CBJ – Fort Erie Hills Inc.
- Proceeding
- Receivership (court-appointed)subsection 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
- CV-24-00730993-00CL
- Industry
- Real estate · Land holdings
CBJ – Fort Erie Hills Inc. was placed in court-appointed receivership on 19 December 2024, when the Ontario Superior Court of Justice appointed TDB Restructuring Limited as receiver and manager under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, on the application of Hillmount Capital Mortgage Holdings Inc. Hillmount holds a first-ranking charge on the property, its payout figure stated at $7,923,102.54 with per diem interest of $2,714.14 thereafter.
A claims procedure has been established — see the order for deadlines.
Per the Claims Process Order dated June 23, 2026 dated 23 June 2026.
The officer filed report no. Second Report. The sale of the real property closed on April 29, 2025 and the Receiver is holding the net proceeds in trust. It has reviewed subsequent encumbrances, concluded the Notice and Charge are not valid, and now seeks a claims process to identify claims and permit a distribution to unsecured creditors.
The court granted an approval and vesting order for the sale to Dunsire Homes Inc. Closing terms, as extracted: Vesting effective upon delivery of Receiver's Certificate confirming payment of Purchase Price and satisfaction of closing conditions.
Endorsement of the Honourable Justice J. Dietrich dated April 25, 2025 — Endorsement / reasons
The court appointed TDB Restructuring Limited as receiver and manager, on the application of HILLMOUNT CAPITAL MORTGAGE HOLDINGS INC.. Court file CV-24-00730993-00CL.
Debtor
CBJ – Fort Erie Hills Inc.
Receiver
TDB Restructuring
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Dietrich | Ontario Superior Court of Justice | 6 orders, Apr 2025 – Jun 2026 | 132 cases on record |
| Justice Cavanagh | Ontario Superior Court of Justice | 2 orders, Dec 2024 | 318 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverTDB Restructuring | Thornton Grout Finnigan LLP | 25 Apr 2025 | Factum · 18 Jun 2026 |
| ApplicantHillmount Capital Mortgage Holdings Inc | Thornton Grout Finnigan LLP | 19 Dec 2024 | Order · 19 Dec 2024 |
| CreditorBurrell Family Trust and the Salvatore Romeo Family Trust | Blaney McMurtry LLP | 11 Jun 2026 | Service list · 11 Jun 2026 |
| CreditorDennis Blain and Lakefront Developments Inc | Bishop & McKenzie LLP | 11 Jun 2026 | Service list · 11 Jun 2026 |
| CreditorDunsire Homes Inc | Teplitsky, Colson LLP | 11 Jun 2026 | Service list · 11 Jun 2026 |
| CreditorHillmount Capital | Fogler, Rubinoff LLP | 11 Jun 2026 | Service list · 11 Jun 2026 |
| CreditorHillmount Capital Mortgage Holdings Inc | Thornton Grout Finnigan LLP | 11 Jun 2026 | Service list · 11 Jun 2026 |
| CreditorJeffrey Burrell | AdvocatesLLP | 11 Jun 2026 | Service list · 11 Jun 2026 |
| CreditorSkylark Office Properties Ltd | Teplitsky, Colson LLP | 11 Jun 2026 | Service list · 11 Jun 2026 |
| CreditorTrans Global Partnership and Randy Hoffner | Simpson Wigle Law LLP | 11 Jun 2026 | Service list · 11 Jun 2026 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Hillmount Capital Mortgage Holdings Inc. · in 8 casesFirst-ranking mortgage/charge on Real Property (registered 2023/10/25, principal $8,000,000) and general security agreement — Payout statement amount; per diem interest of $2,714.14 thereafter. Prior stated balances: $7,381,647.35 as of Nov 1, 2024 (affidavit); Notice of Sale demand of $7,322,727.65 by Nov 6, 2024; mortgage arrears demand of $69,269.83 (Sept 17, 2024). Also secured by GSA, corporate guarantee from CBJ Developments Inc., and personal guarantees from Jeffrey Burrell, Christopher Agagnier, and Kimberley Gayle Zacharias (guarantors, not creditors). Independent legal opinion (Loops · as of 25 Apr 2025 | $7.92M | First Report of the Receiver dated April 10, 2025 |
| Secured | |||
| Secured | |||
| Secured |
3 more claims in 1 class The stack holds Secured claims.
Every creditor and every amount, drawn to scale.
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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 closed — the Transaction closed and the Receiver's Certificate was deliveredSecond Report of the Receiver dated June 11, 2026 · 11 Jun 2026
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Dunsire Homes Inc.all of the Respondent's right, title and interest in and to the Purchased Assets (as defined in the APS) · real property · agreement 28 Mar 2025 | not stated | Closed29 Apr 2025 | Second Report of the Receiver dated June 11,… |
Hillmount Capital Mortgage Holdings Inc.: paid in full.FinalSecond Report of the Receiver · 11 Jun 2026
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | Hillmount Capital Mortgage Holdings Inc. | — | paid in full | Finalper the receiver | Second Report of the Receiver · 11 Jun 2026 |
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.
Cash on hand
$6.78M
As at 11 Jun 2026Second Report of the Receiver dated June 11, 2026
Professional fees
As at
1 more reported figure
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
| Proof of Claim | PDF · Subscribers | |
Ancillary Order dated June 23, 2026
| PDF · Subscribers | |
Claims Process Order dated June 23, 2026
| PDF · Subscribers | |
Endorsement of the Honourable Justice J. Dietrich dated June 23, 2026
| PDF · Subscribers | |
Notice to Claimant
| PDF · Subscribers | |
Factum of the Receiver dated June 18, 2026
| PDF · Subscribers | |
| Motion Record of the Receiver dated June 12, 2026 | PDF · Subscribers | |
Second Report of the Receiver dated June 11, 2026
| PDF · Subscribers | |
Service List dated June 11, 2026
| PDF · Subscribers | |
Ancillary Order dated April 25, 2025
| PDF · Subscribers | |
Approval and Vesting Order dated April 25, 2025
| PDF · Subscribers | |
Endorsement of the Honourable Justice J. Dietrich dated April 25, 2025
| PDF · Subscribers | |
First Report of the Receiver dated April 10, 2025
| PDF · Subscribers | |
Motion Record of the Receiver dated April 10, 2025
| PDF · Subscribers | |
Endorsement of the Honourable Justice Cavanagh December 19, 2024
| PDF · Subscribers | |
Issued Appointment Order dated December 19, 2024
| PDF · Subscribers | |
Endorsement of the Honourable Justice Kimmel dated December 11, 2024
| PDF · Subscribers | |
Application Record dated November 29, 2024
| 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., “CBJ – Fort Erie Hills Inc.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/cbj-fort-erie-hills-inc