DiFelice Nina & Italo
- Proceeding
- Receivership (court-appointed)section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended (the “CJA”) and subsection 248(3)(b) of the Business Corporations Act
- File
- 11-9193-00CL
- Industry
- Real estate · Rental & income property
DiFelice Nina & Italo is in court-appointed receivership before the Ontario Superior Court of Justice (Commercial List) at Toronto file 11-9193-00CL, with Duff & Phelps Canada Restructuring Inc. as Receiver. The receivership order was made on December 17, 2013 on the application of Nina Di Felice and Italo Di Felice, and rests on section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended, and subsection 248(3)(b) of the Business Corporations Act. A court officer report had gone before the Commercial List on July 9, 2013, some five months earlier. The proceeding remains active.
The officer filed report no. Third Report. The Receiver has completed sales of the Properties and interim distributions, and is now winding up 1095195 Ontario Limited, reporting that 1095 has no remaining debts or assets to distribute to its shareholders.
The court appointed Duff & Phelps Canada Restructuring Inc. as Receiver under section 101 of the Courts of Justice Act and subsection 248(3)(b) of the Business Corporations Act, on the application of Nina and Italo Di Felice.
The officer filed report no. Second Report. The Receiver has closed the court-approved sales of the four property groups, set up estate accounts and is seeking approval to distribute net sale proceeds to the Di Felice and Battista family interests. It will hold back fees and adjustment reserves, seeks appointment as receiver over 721362 and 1095195 to wind them up, and seeks discharge once matters are complete.
The court granted an approval and vesting order for the sale to 42 Cummer Avenue Inc. Closing terms, as extracted: vesting occurs upon delivery of a Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditions.
Source: Approval and Vesting Order (Re: 42 Cummer Avenue) dated November 28, 2013
The court granted an approval and vesting order for the sale to Carmela Battista. Closing terms, as extracted: Vesting is effective upon delivery of the Receiver's Certificate confirming payment of Purchase Price and satisfaction of closing conditions.
Debtor
DiFelice Nina & Italo
Trustee in bankruptcy
Duff & Phelps
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Brown | Ontario Superior Court of Justice | 5 orders, Jul 2013 – Dec 2013 | 43 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| CreditorDuff & Phelps Canada Restructuring | Borden Ladner Gervais LLP | 8 Nov 2013 | Application · 14 May 2015 |
| CreditorDuff & Phelps Canada Restructuring Yone Sne S Sp S Se Srd | Borden Ladner Gervais LLP | 8 Nov 2013 | Order · 8 Nov 2013 |
6 transactions · 3 approved · 3 closed — Sales of the Properties completed with each co-tenant purchasing the interests of the other co-tenantsThird Report of the Receiver dated April 20, 2015 · 20 Apr 2015
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Aldo Di Felicethe Purchased Assets · real property · agreement 15 Oct 2013 | Subscribers | Approved | First Report to Court (Part 1 of 6) dated… |
| Carmela Battistathe Purchased Assets (including undivided 50% interests in the real properties identified hereto in Schedule "B" (the "Lands")) · real property · agreement 30 Sep 2013 | Subscribers | Closeddate not stated | Third Report of the Receiver dated April 20,… |
| 42 Cummer Avenue Inc.the Purchased Assets (including the real property identified hereto in Schedule "B" (the "Lands")) · real property · agreement 15 Oct 2013 | Subscribers | Closed29 Nov 2013 | Second Report to Court dated December 12, 2013 |
| Carmela Battista5925 Yonge · real property | Subscribers | Approved | Second Report to Court dated December 12, 2013 |
| purchaser of the undivided 50% interest referenced in item (d), unnamed in available textthe undivided 50% interest in · real property | Subscribers | Approved | Second Report to Court dated December 12, 2013 |
| Italo79 Sheppard Avenue West, 50% interest not owned by Italo · real property | Subscribers | Closeddate not stated | Third Report of the Receiver dated April 20,… |
2 engagements · 2 firms — latest: Borden Ladner Gervais LLP, in feesSecond Report to Court · 12 Dec 2013
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Borden Ladner Gervais LLPCounsel | — | — | Second Report to Court · 12 Dec 2013 | ||
| Duff & Phelps Canada Restructuring Inc.Receiver | — | — | — | Second Report to Court · 12 Dec 2013 |
3 blurred figures above
What each firm billed — each as the filing states it, with its source.
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See all plansCash on hand
$277K
As at 31 Mar 2015Third Report of the Receiver dated April 20, 2015
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 |
|---|---|---|
Court Order dated May 14, 2015
| PDF · Subscribers | |
Motion Record returnable May 14, 2015
| PDF · Subscribers | |
Third Report of the Receiver dated April 20, 2015
| PDF · Subscribers | |
Appointment Order dated December 17, 2013
| PDF · Subscribers | |
| Distribution Order dated December 17, 2013 | PDF · Subscribers | |
Motion Record returnable December 17, 2013
| PDF · Subscribers | |
Second Report to Court dated December 12, 2013
| PDF · Subscribers | |
Approval and Vesting Order (Re: 42 Cummer Avenue) dated November 28, 2013
| PDF · Subscribers | |
Approval and Vesting Order dated November 8, 2013
| PDF · Subscribers | |
Court Order dated November 8, 2013
| PDF · Subscribers | |
Endorsement of Mr. Justice Brown dated November 8, 2013
| PDF · Subscribers | |
| Amended Notice of Motion returnable November 8, 2013 | PDF · Subscribers | |
First Report to Court (Part 1 of 6) dated November 1, 2013
| PDF · Subscribers | |
First Report to Court (Part 2 of 6) dated November 1, 2013
| PDF · Subscribers | |
First Report to Court (Part 3 of 6) dated November 1, 2013
| PDF · Subscribers | |
| First Report to Court (Part 4 of 6) dated November 1, 2013 | PDF · Subscribers | |
First Report to Court (Part 5 of 6) dated November 1, 2013
| PDF · Subscribers | |
First Report to Court (Part 6 of 6) dated November 1, 2013
| PDF · Subscribers | |
| Notice of Motion returnable November 8, 2013 | PDF · Subscribers | |
Notice and Statement of the Receiver dated August 15, 2013
| PDF · Subscribers | |
| Order dated July 26, 2013 | PDF · Subscribers | |
Appointment Order dated July 9, 2013
| 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., “DiFelice Nina & Italo” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/difelice-nina-italo