Proceedings.

Boynton Developments (Kelowna) Ltd. et al.

ClosedFollow
Proceeding
Receivership (court-appointed)Section 243(1) of the BIA and Section 39 of the LEA
File
VLC-S-H-250780
Filings held32
Last activity28 Sep 2026
On the record447 days
Secured debtSubscribers
OverviewSummary updated

Boynton Developments (Kelowna) Ltd. and related respondents are in a court-appointed receivership commenced August 15, 2025 under s. 243 of the BIA and provincial judicature legislation; the proceeding remains active. KV Capital Inc., lender under a $19,455,000 mortgage loan commitment, was owed $7,583,290.88 as at June 6, 2025 plus interest at 11% per annum compounded monthly, secured by a mortgage and assignment of rents over 665 and 685 Boynton Place, Kelowna (PID 027-456-633), a general security agreement, and unlimited guarantees from Boynton (Kelowna) LP, Promintory Developments LP, Promintory Developments Inc. and Robert Aird Fraser. A forbearance agreement was entered June 13, 2025. Travelers' security ranks behind KV's under a priority agreement dated December 5, 2023. Title also carries builders' lien claims and certificates of pending litigation, an Evest Real Estate Nominee Corp. mortgage, and a Zenex Capital Corp. judgment.

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Case updates33 dated entries
#Report

The officer filed report no. Third Report. The Debtors' townhome development project was left partially constructed after construction ceased in 2024; the Receiver has been marketing the property and negotiating a new sale (the Highland transaction) after prior approved sales failed to close.

Source: Receiver's Third Report to Court

#Order

Boynton Developments (Kelowna) Ltd. et al. — Receivership filed, British Columbia.

Outcome brief

The Promontory: four approvals, one closing, and KV's mortgage stays

A year into the receivership of Boynton Developments (Kelowna) Ltd. and three affiliates, the court approved four sales of a half-built Kelowna townhome site and one closed — a share sale to Highland Promontory Development Limited Partnership that paid the priority claims in cash and left KV Capital's mortgage on the land. KV, owed $8,569,553 in May, is to receive about $85,000 from the estate, and the receiver says nothing will reach junior creditors.

Parties

Debtor

Boynton Developments (Kelowna) Ltd. et al.

Applicant

KV Capital Inc.

Receiver

MNP

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice WilkinsonSupreme Court of British Columbia3 orders, Apr 2026 – Aug 20269 cases on record

Counsel of record

PartyCounselFirst seenSource
ReceiverMNPLawson Lundell LLP30 Mar 2026Service list · 30 Mar 2026
ApplicantKV Capital Inc.DLA Piper (Canada) LLP30 Mar 2026Service list · 30 Mar 2026
DebtorBoynton Developments (Kelowna) Ltd. et al.Crease Harman LLP3 Sep 2025Service list · 3 Sep 2025
PurchaserRichards Buell Sutton LLP30 Mar 2026Service list · 30 Mar 2026
Creditor11. Colt Building Solutions LtdPushor Mitchell LLP3 Sep 2025Service list · 3 Sep 2025
Creditor14. Canex Building Supplies LtdValley Law Grup LLP3 Sep 2025Service list · 3 Sep 2025
Creditor16. Baag's Excavating LtdMorelli Chertkow LLP3 Sep 2025Service list · 3 Sep 2025
Creditor22. Tiara Doors and Moulding LtdRegistered & Records Office FH & P Lawyers LLP3 Sep 2025Service list · 3 Sep 2025
Creditor33. Armada Steel CorpDoak Shirreff Lawyers LLP22 Oct 2025Service list · 22 Oct 2025
CreditorArmada Steel CorpDoak Shirreff Lawyers LLP30 Mar 2026Service list · 30 Mar 2026
CreditorBaag's Excavating LtdMorelli Chertkow LLP30 Mar 2026Service list · 30 Mar 2026
CreditorCanex Building Supplies LtdValley Law Grup LLP30 Mar 2026Service list · 30 Mar 2026
CreditorColt Building Solutions LtdPushor Mitchell LLP30 Mar 2026Service list · 30 Mar 2026
CreditorEvest Real Estate Nominee CorpCrease Harman LLP3 Sep 2025Service list · 3 Sep 2025
CreditorNational Forming Systems IncJenkins Marzban Logan LLP30 Mar 2026Service list · 30 Mar 2026
CreditorOTBEC3 Holdings IncOwen Bird Law Corporation3 Sep 2025Service list · 3 Sep 2025
CreditorPromintory Developments IncCrease Harman LLP3 Sep 2025Service list · 3 Sep 2025
CreditorTiara Doors and Moulding LtdRegistered & Records Office FH & P Lawyers LLP30 Mar 2026Service list · 30 Mar 2026
Capital structureAs asserted in the filings
Priority classCreditorAmountSource
SecuredKV Capital Inc. · in 3 casesMortgage and Assignment of Rents (registered Kamloops LTO Dec 1, 2023, CB1056533/CB1056534) over PID 027-456-633; GSA dated Oct 12, 2023 (BC PPR base reg. 816871P) over all present/after-acquired personal property; unlimited Guarantee from Boynton (Kelowna) LP, Promintory Developments LP, Promintory Developments Inc., and Robert Aird Fraser; Title Insurance; Environmental Indemnity; Assignment of Material Contracts — Original Commitment Letter (July 21, 2023) principal was $19,455,000 (facility limit/original advance, not balance). Petition (para 20) states 'in excess of $7.5 million' in prose · as of 6 Jun 2025$7.58MPetition to the Court
Secured
Secured
Secured
Secured
Secured
Secured
Secured
Secured
Secured

26 more claims in 1 class The stack holds Secured claims.

Every creditor and every amount.

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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

3 transactions · 2 not completed · 1 closed — The Final Highland Transaction closed on August 28, 2026, following two prior failed transactions with Highland and one with 156.Receiver's Fourth Report to Court · 15 Sep 2026

PurchaserPriceStatusSource
1568306 B.C. Ltd.the transaction contemplated by the Offer to Purchase and Contract of Purchase and Sale Agreement between 1568306 B.C. Ltd. and the Receiver · asset sale · ResidualCo: Residual Co · agreement 11 May 2026not statedNot completeddate not statedReceiver's Third Report to Court
Highlandthe sale transaction (the "Highland Transaction") contemplated by the Offer to Purchase and Contract of Purchase and Sale Agreement between Highland · asset sale · agreement 22 Apr 2026not statedNot completed8 May 2026outside 25 May 2026Receiver's Certificate
Highland Promontory Development Limited Partnershipthe Property · share sale · agreement 23 Jul 2026SealedClosed28 Aug 2026Receiver's Fourth Report to Court
AdvisorsColliers (listing broker)Receiver's Fourth Report to Court
Closing termsHighland Agreement to be revived and completed within 10 business days of filing the Triggering CertificateOrder Approving Back-up Bid
Sealed materialsthe Sale Agreement / 4th Affidavit of Catherine MagdayOrder - Approval and Reverse Vesting Order
RecoveriesAs stated in the filings

Closed · the record states no distribution outcome.

Estate financialsReported figures — never derived

Cumulative receipts

$1.61M

As at 28 Jul 2026Receiver's Third Report to Court

Cumulative disbursements

As at

Cash on hand

As at

2 more reported figures

Each one as the filing states it, with its source.

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Documents
32 filings
DateDocumentFile
Discharge Order
  • Presiding officer Justice Brongers
PDF · Subscribers
Affidavit 2 of C. CurranPDF · Subscribers
Affidavit 1 of D. ChiversPDF · Subscribers
Affidavit 1 of W. RobertsPDF · Subscribers
Receiver's Fourth Report to Court
  • Closing confirmed Closed · 28 Aug 2026 · Highland Promontory Development Limited Partnership
  • Purchaser Highland Promontory Development Limited Partnership · the shares of Boynton and the beneficial interest in the Boynton Lands and related assets · share sale · closed; Highland Promontory Development Limited Partnership · the Boynton Lands · asset sale · not completed; 1568306 B.C. Ltd. · the Boynton Lands · asset sale · not completed
  • Sale advisor Colliers Macaulay Nicolls Inç. (listing broker)
  • Sale outcome Sale closed — The Final Highland Transaction closed on August 28, 2026, following two prior failed transactions with Highland and one with 156.
  • + 1 more extracted fact
PDF · Subscribers
Order - Order Made After ApplicationPDF · Subscribers
Receiver's Third Report to Court
  • Closing confirmed Did not complete · date not stated · Highland Promontory Development Limited Partnership; Did not complete · date not stated · 1568306 B.C. Ltd.; Did not complete · date not stated · Highland Promontory Development Limited Partnership
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 8 more extracted facts
PDF · Subscribers
Approval and Reverse Vesting Order
  • Closing terms Upon delivery by the Receiver to the Purchaser of a Receiver's Certificate, vesting of Transferred Assets in Residual Co. and Shares/Retained Assets in the Purchaser occurs in sequence at the Effective Time.
  • Order date 11 May 2026
  • Presiding officer Justice Wilkinson
  • Purchaser 1568306 B.C. Ltd. · the Shares and the beneficial right, title, and interest in and to the Lands, the Buildings and any other Retained Assets · assets and shares · approved
  • + 4 more extracted facts
PDF · Subscribers
Order Approving Back-up Bid
  • Closing terms Highland Agreement to be revived and completed within 10 business days of filing the Triggering Certificate
  • Order date 11 May 2026
  • Outside date 25 May 2026
  • Presiding officer Justice Wilkinson
  • + 3 more extracted facts
PDF · Subscribers
Receiver's Certificate
  • Closing confirmed Did not complete · 8 May 2026 · Highland Promontory Development Limited Partnership
PDF · Subscribers
Order - Approval and Reverse Vesting Order
  • Closing terms Vacant possession of the Retained Assets, including the Lands, shall be delivered by the Receiver to the Purchaser at 12:00 noon on the Completion Date; vesting occurs upon delivery of the Receiver's Certificate.
  • Order date 24 April 2026
  • Presiding officer Justice Wilkinson
  • Residualco Residual Co
  • + 4 more extracted facts
PDF · Subscribers
Service List – dated 2026-03-30
  • Counsel Jenkins Marzban Logan LLP
PDF · Subscribers
RequisitionPDF · Subscribers
Affidavit 1 of C. Curran
PDF · Subscribers
Notice of Application – dated 2026-03-24PDF · Subscribers
Receiver's Second Report to CourtPDF · Subscribers
Service List – dated 2026-02-02
  • Counsel Owen Bird Law Corporation
PDF · Subscribers
Service List – dated 2026-01-30
  • Counsel Crease Harman LLP
PDF · Subscribers
Service List – dated 2025-10-22
  • Counsel Crease Harman LLP
PDF · Subscribers
Notice of ApplicationPDF · Subscribers
Order - Amended and Restated Receivership Order
  • Applicant KV Capital Inc.
  • Appointee MNP Ltd.
  • Appointee role Receiver
  • Commencement date 1 October 2025
  • + 3 more extracted facts
PDF · Subscribers
Order - Approval of ActivitiesPDF · Subscribers
Sealing OrderPDF · Subscribers
Receiver's First Report to Court
PDF · Subscribers
Service List
  • Counsel Counsel Morelli Chertkow LLP
PDF · Subscribers
Receiver's Certificate - Boynton (Kelowna) Limited PartnershipPDF · Subscribers
Receiver's Certificate - Boynton Developments (Kelowna) Ltd.PDF · Subscribers
Receiver's Certificate - Promintory Developments Inc.PDF · Subscribers
Receiver's Certificate - Promintory Developments Limited PartnershipPDF · Subscribers
Form 87 - Notice and Statement of the ReceiverPDF · Subscribers
Receivership Order
  • Applicant KV CAPITAL INC.
  • Appointee MNP Ltd.
  • Appointee role Receiver
  • Commencement date 15 August 2025
  • + 2 more extracted facts
PDF · Subscribers
Petition to the Court
  • Commencement date 14 July 2025
  • Court IN THE SUPREME COURT OF BRITISH COLUMBIA
  • Court file no VLC-S-H-250780
  • Financial position Subscribers
  • + 1 more extracted fact
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., “Boynton Developments (Kelowna) Ltd. et al.” (Receivership (court-appointed)), Supreme Court of British Columbia. Retrieved 4 November 2026, https://proceedings.ca/case/boynton-developments-kelowna-ltd-et-al

Sources last checked · summary updated 7 August 2026 · Report a correction · Printed from proceedings.ca/case/boynton-developments-kelowna-ltd-et-al

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.