Commonwealth
- Proceeding
- CCAASections 50.4(9), 50.6 and 64.2(1) of the Bankruptcy and Insolvency Act
- File
- 16-11508-00CL
Commonwealth Aggregate Company Inc. is under Companies' Creditors Arrangement Act protection, together with 1935525 Ontario Inc. and Port Sydney-Utterson Sand & Gravel Ltd. The initial order was made on August 30, 2016 in the Ontario Superior Court of Justice (court file CV-16-11505-00CL). As at December 24, 2016, liabilities were reported at CAD 1,825,541.10 against assets of CAD 23,000. The largest unsecured claims are John Deere Financial at CAD 924,000 and DeLage Landen Financial at CAD 679,921.52, followed by CAD 70,074.66 in HST owed to the Canada Revenue Agency. The proceeding is active.
The court granted an approval and vesting order for the sale to 2540924 Ontario Inc. Closing terms, as extracted: Vesting effective upon delivery of the Proposal Trustee's Certificate confirming receipt of the Closing Cash Payment and satisfaction/waiver of closing conditions. Sealed: Confidential Appendix "D" to the Storey Affidavit (the Sale Agreement).
Source: Approval and Vesting Order
An initial order was granted. Court file 16-11508-00CL.
Source: Initial Order Port Sydney-Utterson Gravel & Sand Ltd
On August 30, 2016, the Ontario Superior Court of Justice made the initial order commencing the CCAA proceedings.
Application Record Port Sydney-Utterson Gravel & Sand Ltd — Application / notice of application
Debtor
Commonwealth
Monitor
EY
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Newbould | Ontario Superior Court of Justice | 1 order, Nov 2016 | 111 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorEY | WeirFoulds LLP | 1 Sep 2016 | Service list · 1 Sep 2016 |
| ApplicantCommonwealth | Norton Rose Fulbright Canada LLP | 26 Aug 2016 | Application · 26 Aug 2016 |
| CreditorBlue Goose Capital Corp | Aird & Berlis LLP | 1 Sep 2016 | Service list · 1 Sep 2016 |
| CreditorBrian Shaw as Collateral Agent to the Bridge | Dentons Canada LLP | 1 Sep 2016 | Service list · 1 Sep 2016 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed trusts (CRA and other) | CRA - Source Deductions · in 7 casesCRA deemed-trust class claim — debtor: Port Sydney-Utterson Sand & Gravel Ltd. · as of 24 Dec 2016 | $3.72K | Port Sydney-Utterson Sand & Gravel Ltd. - Creditor Package |
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
15 more claims in 1 class The stack holds Deemed trusts (CRA and other) and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plansSale approved — Transaction approved by the CourtApproval and Vesting Order · 25 Nov 2016
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 2540924 Ontario Inc.the Vendors' right, title and interest in all assets described in the Sale Agreement other than the Real Property and Permits (together with the Real Property and Permits, the "Purchased Assets") · asset sale · nominee/assignee: 2544220 Ontario Inc. · agreement 18 Nov 2016 | Sealed | Approved25 Nov 2016 | Approval and Vesting Order |
As at ·
The 2 totals the debtor stated at filing
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
| 1935525 Ontario Inc | PDF · Subscribers | |
1935525 Ontario Inc. - Creditor Package
| PDF · Subscribers | |
| Commonvealth Aggregate Company Inc | PDF · Subscribers | |
| Commonwealth Aggregate Barrie Company Inc | PDF · Subscribers | |
| Commonwealth Aggregate Barrie Company Inc. - Creditor Package | PDF · Subscribers | |
Commonwealth Aggregate Company Inc. - Creditor Package
| PDF · Subscribers | |
| Limberlost Stone Inc | PDF · Subscribers | |
Limberlost Stone Inc. - Creditor Package
| PDF · Subscribers | |
| Port Sydney-Utterson Sand & Gravel Ltd | PDF · Subscribers | |
Port Sydney-Utterson Sand & Gravel Ltd. - Creditor Package
| PDF · Subscribers | |
Third Report of the Proposal Trustee
| PDF · Subscribers | |
Approval and Vesting Order
| PDF · Subscribers | |
Endorsement of Justice Newbould
| PDF · Subscribers | |
| Motion Record, returnable | PDF · Subscribers | |
Service Listing re. Notice of Motion, returnable
| PDF · Subscribers | |
| Stay Extension Order | PDF · Subscribers | |
Second Report of the Proposal Trustee
| PDF · Subscribers | |
Service List
| PDF · Subscribers | |
Initial Order 1935525 Ontario Inc
| PDF · Subscribers | |
Initial Order Commonwealth Aggregate Barrie Company Inc
| PDF · Subscribers | |
Initial Order Commonwealth Aggregate Company Inc
| PDF · Subscribers | |
| Initial Order Limberlost Stone Inc | PDF · Subscribers | |
Initial Order Port Sydney-Utterson Gravel & Sand Ltd
| PDF · Subscribers | |
| Commonwealth Aggregate Company Inc | PDF · Subscribers | |
| Applicaiton Record 1935525 Ontario Inc | PDF · Subscribers | |
Application Record Commonwealth Aggregate Barrier Inc
| PDF · Subscribers | |
| Application Record Commonwealth Aggregate Company Inc | PDF · Subscribers | |
Application Record Limberlost Stone Inc
| PDF · Subscribers | |
Application Record Port Sydney-Utterson Gravel & Sand Ltd
| PDF · Subscribers | |
| First Report of the Proposal Trustee | 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., “Commonwealth” (CCAA), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/commonwealth