such terms as to confidentiality as the Monitor deems advisable; (j) on behalf of the Applicants, terminate any employees who remain employees of the Applicants and prepare and file employee-related remittances, T4 statements and records of employment, based solely upon the information in the Applicants' books and records on the basis that the Monitor shall incur no liability or obligation to any person with respect to such returns, remittances, statements, records or other documentation; (k) cause the Applicants to file, or take such actions necessary for the preparation and filing of, on behalf of and in the name of the Applicants, any tax returns, based solely upon the information in the Applicants' books and records on the basis that the Monitor shall incur no liability or obligation to any person with respect to such returns, (l) cause the Applicants to claim, or claim on behalf of the Applicants, or pay any and all rebates, refunds and other amounts of tax paid or payable by the Applicants, based solely upon the information in the Applicants' books and records on the basis that the Monitor shall incur no liability or obligation to any person with respect to such taxes, rebates, refunds or other amounts; and (m) take control of and/or open bank accounts in the name of the Applicants, including those listed on Schedule "B" attached hereto, (the "Bank Accounts") and the funds credited thereto or deposited therein including, but not limited to, transferring any funds received into these bank accounts to accounts had in the name of the Monitor; provided that the Monitor shall endeavor to cause the Applicants to perform the obligations of the Applicants with respect to such Bank Accounts, including the payment of any fees or expenses arising in the ordinary course from the use of the accounts. Provided always that nothing in this Order or anything done by the Monitor in furtherance of its duties as Monitor shall create any obligation or liability on the part of the Monitor in respect of any amounts owing by the Applicants on account of payment of such fees or expenses; and (n) take any steps reasonably incidental to the exercise of these powers (collectively, the "Expansion of Powers"}
This Sixteenth Report (the “Sixteenth Report”) has been prepared by the Monitor to provide information to the Court on: (a) the Applicants’ operations since the issuance of the Fourteenth Report of the Monitor, dated September 25, 2020 (the “Fourteenth Report”); (b) the status of the Corebuild Transaction (as defined below); (c) the current status of the P3 Projects (as defined below); (d) the Finch West Litigation (as defined below); (e) other litigation proceedings and settlements; (f) the current status of HST refunds owing from the Canada Revenue Agency (“CRA”) and the CRA audits; (g) the current status of the Potential LC Funds (as defined below); (h) the status of the Monitor’s transfer at undervalue proceedings; (i) the Applicants’ receipts and disbursements for the period from September 19, 2020 through January 1, 2021 compared to the cash flow forecast appended to the Fourteenth Report; and (j) the Applicants’ updated cash flow forecast for the period from January 2, 2021 to January 28, 2022. This Sixteenth Report has also been prepared to provide information to the Court on the Monitor’s motion for an order extending the Stay Period to January 28, 2022 and approving a proposed protocol to expand the powers of the Monitor when necessary and appropriate
Notice of Motion dated November 2, 2020 Fifteenth Report of the Monitor dated November 2, 2020 Appendix “A” – Construction Contract between Cambridge Project Co and Bondfield Construction Company Limited Appendix “B” – Contractor Direct Agreement between Bondfield Construction Company Limited, Bank of Montreal, and Cambridge Project Co Appendix “C” – Minutes of Settlement between Cambridge Memorial Hospital, Bank of Montreal, Bondfield Construction Company Limited, Zurich Insurance Company Ltd., and Ontario Infrastructure and Lands Corporation (DRAFT) Appendix “D” – Payment of Guaranteed Price under Cambridge Project Agreement (exclusive of HST) Draft Order (Authorization to Enter Settlement)
On November 2, 2020, Ernst & Young Inc., in its capacity as court-appointed Monitor (the “Monitor”) served the Fifteenth Report in these proceedings (the “Fifteenth Report”). The Fifteenth Report was served to provide information and the Monitor’s recommendation on a motion to approve Bondfield Construction Company Limited’s entry into and performance of a proposed settlement involving the Cambridge Memorial Hospital P3 project (the “Cambridge Settlement”)
SETTLEMENT THIS COURT ORDERS that Bondfield is hereby authorized and directed to enter into the Settlement, including without limitation, the Cambridge Settlement Agreement substantially in the form attached to the Supplement to the Fifteenth Report of the Monitor and to perform, execute and deliver all associated agreements, steps, transactions and releases effected or contemplated therein and by the Settlement, including the assignment by Bond field of its interest in the Cambridge Construction Contract to Zurich. THIS COURT ORDERS AND DECLARES that nothing in these proceedings under the Companies' Creditors Arrangement Act CCAA Proceedings") shall affect or interfere with the rights of CMH and Zurich pursuant to the Cambridge Settlement Agreement to perform their obligations and pursue their rights and remedies in respect of any matters arising from the Settlement, without further recourse to or leave under the CCAA Proceedings
The purpose of this Fifteenth Report of the Monitor (the “Fifteenth Report”) is to provide information and the Monitor’s recommendation on a motion to approve BCCL’s entry into and performance of a proposed settlement involving the Cambridge Memorial Hospital P3 project (the “Cambridge Settlement”)
The endorsement provided in connection with the Fourth Stay Extension Order stated that the Monitor would deliver an interim report on the CCAA proceedings in September 2020. This Fourteenth Report (the “Fourteenth Report”) has been prepared by the Monitor as an interim report to provide information on: (a) the Applicants’ operations since the issuance of the Thirteenth Report of the Monitor, dated May 11, 2020 (the “Thirteenth Report”); (b) the status of the Corebuild Transaction (as defined below); (c) the current status of the P3 Projects (as defined below); (d) the Finch West Litigation (as defined below); (e) other litigation and investigation proceedings; (f) the current status of HST refunds owing from Canada Revenue Agency (“CRA”) and the CRA audits; (g) the current status of the Potential LC Funds (as defined below); (h) the status of the Monitor’s transfer at undervalue proceedings; (i) the Monitor’s activities pursuant to the Preservation and Investigation Order dated April 13, 2020; (j) the Applicants’ receipts and disbursements for the period from May 2, 2020 through September 18, 2020 compared to the cash flow forecast appended to the Thirteenth Report; and (k) the Applicants’ updated cash flow forecast for the period from September 19, 2020 to January 29, 2021
1. Notice of Motion, dated August 27, 2020 2. Affidavit of Martin Bourget, sworn August 13, 2020 Exhibit A Contract, dated May 12, 2015 Exhibit B Lainco’s invoices Exhibit C Claim for Lien, registered January 26, 2017 Exhibit D Master Wiebe’s Order vacating lien, dated February 16, 2017 Exhibit E Statement of Claim, Court File No: CV-17-147, issued March 15, 2017 Exhibit F Certificate of Action, Court File No: CV-17-147, issued March 15, 2017 Exhibit G Statement of Defence and Counterclaim, Court File No: CV-17-147, dated August 28, 2017 Exhibit H E-mail thread between Lainco’s legal counsel and the Thunder Bay Superior Court of Justice, dating from March 18, 2019 through January 7, 2020 Exhibit I Pleadings in Court action against Zurich Insurance Company, Court File No: CV-17-0544: (1) Statement of Claim, issued November 14, 2017 (2) Statement of Defence, dated January 9, 2018 Exhibit J Honourable Hainey’s Order in Bondfield’s CCAA proceeding, Court File No: CV-19-615560-00CL, dated April 3, 2019 Exhibit K List of Creditors, dated April 3, 2019 Exhibit L Notice to Creditors, which was received by Lainco on or about April 17, 2019 Exhibit M Justice Hainey’s stay extension Order, Court File No: CV-19-615560-00CL, dated May 15, 2020
This Court orders that Zurich Insurance Company Ltd. ("Zurich") is hereby granted leave to intervene in the action, Lainco Inc. v. The Avila Foundation et al. bearing Court File No. CV-17-147 ('"Lien Action") and commenced in Thunder Bay, as an added party, and that Zurich shall be entitled to advance the defences, set-offs, and counterclaims of Bondfield Construction Company Limited ("Bondfield")
This is a motion by Lainco Inc. (“Lainco”), a construction lien creditor of Bondfield Construction Company Limited (“Bondfield”). Lainco seeks an Order lifting the stay of proceedings herein so its lien claim may continue against the security posted to the credit of Lainco’s lien. Lainco submits that there are sound reasons to lift the stay in this case: the balance of convenience favours Lainco; the prejudice to Bondfield and the restructuring process is low compared to the prejudice to Lainco if the stay were to remain; and Lainco’s action is meritorious
The purpose of this seventh supplement to the Phase II Investigation Report (“Seventh Supplement”) is to: · reply to the evidence of the Individual Respondents delivered since the Sixth Supplement; and · for the convenience of the Court and the parties summarize and extract key information and appendices from the Supplemental Reports that remains relevant to the TUV Application and the responding records of the Respondents in the TUV Application
This affidavit is sworn in response to the Application of Ernst &Young Inc. in its capacity as court appointed monitor (the "Monitor") issued November 12, 2019 to declare certain alleged financial transactions as transfers at undervalue pursuant to s. 96 of the Bankruptcy and Insolvency Act, amongst other relief sought. This affidavit is also sworn in response to the Application of the Trustee-in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited (the "Trustee") issued February 21, 2020 (the "KSV Application") to declare certain alleged financial transactions as transfers at undervalue pursuant. to s. 96 of the Bankruptcy and Insolvency Act, among other relief sought. This affidavit is a supplement to my affidavits sworn June 19, 2020 to the Application and KSV Application
I have no knowledge of any involvement by Michael in directing the issuance of invoices or signing cheques as alleged by KSV Kofman Inc. (the "Trustee") and Ernst & Young Inc. (the "Monitor") I have no knowledge of Michael receiving any payments or funds through any scheme as alleged by the Trustee and the Monitor
I have read the Affidavit of John Aquino, sworn June 14, 2020, and the exhibits attached thereto. I have also read the Affidavit of Giuseppe Anastasio, sworn June 19, 2020. I will be relying on this evidence in opposing the relief being sought by the Monitor in the herein application. I expressly deny that the Impugned Transactions (as defined by the Monitor) were transfers at undervalue pursuant to Section 96 of the Bankruptcy and Insolvency Act (Canada) ("BIA")
I have read the Affidavit of John Aquino, sworn June 14, 2020, and the exhibits attached thereto. will be relying on this evidence in opposing the relief being sought by the Monitor in the herein application. I expressly deny that the Impugned Transactions (as defined by the Monitor) were transfers at undervalue pursuant to Section 96 of the Bankruptcy and Insolvency Act (Canada) ("BIA"). I write only to explain who the directing minds of Bondfield were at the relevant times of the Impugned Transactions, how the company was operated, and who had actual knowledge of the financial affairs of Bondfield, including actual knowledge of the Impugned Transactions
I have read the affidavit of John Aquino sworn June 14, 2020 and exhibits thereto and the affidavit of Giuseppe Anastasio sworn June 19, 2020. I will be relying on this evidence to oppose the relief that is being sought by the Monitor in this Application
This affidavit is sworn in response to the Application of Ernst &Young Inc. in its capacity as court appointed monitor (the "Monitor") issued November 12, 2019 to declare certain alleged financial transactions as transfers at undervalue pursuant to s. 96 of the Bankruptcy and Insolvency Act (the "BIA"), amongst other relief sought. This affidavit is also sworn in response to the Application of KSV Kofman Inc. as the Trustee- in-Bankruptcy of 1033803 Ontario Inc. and 1087507 Ontario Limited (the "Trustee") issued February 21, 2020 to declare certain alleged financial transactions as transfers at undervalue pursuant to s. 96 of the BIA, among other relief sought (the "KSV Application")
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “Bondfield Construction Company Limited” (CCAA), Ontario Superior Court of Justice · Commercial List. Retrieved 20 September 2026, https://proceedings.ca/case/bondfield-construction-company-limited
Sources last checked · summary updated 9 August 2026 · Report a correction · Printed from proceedings.ca/case/bondfield-construction-company-limited
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