Proceedings.

First Swiss Mortgage Corp.

ActiveFollow
Proceeding
Receivership (court-appointed)section 37 of the Mortgage Brokerages, Lenders and Administrators Act, 2006 and section 101 of the Courts of Justice Act
File
CV-23-00696362-00CL
Filings held23
Last activity24 Jun 2024
On the record1,329 days
Secured debtSubscribers
OverviewSummary updated

First Swiss Mortgage Corp. has been under court-appointed receivership since March 17, 2023, when the Ontario Superior Court of Justice (Commercial List) appointed KSV Restructuring Inc. as receiver on the application of the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario, under section 37 of the Mortgage Brokerages, Lenders and Administrators Act, 2006 and section 101 of the Courts of Justice Act (file CV-23-00696362-00CL). Audited statements as at August 31, 2022 showed assets of $61,000 against liabilities of $507,000 and a shareholders' deficit of approximately $446,000, with a mortgage portfolio of only $1.9 million against roughly $26 million represented to investors. The Mortgage Schedule showed investor balances of $26.3 million as at February 28, 2023; the receiver concluded investors' trust claims should fail and that they rank as unsecured creditors pari passu. The proceeding remains active.

Ask in plain language. The answer comes only from this case’s filings, each one cited.
Enter to send · Shift+Enter for a new line
Open this case in Proceedings AI⁠Save your chats, keep long conversations going, and ask across every case.
Case updates23 dated entries
#Sale

The court granted an approval and vesting order for the sale to Zayoun Group Inc. Closing terms, as extracted: Vesting effective upon delivery of Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditions.

Source: Approval and Vesting Order dated June 24, 2024

#Report

The officer filed report no. Second Supplement to Second Report. The Company is bankrupt and no longer operating; its licensed insolvency trustee secured the former business premises after the March 2023 assignment in bankruptcy, while the Receiver continues investigating alleged diversion of investor funds by the Company's former sole director.

Source: Second Supplement to the Second Report of the Receiver dated June 16, 2023

#Report

The officer filed report no. Second Report. The Company, a mortgage lender/administrator, ceased operations following its assignment in bankruptcy; the Receiver is investigating alleged wrongdoing (mortgage discharges without investor repayment, under-registered mortgages, misappropriated funds transferred to a related company) and pursuing recoveries for Investors and other creditors, funded by an investor loan facility.

Source: Second Report to Court of the Receiver dated May 12, 2023

#Report

The officer filed report no. First Report. The Company, a mortgage lender and administrator, ceased operating after its March 15, 2023 assignment in bankruptcy and vacated its office; the Receiver is investigating an alleged scheme in which Investor funds went unused for mortgages and the Accounts operated as a Ponzi-like structure, with about $5.9 million transferred to the shareholder's account.

Source: First Report to Court of the Receiver dated March 31, 2023

Parties

Debtor

First Swiss Mortgage Corp.

Receiver

KSV

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice SteeleOntario Superior Court of Justice8 orders, Mar 2023 – Jun 2024245 cases on record

Counsel of record

PartyCounselFirst seenSource
ReceiverKSVBennett Jones LLP19 May 2023Order · 19 May 2023
Trustee in bankruptcyTorys LLP11 Jun 2024Service list · 11 Jun 2024
ApplicantChaitons LLP17 Mar 2023Order · 17 Mar 2023
CreditorBrian Kremer, Lorne Rose and Samaron HoldingsAird & Berlis LLP11 Jun 2024Service list · 11 Jun 2024
CreditorDancap Private Equity IncGoodmans LLP11 Jun 2024Service list · 11 Jun 2024
CreditorDaniel Baum, Rose Baum and Jared GreenStikeman Elliott LLP11 Jun 2024Service list · 11 Jun 2024
CreditorFinancial Services Regulatory AuthorityChaitons LLP11 Jun 2024Service list · 11 Jun 2024
CreditorJeffrey ShatfordBlaney McMurtry LLP11 Jun 2024Service list · 11 Jun 2024
CreditorReza Nezami-NiaKarrass Law11 Jun 2024Service list · 11 Jun 2024
CreditorWinnick Realty CorpMarciano Beckenstein LLP11 Jun 2024Service list · 11 Jun 2024
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
#Priority classCreditorAmountSource
4SecuredFirst Swiss Mortgage Corp. (first mortgage over Rockland Property, held for benefit of Investors)First mortgage registered on title to Rockland Property; principal balance before accrued interest, approximately $643,000 — Realty taxes also in arrears in the approximate amount of $179,000, ranking ahead in priority as municipal claim — debtor: 2412379 Ontario Inc. (Property Owner)$643KThird Report of the Receiver dated June 14, 2024
4Secured
4Secured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured

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

Every creditor and every amount, drawn to scale.

Start 5-day trial

Card required. Nothing charged for 5 days. Cancel anytime.

Already a subscriber? Sign in.

See all plans⁠
Sale processAs stated in the filings

Sale approved — Transaction approved and vesting order grantedApproval and Vesting Order dated June 24, 2024 · 24 Jun 2024

PurchaserPriceStatusSource
Zayoun Group Inc.the Property Owner's right, title and interest in and to the property described in the Sale Agreement (the 'Property') · real property · agreement 22 May 2024SubscribersApproved24 Jun 2024Approval and Vesting Order dated June 24, 2024
AdvisorsRoyal LePage Team Realty (listing broker)Third Report of the Receiver dated June 14, 2024
Closing termsVesting effective upon delivery of Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditionsApproval and Vesting Order dated June 24, 2024
Fees and ratesAs stated in the filings

8 engagements · 3 firms — latest: KSV Restructuring Inc., to 31 May 2024Third Report of the Receiver · 14 Jun 2024

FirmPeriodHoursFeesRatesSource
(firm not named)capacity not statedfirm not named in the heading———Motion Record of the Receiver · 12 May 2023
Bennett Jones LLPCounsel to the receiver———Third Report of the Receiver · 14 Jun 2024
KSV Restructuring Inc.Receiverperiod 6 of 6to 31 May 2024——Third Report of the Receiver · 14 Jun 2024
KSV Restructuring Inc.Receiverperiod 5 of 6to 31 Jul 2023——not statedThird Report of the Receiver · 14 Jun 2024
KSV Restructuring Inc.Receiverperiod 4 of 6to 30 Jun 2023——not statedThird Report of the Receiver · 14 Jun 2024
KSV Restructuring Inc.Receiverperiod 3 of 6to 31 May 2023——not statedThird Report of the Receiver · 14 Jun 2024
KSV Restructuring Inc.Receiverperiod 1 of 6to 31 Mar 2023——Second Report to Court of the Receiver · 12 May 2023
KSV Restructuring Inc.Receiverperiod 1 of 6———Third Report of the Receiver · 14 Jun 2024

5 blurred figures above

What each firm billed — each as the filing states it, with its source.

Start 5-day trial

Card required. Nothing charged for 5 days. Cancel anytime.

Already a subscriber? Sign in.

See all plans⁠
Estate financialsReported figures — never derived
Total assets at filing
Total liabilities at filing

As at ·

Cumulative receipts

$19.7M

As at 31 Mar 2023First Report to Court of the Receiver dated March 31, 2023

Cumulative disbursements

As at

Cash on hand

As at

Professional fees

As at

3 more reported figures, and the 2 totals the debtor stated at filing

Each one as the filing states it, with its source.

Start 5-day trial

Card required. Nothing charged for 5 days. Cancel anytime.

Already a subscriber? Sign in.

See all plans⁠
Documents
23 filings
DateDocumentFile
Ancillary Order dated June 24, 2024
  • Counsel Bennett Jones LLP
  • Presiding officer Justice Steele
PDF · Subscribers
Approval and Vesting Order dated June 24, 2024
  • Closing terms Vesting effective upon delivery of Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditions
  • Counsel Bennett Jones LLP
  • Order date 24 June 2024
  • Presiding officer Justice Steele
  • + 3 more extracted facts
PDF · Subscribers
Endorsement of Justice Steele dated June 24, 2024
  • Presiding officer Justice Steele
PDF · Subscribers
Factum of the Receiver dated June 20, 2024PDF · Subscribers
Motion Record of the Receiver dated June 14, 2024
  • Commencement date 14 June 2024
  • Court SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
  • Court file no CV-23-00696362-00CL
PDF · Subscribers
Third Report of the Receiver dated June 14, 2024
  • Purchaser Zayoun Group Inc. · All of the Property Owner's right, title and interest in the Rockland Property · real property · proposed
  • Sale advisor Royal LePage Team Realty (listing broker)
  • Fee schedule · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Service List as at June 11, 2024
  • Counsel Aird & Berlis LLP
PDF · Subscribers
Statement of Claim of KSV Restructuring Inc. dated February 6, 2024PDF · Subscribers
Letter to Investors re recoveries dated December 6, 2023PDF · Subscribers
Second Supplement to the Second Report of the Receiver dated June 16, 2023
  • Operational summary The Company is bankrupt and no longer operating; its licensed insolvency trustee secured the former business premises after the March 2023 assignment in bankruptcy, while the Receiver continues investigating alleged diversion of investor funds by the Company's former sole director.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Responding Application Record of Reza Nezami-Nia dated June 9, 2023
PDF · Subscribers
Endorsement of Justice Steele dated May 29, 2023
  • Presiding officer Justice Steele
PDF · Subscribers
Amended and Restated Appointment Order dated May 19, 2023
  • Counsel Bennett Jones LLP
  • Presiding officer Justice Steele
PDF · Subscribers
Ancillary Order dated May 19, 2023
  • Counsel Bennett Jones LLP
  • Presiding officer Justice Steele
PDF · Subscribers
Supplement to the Second Report to Court of the Receiver dated May 15, 2023
PDF · Subscribers
Motion Record of the Receiver dated May 12, 2023
PDF · Subscribers
Second Report to Court of the Receiver dated May 12, 2023
  • Cash on hand · Disbursements · Fee schedule · Financial position Subscribers
  • + 5 more extracted facts
PDF · Subscribers
Endorsement of Justice Steele dated April 3, 2023
  • Presiding officer Justice Steele
PDF · Subscribers
First Report to Court of the Receiver dated March 31, 2023
  • Cash on hand · Disbursements · Operational summary · Professional fees Subscribers
  • + 3 more extracted facts
PDF · Subscribers
Endorsement of Justice Steele dated March 19, 2023
  • Presiding officer Justice Steele
PDF · Subscribers
Receivership Appointment Order dated March 17, 2023
  • Applicant CHIEF EXECUTIVE OFFICER OF THE FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO
  • Appointee KSV Restructuring Inc.
  • Appointee role receiver
  • Commencement date 17 March 2023
  • + 5 more extracted facts
PDF · Subscribers
Application Record dated March 15, 2023
  • Applicant CHIEF EXECUTIVE OFFICER OF THE FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO
  • Appointee KSV Restructuring Inc.
  • Appointee role Proposed Receiver
  • Commencement date 15 March 2023
  • + 2 more extracted facts
PDF · Subscribers
Factum of the Applicant dated March 15, 2023PDF · Subscribers

Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.

CiteProceedings., “First Swiss Mortgage Corp.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/first-swiss-mortgage-corp

Sources last checked · summary updated 20 August 2026 · Report a correction · Printed from proceedings.ca/case/first-swiss-mortgage-corp

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.