Proceedings.

Diam Danforth Property Inc.

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Proceeding
Receivership (court-appointed)Section 243(1) of the Bankruptcy and Insolvency Act and Section 101 of the Courts of Justice Act
File
CV-20-00640347-00CL
Industry
Real estate
Filings held17
Last activity21 Jun 2021
On the record2,376 days
Secured debtSubscribers
OverviewSummary updated

Diam Danforth Property Inc. has been under court-appointed receivership since May 4, 2020, when the Ontario Superior Court of Justice, Commercial List, appointed Rosen Goldberg Inc. as receiver and construction lien trustee on the application of Melvyn Eisen, Trustee. The order was made under section 243(1) of the Bankruptcy and Insolvency Act, section 101 of the Courts of Justice Act and section 68(1) of the Construction Act. The proceeding is active under court file CV-20-00640347-00CL.

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Case updates17 dated entries
#Sale

The court granted an approval and vesting order for the sale to GAL Real Holdings Ltd. Closing terms, as extracted: Vesting is effective upon delivery of the Receiver's certificate to the Purchaser substantially in the form of Schedule 'A'. Sealed: Confidential Appendices 1-4 to the Second Report: the Receiver's summary of offers, the Initial APA, the Purchaser's affidavit sworn June 9, 2020, and emails between the Receiver and its counsel and the Purchaser's counsel dated June 2, 4 and 6, 2020; sealed until completion of the Transaction or further Order.

Source: Approval and Vesting Order of Justice Koehnen dated June 17, 2020

Parties

Debtor

Diam Danforth Property Inc.

Receiver

Rosen Goldberg

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice KoehnenOntario Superior Court of Justice6 orders, May 2020 – Aug 202083 cases on record
Justice ConwayOntario Superior Court of Justice2 orders, Jun 2021310 cases on record

Counsel of record

PartyCounselFirst seenSource
ReceiverRosen GoldbergBlaney McMurtry LLP5 May 2020Endorsement · 5 May 2020
DebtorDiam Danforth Property Inc.Laishley Reed LLP5 May 2020Endorsement · 5 May 2020
Creditorcertain Beneficiaries of the second and third mortgagesMiller Thomson LLP5 May 2020Endorsement · 5 May 2020
Creditorcertain investors in the Olympia Trust Company second mortgageMiller Thomson LLP21 Jun 2021Order · 21 Jun 2021
CreditorGillam Group LtdDentons Canada LLP5 May 2020Endorsement · 5 May 2020
CreditorGrounded Engineering IncBlundell Professional Corporation5 May 2020Endorsement · 5 May 2020
CreditorMelvyn EisenGoldman Sloan Nash & Haber LLP4 May 2020Endorsement · 5 May 2020
Creditornon-possessory Rosen Goldberg IncBlaney McMurtry LLP19 May 2020Order · 21 Jun 2021
CreditorThrive Capital Management LimitedScalzi Law LLP5 May 2020Endorsement · 5 May 2020
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
#Priority classCreditorAmountSource
4SecuredMelvyn Eisen, Trustee (Melvyn D. Eisen) — first mortgage and GSA lender (99.56% direct; remaining 0.44% transferred from Community Trust Company on April 22, 2020)Mortgage on 2359 Danforth Avenue, Toronto (dated Feb 29, 2019) and General Security Agreement (dated Feb 17, 2019; PPSA file 748765341 registered Mar 4, 2019). Amount borrowed under the Jan 16, 2019 commitment letter: $11,500,000. — Demand amount = $11,500,000 principal + $166,985.75 interest (Mar 1 to Apr 24, 2020) + $4,520 appraisal costs + $15,000 costs. The affidavit also states a default of $11,662,601.96 as of April 1, 2020. Mortgage ranks first by postponements, with the possible exception of two construction liens for holdback deficiencies. Debtor consented to immediate enforcement on · as of 23 Apr 2020$11.7MApplication to Appoint Receiver returnable May 4, 2020
4Secured
4Secured
4Secured
4Secured
4Secured
4Secured
8Unsecured
8Unsecured

8 more claims in 2 classes The stack holds Secured and Unsecured claims.

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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

Sale approved — Court approved the Transaction under the Amended APA and vesting of the Purchased Assets in the Purchaser upon delivery of the Receiver's certificate.Approval and Vesting Order of Justice Koehnen dated June 17, 2020 · 17 Jun 2020

PurchaserPriceStatusSource
GAL Real Holdings Ltd.the Real Property municipally known as 2359 Danforth Avenue, Toronto, Ontario, and the Purchased Assets described in the Amended APA · real property · agreement 9 Jun 2020SubscribersApproved17 Jun 2020Approval and Vesting Order of Justice Koehnen…
AdvisorsLennard Commercial Realty, Brokerage (listing broker)Order of Justice Koehnen dated May 22, 2020 (Sale Procedure)
Closing termsVesting is effective upon delivery of the Receiver's certificate to the Purchaser substantially in the form of Schedule 'A'.Approval and Vesting Order of Justice Koehnen dated June 17, 2020
Sealed materialsConfidential Appendices 1-4 to the Second Report: the Receiver's summary of offers, the Initial APA, the Purchaser's affidavit sworn June 9, 2020, and emails between the Receiver and its counsel and the Purchaser's counsel dated June 2, 4 and 6, 2020; sealed until completion of the Transaction or further Order.Approval and Vesting Order of Justice Koehnen dated June 17, 2020
Documents
17 filings
DateDocumentFile
Order Of Justice Conway dated JUne 21, 2021 (Distribution)
  • Counsel Blaney McMurtry LLP
  • Presiding officer Justice Conway
PDF · Subscribers
Order of Justice Conway dated June 21, 2021 (Miller Thomson fees)
  • Counsel Miller Thomson LLP
  • Presiding officer Justice Conway
PDF · Subscribers
Endorsement of Justice Pattillo dated May 11, 2021 (scheduling )
  • Presiding officer Justice Pattillo
PDF · Subscribers
Motion Record of Receiver returable May 11, 2021 (Distribution to Second Mortgagees)PDF · Subscribers
Supplementary Motion Rwecord of Receiver Returnable August 13, 2020PDF · Subscribers
Order of Justice Koehnen dated August 6, 2020 (Eisen Distribution)
  • Counsel Goldman Sloan Nash & Haber LLP
  • Presiding officer Justice Koehnen
PDF · Subscribers
Order of Justice Koehnen dated July 15, 2020 ( Distribution)
  • Counsel Blaney McMurtry LLP
  • Presiding officer Justice Koehnen
PDF · Subscribers
Motion Record of Receiver Returnable July 15, 2020-Distribution (Volume 1of 2)PDF · Subscribers
Motion Record of Receiver Returnable July 15, 2020-Distribution (Volume 2 of 2)
  • Counsel Blaney McMurtry LLP
PDF · Subscribers
Approval and Vesting Order of Justice Koehnen dated June 17, 2020
  • Closing terms Vesting is effective upon delivery of the Receiver's certificate to the Purchaser substantially in the form of Schedule 'A'.
  • Order date 17 June 2020
  • Presiding officer Justice Koehnen
  • Purchaser GAL Real Holdings Ltd. · the Real Property municipally known as 2359 Danforth Avenue, Toronto, Ontario, and the Purchased Assets described in the Amended APA · real property · approved
  • + 3 more extracted facts
PDF · Subscribers
Motion Record of Receiver Returnable June 17, 2020
  • Counsel Blaney McMurtry LLP
PDF · Subscribers
Order of Justice Koehnen dated May 22, 2020 (Sale Procedure)
  • Counsel Blaney McMurtry LLP
  • Order date 22 May 2020
  • Presiding officer Justice Koehnen
  • Break fee Subscribers
  • + 3 more extracted facts
PDF · Subscribers
Motion Record of Receiver Returnable May 22, 2020
  • Applicant MELVYN EISEN, TRUSTEE
  • Appointee Rosen Goldberg Inc.
  • Appointee role non-possessory Receiver
  • Commencement date 19 May 2020
  • + 4 more extracted facts
PDF · Subscribers
Endorsement of Justice Koehnen
  • Counsel Eric Golden and Chad Kopach, Blaney McMurtry LLP
  • Presiding officer Justice Koehnen
PDF · Subscribers
Factum of Applicant ( appointment of receiver)
  • Counsel Goldman Sloan Nash & Haber LLP
PDF · Subscribers
Receivership Appointment Order dated May 4, 2020
  • Applicant MELVYN EISEN, TRUSTEE
  • Appointee Rosen Goldberg Inc.
  • Appointee role receiver and construction lien trustee
  • Commencement date 4 May 2020
  • + 4 more extracted facts
PDF · Subscribers
Application to Appoint Receiver returnable May 4, 2020
  • Applicant MELVYN EISEN, TRUSTEE
  • Appointee Rosen Goldberg Inc.
  • Appointee role receiver and manager
  • Commencement date 1 May 2020
  • + 6 more extracted facts
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., “Diam Danforth Property Inc.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/diam-danforth-property-inc

Sources last checked · summary updated 1 September 2026 · Report a correction · Printed from proceedings.ca/case/diam-danforth-property-inc

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.