#Sale
The court granted an approval and vesting order.
Source: Approval and Vesting Order of the Honourable Justice Hainey dated September 4, 2020
Cindergirls Inc.
ActiveFollow
- Proceeding
- Receivership (court-appointed)APPLICATION UNDER 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-20-00634214-00CL
- Industry
- Retail · Home, furniture & electronics retail
Filings held6
Last activity4 Sep 2020
On the record2,458 days
OverviewSummary updated
Cindergirls Inc., operating as Wain's Garden Centre, has been under the receivership and management of msi Spergel Inc. since February 12, 2020, when the Ontario Superior Court of Justice made an appointment order on the application of The Bank of Nova Scotia under subsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act (Court File No. CV-20-00634214-00CL). The receiver reports a maximum of $416,869.72 distributable to BNS under its first mortgage on the real property at 214 Ontario St., Brighton as at August 31, 2020, and contemplates a shortfall to BNS from sale proceeds. Also ranking against the property are municipal tax arrears of $5,693.87 owing to the Municipality of Brighton and a CRA deemed trust of $5,504.25 for source deductions, registered June 19, 2019 as Instrument No. ND182931. CRA's balance of its $37,557.55 payroll claim ranks unsecured, and the receiver expects no funds available for it. The proceeding remains active.
Proceedings AIOpen Proceedings AI
Case updates6 dated entries
#Filing
Supplementary Motion Record (Motion for Sale Approval and Vesting Order; Discharge Order) — Application / notice of application
#Filing
Motion Record (Motion for Sale Approval and Vesting Order; Discharge Order) — Application / notice of application
#Order
The court appointed msi Spergel Inc. receiver and manager of Cindergirls Inc., placing the company's assets, including the Brighton real property, under the receiver's control.
Source: Appointment Order of the Honourable Justice Hainey dated February 12, 2020
Parties
Debtor
Cindergirls Inc.
Receiver
msi Spergel inc.
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Hainey | Ontario Superior Court of Justice | 3 orders, Feb 2020 – Sep 2020 | 211 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Receivermsi Spergel inc. | Minden Gross LLP | 4 Sep 2020 | Application · 4 Sep 2020 |
| Applicant | Harrison Pensa LLP | 13 Jan 2020 | Application · 13 Jan 2020 |
Capital structureAs asserted in the filings
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed trusts (CRA and other) | Canada Revenue Agency (CRA) · in 985 casesDeemed trust re source deductions (Income Tax Act, CPP, EI Act); Document General registered against Real Property (214 Ontario St., Brighton) on June 19, 2019, Instrument No. ND182931 — Deemed trust class - statutory priority over all other creditors per CRA letter; CRA advised (Aug 31, 2020 email) it will file a further claim reflecting its secured amount on Sept 3, 2020. Report initially misattributed the June 19, 2019 registration to the Municipality of Brighton (as a $34,295 tax arrears certificate); Receiver corrected this - the registration was actually CRA's re payroll liabilities. — d · as of 27 Aug 2020 | $5.5K | Supplementary Motion Record (Motion for Sale Approval and Vesting Order; Discharge Order) |
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 8 | Unsecured |
4 more claims in 2 classes The stack holds Deemed trusts (CRA and other), Secured and Unsecured 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 processPer the transactions
Sale approvedApproval and Vesting Order of the Honourable Justice Hainey dated… · 4 Sep 2020
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Tomba Enterprises Ltd.the Debtor's right, title and interest in and to the Real Property described in the Sale Agreement (the "Purchased Assets") · real property · agreement 8 Jul 2020 | not stated | Approved4 Sep 2020 | Approval and Vesting Order of the Honourable… |
Closing termsVesting effective upon delivery of Receiver's Certificate confirming payment of Purchase Price, satisfaction of closing conditions, and completion of the TransactionApproval and Vesting Order of the Honourable Justice Hainey dated…
Sealed materialsConfidential Appendices to the First ReportApproval and Vesting Order of the Honourable Justice Hainey dated…
RecoveriesAs stated in the filings
CRA: a distribution.Supplementary Motion Record (Motion for Sale Approval and Vesting… · 31 Aug 2020
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Deemed trust | CRA | — | per the receiver | Supplementary Motion Record (Motion for Sale Approval and Vesting… · 31 Aug 2020 | |
| Secured | BNS | — | per the receiver | Supplementary Motion Record (Motion for Sale Approval and Vesting… · 31 Aug 2020 | |
| Secured | Municipality of Brighton | — | per the receiver | Supplementary Motion Record (Motion for Sale Approval and Vesting… · 31 Aug 2020 |
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.
3 blurred figures above
The claims and what each class or creditor recovers — each as the filing states it, with its source.
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See all plansDocuments6 filings
| Date | Document | File |
|---|---|---|
Approval and Vesting Order of the Honourable Justice Hainey dated September 4, 2020
| PDF · Subscribers | |
Endorsement of the Honourable Justice Hainey dated September 4, 2020
| PDF · Subscribers | |
Supplementary Motion Record (Motion for Sale Approval and Vesting Order; Discharge Order)
| PDF · Subscribers | |
Motion Record (Motion for Sale Approval and Vesting Order; Discharge Order)
| PDF · Subscribers | |
Appointment Order of the Honourable Justice Hainey dated February 12, 2020
| PDF · Subscribers | |
Application Record
| 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., “Cindergirls Inc.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/cindergirls-inc