CO Capital Growth Corp.
- Proceeding
- Receivership (court-appointed)Section 129 of the Securities Act
- File
- CV-10-883-00CL
- Industry
- Financial services · Investment funds & schemes
CO Capital Growth Corp. has been under court-appointed receivership since December 24, 2010, when the Ontario Superior Court of Justice (Commercial List) appointed RSM Richter Inc. as receiver on the application of the Ontario Securities Commission under section 129 of the Securities Act, R.S.O. 1990, c. S.5, as amended. The proceeding is active and carries court file number CV-10-8883-OOCL. Secured claims identified in the receivership include two Royal Bank of Canada mortgages against Peter Sbaraglia and Mandy Sbaraglia: approximately $1.88 million secured on 63 Second Street, Oakville, and approximately $207,000 secured on 383 Ellis Park, Unit 608, Toronto.
A claims procedure has been established — see the order for deadlines.
The court granted an approval and vesting order for the sale to Frances Bronislawa Johnston and Rick Warren Johnston. Sealed: unredacted Sale Agreement in Confidential Appendix 3 to the Second Report.
The court granted an approval and vesting order for the sale to Deepak Prabhudas Ruparell. Closing terms, as extracted: vesting effective upon delivery of Receiver's Certificate. Sealed: unredacted Sale Agreement in Confidential Appendix "2".
Receivership order made, placing CO Capital Growth Corp. under a court-appointed receivership on the Commercial List and commencing the proceeding under file CV-10-8883-OOCL.
Debtor
CO Capital Growth Corp.
Trustee in bankruptcy
Richter
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Morawetz | Ontario Superior Court of Justice | 6 orders, Dec 2010 – Oct 2011 | 141 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| DebtorCO Capital Growth Corp. | Brauti Thorning Zibarras LLP | 6 Feb 2013 | Factum · 6 Feb 2013 |
| Creditorcertain creditors of C.O. Capital | Lenczner Slaght Royce Smith Griffin LLP | 7 Sep 2011 | Factum · 7 Sep 2011 |
| CreditorPeter Sbaraglia | Brauti Thorning Zibarras LLP | 9 May 2012 | Application · 9 May 2012 |
| CreditorRobert Kofman | Lax O'Sullivan Scott Lisus LLP | 4 Feb 2013 | Factum · 4 Feb 2013 |
| CreditorRSM Richter | Davies Ward Phillips & Vineberg LLP | 1 Jun 2011 | Application · 30 May 2011 |
| CreditorRSM Richter Inc | Davies Ward Phillips & Vineberg LLP | 15 Mar 2011 | Order · 16 May 2011 |
| CreditorSA Capital Growth Corp | Norton Rose Or LLP (now Norton Rose Fulbright Canada LLP) | 7 Sep 2011 | Factum · 7 Sep 2011 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Royal Bank of Canada (RBC) · in 584 casesMortgage on 63 Second Street, Oakville — Amount described as 'approximately' $1.88 million; no exact dated balance stated. — debtor: Peter Sbaraglia and Mandy Sbaraglia | $1.88M | Second Report of the Receiver dated May 9, 2011 |
| Secured |
1 more claim 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.
2 transactions · 2 approvedVesting Order re 632nd Street dated May16, 2011 · 16 May 2011
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Deepak Prabhudas Ruparellthe real property known as 63 Second Street, Oakville · real property · agreement 24 Mar 2011 | Sealed | Approved16 May 2011 | Vesting Order re 632nd Street dated May16, 2011 |
| Frances Bronislawa Johnston and Rick Warren Johnstonall of the Sbaraglias' right, title and interest in and to the real property known as 383 Ellis Park Road, Suite 608, Toronto · real property · agreement 29 Mar 2011 | Sealed | Approved16 May 2011 | Vesting Order re 383 Ellis Park dated May16,… |
Unsecured creditors: a distribution.Under the planMotion Record · 7 Jun 2011
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Unsecured | — | — | Under the planper the proposal trustee | Motion Record · 7 Jun 2011 |
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.
1 blurred figure 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 plans| Date | Document | File |
|---|---|---|
| Court Order dated February 27, 2013 | PDF · Subscribers | |
| Reasons and Decision dated February 27, 2013 | PDF · Subscribers | |
Factum of Robert Kofman dated February 21, 2013
| PDF · Subscribers | |
Memorandum of Fact and Law of the Respondent, Peter Sbaraglia dated February 6, 2013
| PDF · Subscribers | |
Factum of Robert Kofman dated February 4, 2013
| PDF · Subscribers | |
| Motion Record returnable February 8, 2013 | PDF · Subscribers | |
| Affidavit of Peter Sbaraglia dated May 9, 2012 | PDF · Subscribers | |
Notice of Motion dated May 9, 2012
| PDF · Subscribers | |
| Reasons for Judgement dated October 28, 2011 | PDF · Subscribers | |
Court Order dated October 3, 2011
| PDF · Subscribers | |
Factum of Certain Creditors in response to the Motion dated September 7, 2011
| PDF · Subscribers | |
Factum of S.A. Capital Growth Corp dated September 7, 2011
| PDF · Subscribers | |
Second Supplement and Third Report to Court dated September 6, 2011
| PDF · Subscribers | |
| Affidavit of Peter Sbaraglia sworn September 2, 2011 | PDF · Subscribers | |
| Motion Record returnable August 25, 2011 | PDF · Subscribers | |
Motion Record returnable July 11, 2011
| PDF · Subscribers | |
| Motion Record returnable June 23, 2011 | PDF · Subscribers | |
Court Order June 12, 2011
| PDF · Subscribers | |
| Motion Record returnable June 1, 2011 | PDF · Subscribers | |
Notice of Motion returnable June 1, 2011
| PDF · Subscribers | |
Vesting Order re 383 Ellis Park dated May16, 2011
| PDF · Subscribers | |
Vesting Order re 632nd Street dated May16, 2011
| PDF · Subscribers | |
Supplement to the Second Report of the Receiver May13, 2011
| PDF · Subscribers | |
| Notice of Motion returnable May 16, 2011 | PDF · Subscribers | |
Second Report of the Receiver dated May 9, 2011
| PDF · Subscribers | |
Notice to Creditors dated March 22, 2011
| PDF · Subscribers | |
| Proof of Claim Packgage dated March 22, 2011 | PDF · Subscribers | |
| Endorsement dated March 21, 2011 | PDF · Subscribers | |
First Report of the Receiver dated March 15, 2011
| PDF · Subscribers | |
Motion Record returnable March 21, 2011
| PDF · Subscribers | |
Receivership Order dated December 24, 2010
| PDF · Subscribers | |
| Endorsement dated December 23, 2010 | PDF · Subscribers | |
Reasons for Judgment dated December 23, 2010
| 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., “CO Capital Growth Corp.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/co-capital-growth-corp