#Order
Endorsement of the Honourable Mr. Justice McEwen - dated September 19, 2018 — Endorsement / reasons
Fairview Nursing Home Limited
FollowActive
- Proceeding
- Receivership (court-appointed)subsection 243(1) of the Bankruptcy and Insolvency Act
- File
- CV-13-10365-00CL
Filings held23
Last activity19 Sep 2018
On the record4,666 days
OverviewSummary updated
Fairview Nursing Home Limited has been under the court-appointed receivership of BDO Canada Limited since December 12, 2013, on the application of The Toronto-Dominion Bank under subsection 243(1) of the Bankruptcy and Insolvency Act. The proceeding is active before the Ontario Superior Court of Justice (Commercial List) as court file CV-13-10365-00CL. TD's security includes a charge registered July 19, 2010 in the principal amount of $1,500,000 together with a general assignment of rents; an earlier 1988 charge was discharged on September 5, 2012. The Receivership Order of December 20, 2013 granted the Receiver a first charge over the Property for its fees and disbursements and a further charge for borrowings of up to $750,000, both ranking ahead of other security interests. A charge for $800,000 registered by Responsive Health Management Inc. on February 26, 2014 ranks behind the Receiver's charges and TD's security.
Proceedings AIAsk this case — answers cite the filings
Case updates23 dated entries
#Filing
Motion Record of the Receiver (returnable September 19, 2018) — Application / notice of application
#Report
The officer filed report no. Third Report. The receivership is in a wind-down phase following completion of the SVI sale and final reconciliation of MOHLTC funding amounts; remaining tasks involve monitoring the vendor take-back mortgage and effecting a second distribution, after which the Receiver intends to assign Fairview into bankruptcy.
Source: Third Report of the Receiver dated September 10, 2018 (without appendices)
#Order
Endorsement of the Honourable Mr. Justice McEwen, dated April 23, 2015 — Endorsement / reasons
#Filing
Motion Record of the Receiver (returnable April 23, 2015) — Application / notice of application
#Sale
The court granted an approval and vesting order for the sale to Schlegel Villages Inc. Closing terms, as extracted: Vesting occurs upon delivery of the Receiver's Certificate confirming payment of the Purchase Price and satisfaction of closing conditions. Sealed: Confidential Supplement to the Report.
Source: Approval and Vesting Order, dated September 25, 2014
#Order
Endorsement of the Honourable Mr. Justice Newbould, dated September 25, 2014 — Endorsement / reasons
#Filing
Motion Record of the Receiver (returnable September 25, 2014) — Application / notice of application
#Order
Endorsement of the Honourable Mr. Justice Brown, dated December 20, 2013 — Endorsement / reasons
#Filing
Application Record of the Applicant (returnable December 18, 2013) was filed. Court file CV-13-10365-00CL.
Source: Application Record of the Applicant (returnable December 18, 2013)
#Filing
Application issued December 12, 2013 in the Commercial List at Toronto under file CV-13-10365-00CL, opening the receivership proceedings against Fairview Nursing Home Limited.
Parties
Debtor
Fairview Nursing Home Limited
Receiver
BDO
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice McEwen | Ontario Superior Court of Justice | 4 orders, Apr 2015 – Sep 2018 | 134 cases on record |
| Justice Newbould | Ontario Superior Court of Justice | 2 orders, Sep 2014 | 100 cases on record |
| Justice Brown | Ontario Superior Court of Justice | 2 orders, Dec 2013 | 41 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverBDO | Gowling Lafleur Henderson LLP (now Gowling WLG (Canada) LLP) | 17 Apr 2015 | Application · 17 Apr 2015 |
| DebtorFairview Nursing Home Limited | Gertler & Koven · Miller Thomson LLP | 19 Dec 2013 | Service list · 20 Apr 2015 |
| CreditorResponsive Health Management Inc | Gardiner Roberts LLP | 20 Apr 2015 | Service list · 20 Apr 2015 |
| Creditortbe | Gowling Lafleur Henderson LLP (now Gowling WLG (Canada) LLP) | 25 Sep 2014 | Order · 25 Sep 2014 |
| CreditorToronto-Dominion Bank | Aird & Berlis LLP | 20 Dec 2013 | Endorsement · 20 Dec 2013 |
Capital structureAs asserted in the filings
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | BDO Canada Limited, as Receiver (Receiver's Charge / Receiver's Borrowings Charge)as of 2013-12-20 (Receivership Order) — Court-ordered first charge on Property for fees/disbursements (Receiver's Charge) and fixed/specific charge for borrowings up to $750,000 (Receiver's Borrowings Charge), ranking ahead of all other security interests but Receiver's Charge senior to Borrowings Charge — Court-created priority charges, not a pre-filing creditor claim; borrowing ceiling $750,000, not an outstanding balance. — debtor: Fairview Nursing Home Limited | — | First Report to Court of the Receiver, dated September 15, 2014 |
| Secured | The Toronto-Dominion Bank · in 111 casesas of Second Forbearance Agreement — Charge (AT2450748) registered 2010/07/19 for $1,500,000 plus General Assignment of Rents; prior charge (CT994474, 1988) discharged 2012/09/05 — Registered principal/charge amount is $1,500,000; outstanding balance not stated in these pages. Prior 1988 charge shown discharged, not current security. — debtor: Fairview Nursing Home Limited | — | First Report to Court of the Receiver, dated September 15, 2014 |
| Secured | Responsive Health Management Inc.Charge (AT3527775) registered 2014/02/26 for $800,000, subordinate to Receiver's Charge, TD security and Receiver's Borrowings Charge — Related-party/manager security (Responsive Security ordered subordinate per Receivership Order paras 23-24); registered charge amount, not confirmed outstanding balance. — debtor: Fairview Nursing Home Limited · as of 26 Feb 2014 | — | First Report to Court of the Receiver, dated September 15, 2014 |
“not stated” means the record names the claim without a figure; “—” means not in the extracted record.
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 closed — the sale to SVI closed on March 31, 2015Third Report of the Receiver dated September 10, 2018 (without… · 10 Sep 2018
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Schlegel Villages Inc.the assets described in the Sale Agreement (the "Purchased Assets") · asset sale · nominee/assignee: Fairview LTC · agreement 22 Jul 2014 | Sealed | Closed31 Mar 2015 | Third Report of the Receiver dated September… |
Advisorsunnamed real estate broker (listing broker)Third Report of the Receiver dated September 10, 2018 (without…
Closing termsVesting occurs upon delivery of the Receiver's Certificate confirming payment of the Purchase Price and satisfaction of closing conditions.Approval and Vesting Order, dated September 25, 2014
Sealed materialsConfidential Supplement to the ReportApproval and Vesting Order, dated September 25, 2014
RecoveriesAs declared or paid
The Toronto-Dominion Bank: paid in full.FinalThird Report of the Receiver dated September 10, 2018 (without… · 10 Sep 2018
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | The Toronto-Dominion Bank | — | paid in full$563K | Finalper the receiver | Third Report of the Receiver dated September 10, 2018 (without… · 10 Sep 2018 |
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.
Estate financialsReported figures — never derived
Cash on hand
$904K
As at 10 Sep 2018Third Report of the Receiver dated September 10, 2018 (without appendices)
Professional fees to date
$253K
As at 10 Sep 2018Third Report of the Receiver dated September 10, 2018 (without appendices)
Documents
23 filings
| Date | Document | File |
|---|---|---|
Endorsement of the Honourable Mr. Justice McEwen - dated September 19, 2018
| ||
| Factum and Brief of Authorities of the Receiver for the motion returnable September 19, 2018 | ||
| Motion Record of the Receiver (returnable September 19, 2018) | ||
Order of the Honourable Mr. Justice McEwen - dated September 19, 2018
| ||
Third Report of the Receiver dated September 10, 2018 (without appendices)
| ||
Endorsement of the Honourable Mr. Justice McEwen, dated April 23, 2015
| ||
| Motion Record of the Receiver (returnable April 23, 2015) | ||
Order, dated April 23, 2015
| ||
Service List (dated April 20, 2015)
| ||
Notice of Motion (dated April 17, 2015)
| ||
| Second Report to Court of the Receiver, dated April 17, 2015 | ||
Approval and Vesting Order, dated September 25, 2014
| ||
Endorsement of the Honourable Mr. Justice Newbould, dated September 25, 2014
| ||
| Motion Record of the Receiver (returnable September 25, 2014) | ||
Order, dated September 25, 2014
| ||
First Report to Court of the Receiver, dated September 15, 2014
| ||
| Notice of Motion (dated September 15, 2014) | ||
| Notice of the Receiver, dated December 30, 2013 | ||
Endorsement of the Honourable Mr. Justice Brown, dated December 20, 2013
| ||
Receivership Order, dated December 20, 2013
| ||
Affidavit of Craig A. Mills (sworn December 19, 2013)
| ||
Application Record of the Applicant (returnable December 18, 2013)
| ||
Notice of Application (dated December 12, 2013)
| ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “Fairview Nursing Home Limited” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/fairview-nursing-home-limited