Proceedings.

DiFelice Nina & Italo

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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
Court
Ontario Superior Court of Justice
File
11-9193-00CL
Filings held22
Last activity14 May 2015
On the record4,661 days
OverviewSummary updated

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.

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Case updates22 dated entries
#Report

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.

Source: Third Report of the Receiver dated April 20, 2015

#Order

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.

Source: Appointment Order dated December 17, 2013

#Sale

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.

Source: Approval and Vesting Order dated November 8, 2013

Parties

Debtor

DiFelice Nina & Italo

Trustee in bankruptcy

AlixPartners

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice BrownOntario Superior Court of Justice3 orders, Jul 2013 – Dec 201341 cases on record

Counsel of record

PartyCounselFirst seenSource
CreditorDuff & Phelps Canada RestructuringBorden Ladner Gervais LLP14 May 2015Application · 14 May 2015
CreditorProceedings Commenced AT TorontoBorden Ladner Gervais LLP17 Dec 2013Order · 17 Dec 2013
Sale processAs stated in the filings

6 transactions · 3 closed · 2 approved · 1 proposed — 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

PurchaserPriceStatusSource
Aldo Di Felicethe Purchased Assets · real property · agreement 15 Oct 2013$1.62MProposedFirst Report to Court (Part 5 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$7.13Mpurchase price including adjustmentsCloseddate not statedThird 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$1.62MClosed29 Nov 2013Second Report to Court dated December 12, 2013
Carmela Battista5925 Yonge · real property$8.6MApprovedSecond 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$1.96MApprovedSecond Report to Court dated December 12, 2013
Italo Di Felice79 Sheppardnot statedCloseddate not statedThird Report of the Receiver dated April 20,…
AdvisorsColliers (listing broker)First Report to Court (Part 2 of 6) dated November 1, 2013
Closing termsvesting occurs upon delivery of a Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditionsApproval and Vesting Order (Re: 42 Cummer Avenue) dated November 28,…
Fees and ratesAs stated in the filings

2 engagements · 2 firms — latest: Borden Ladner Gervais LLP, —, $117,205.00 in feesMotion Record · 17 Dec 2013

FirmPeriodHoursFeesRatesSource
Borden Ladner Gervais LLPCounsel——$117,205.00$809.85stated averageMotion Record · 17 Dec 2013
Duff & Phelps Canada Restructuring Inc.Receiver———$474.33stated averageMotion Record · 17 Dec 2013
Estate financialsReported figures — never derived

Cash on hand

$277K

As at 20 Apr 2015Third Report of the Receiver dated April 20, 2015

Professional fees to date

$25.1K

As at 20 Apr 2015Third Report of the Receiver dated April 20, 2015

Documents
22 filings
DateDocumentFile
Court Order dated May 14, 2015PDF
Motion Record returnable May 14, 2015
  • Counsel Borden Ladner Gervais LLP
  • Court ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
  • Court file no 11-9193-00CL
PDF
Third Report of the Receiver dated April 20, 2015
  • Cash on hand $277K · Note: Total funds on hand across Yonge/Elmwood ($10,443), 79 Sheppard ($3,400) and 1095 ($257,022) receivership accounts as of March 31, 2015. · As at: 2015-03-31
  • Closing confirmed Closed · date not stated · Carmela Battista; Closed · date not stated · Italo Di Felice
  • Financial position per Receiver's knowledge; 1095 held property as bare trustee · 1095195 Ontario Limited (entity-level) — Receiver states: '1095 has no debts, obligations or liabilities' and that after satisfying creditors it has no property to distribute among 1095's shareholders.
  • Operational summary 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.
  • + 5 more extracted facts
PDF
Appointment Order dated December 17, 2013
  • Applicant NINA DI FELICE and ITALO DI FELICE
  • Appointee Duff & Phelps Canada Restructuring Inc.
  • Appointee role Receiver
  • Commencement date 17 December 2013
  • + 5 more extracted facts
PDF
Distribution Order dated December 17, 2013PDF
Motion Record returnable December 17, 2013
  • Applicant NINA DI FELICE and ITALO DI FELICE
  • Appointee DUFF & PHELPS CANADA RESTRUCTURING INC.
  • Appointee role Court appointed receiver
  • Court ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
  • + 2 more extracted facts
PDF
Second Report to Court dated December 12, 2013
  • Closing confirmed Closed · 29 Nov 2013 · 42 Cummer Avenue Inc.
  • Fee schedule Engagements: Form: prose · Rows: · Money: Approximate: false · Period: Kind: unstated · Approval: State: unstated · Averages: Receiver's average hourly rate for the referenced billing period · Currency: · Invoices: · Firm text: Duff & Phelps Canada Restructuring Inc. · Firm quote: Duff & Phelps Canada Restructuring Inc. in its capacity as Court Appointed Receiver · Context quote: Duff & Phelps Canada Restructuring Inc. ('D&P') was appointed receiver ('Receiver') of the real property located at:; Form: prose · Rows: · Money: Fees: $117K · Quote: Total: $117,205, · Approximate: false · Period: Kind: invoice · Quote: BLG’s fees for the period October to November total · Approval: State: unstated · Averages: BLG's average hourly rate for the referenced billing period · Currency: · Invoices: · Firm text: BLG · Firm quote: BLG's average hourly rate for the referenced billing period was $621. · Context quote: BLG's average hourly rate for the referenced billing period was $621.
  • Purchaser Carmela Battista · the undivided 50% interest in the Yonge/Elmwood Properties owned by Nina and Italo Di Felice · real property · $7M · approved; Carmela Battista · 5925 Yonge · real property · $8.6M · approved; 42 Cummer Avenue Inc. · 42 Cummer · real property · $1.62M · closed; purchaser of the undivided 50% interest referenced in item (d), unnamed in available text · the undivided 50% interest in · real property · $1.96M · approved
PDF
Approval and Vesting Order (Re: 42 Cummer Avenue) dated November 28, 2013
  • Closing terms vesting occurs upon delivery of a Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditions
  • Order date 28 November 2013
  • Purchaser 42 Cummer Avenue Inc. · the Purchased Assets (including the real property identified hereto in Schedule "B" (the "Lands")) · real property · approved
PDF
Amended Notice of Motion returnable November 8, 2013PDF
Approval and Vesting Order dated November 8, 2013
  • Closing terms Vesting is effective upon delivery of the Receiver's Certificate confirming payment of Purchase Price and satisfaction of closing conditions
  • Order date 8 November 2013
  • Purchaser Carmela Battista · the Purchased Assets (including undivided 50% interests in the real properties identified hereto in Schedule "B" (the "Lands")) · real property · approved
PDF
Court Order dated November 8, 2013PDF
Endorsement of Mr. Justice Brown dated November 8, 2013
  • Presiding officer Justice Brown
PDF
Notice of Motion returnable November 8, 2013PDF
First Report to Court (Part 1 of 6) dated November 1, 2013
  • Fee schedule Engagements: Form: prose · Rows: · Money: Approximate: false · Period: Kind: unstated · Approval: State: unstated · Averages: — · Currency: · Invoices: · Firm text: Duff & Phelps Canada Restructuring Inc. · Firm quote: Duff & Phelps Canada Restructuring Inc. was appointed receiver ('Receiver') of the real property located at: · Context quote: Duff & Phelps Canada Restructuring Inc. in its capacity as Court Appointed Receiver; Form: prose · Rows: · Money: Approximate: false · Period: Kind: unstated · Approval: State: unstated · Averages: — · Currency: · Invoices: · Firm text: BLG · Firm quote: BLG's average hourly rate for the referenced billing period was $809.85. · Context unverified: true
PDF
First Report to Court (Part 2 of 6) dated November 1, 2013
  • Commencement date 9 July 2013
  • Court ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST
  • Court file no 11-9193-00CL
  • Sale advisor Colliers Macaulay Nicolls (Ontario) Inc. (listing broker)
  • + 1 more extracted fact
PDF
First Report to Court (Part 3 of 6) dated November 1, 2013
  • Sale advisor Colliers Macaulay Nicolls (Ontario) Inc. (listing broker)
PDF
First Report to Court (Part 4 of 6) dated November 1, 2013PDF
First Report to Court (Part 5 of 6) dated November 1, 2013
  • Purchaser Aldo Di Felice · the Purchased Assets · real property · $1.62M · proposed
PDF
First Report to Court (Part 6 of 6) dated November 1, 2013
  • Sale advisor Colliers International (listing broker)
  • Sale outcome Successful bid selected — The Receiver has selected other parties as the successful bidder for each of the Properties.
PDF
Notice and Statement of the Receiver dated August 15, 2013PDF
Order dated July 26, 2013PDF
Appointment Order dated July 9, 2013
  • Presiding officer Justice Brown
PDF

Filing titles, dates, and extracted key facts are public.

CiteProceedings., “DiFelice Nina & Italo” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/difelice-nina-italo

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Sources last checked · summary updated 19 August 2026 · Report a correction · Printed from proceedings.ca/case/difelice-nina-italo

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.