#Report
M&L General Contracting Ltd. and M&L Holdings Ltd
FollowActive
- Proceeding
- Receivership (court-appointed)section 243 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended
- File
- CI 14-01-90850
OverviewSummary updated
M&L General Contracting Ltd. and M&L Holdings Ltd have been under court-appointed receivership since August 27, 2014, when Ernst & Young Inc. was appointed receiver on the application of Royal Bank of Canada under section 243 of the Bankruptcy and Insolvency Act, in the Court of King's Bench of Manitoba under file CI 14-01-90850. RBC, described as the principal secured creditor, holds general security over the M&L loans and credit facilities and a first-ranking collateral mortgage over 83 Higgins Avenue securing Holdings' guarantee; its approximate balance owing was $2,300,000, inclusive of a $46,380.11 set-off applied against secured loans, as advised to the Receiver at March 10, 2015. The Lockport Yard is subject to a first-ranking mortgage held by 0897359 BC Ltd., registered in the principal amount of $250,000 plus interest and costs, with approximately $291,000 outstanding as at November 2014. Roynat Inc. holds an interest in the yard's Quonset hut and has advised it would release that interest on payment of $35,000. The receivership remains active.
Claims processIf you are owed money
A claims procedure has been established — see the order for deadlines.
FormProof of Claim
Per the Trust Claims Process dated 26 March 2015.
Proceedings AIAsk this case — answers cite the filings
Case updates21 dated entries
#Report
18 earlier updates, back to 27 August 2014 — subscribers.
Parties
Debtor
M&L General Contracting Ltd. and M&L Holdings Ltd
Receiver
EY
Bench and counselPer the orders and service lists on the record
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| DebtorM&L General Contracting Ltd. and M&L Holdings Ltd | Pitblado LLP · Thompson Dorfman Sweatman LLP | 11 Mar 2015 | Service list · 11 Mar 2015 |
| Creditor1124965 Ontario Limited, carrying on business as Secure Store | HGR Graham Partners LLP | 11 Mar 2015 | Service list · 11 Mar 2015 |
| CreditorBfi | MLT Aikins LLP | 11 Mar 2015 | Service list · 11 Mar 2015 |
Capital structureAs asserted in the filings
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Royal Bank of Canada · in 556 casesas of current balance as advised to Receiver (report date, March 10, 2015) — First-ranking collateral mortgage over 83 Higgins Avenue securing Holdings' guarantee and postponement of claim in respect of General's direct obligations; general security over M&L loans and credit facilities — Approximate balance owing for all loans and credit facilities, inclusive of $46,380.11 set-off applied by RBC against secured loans, plus costs. Detailed security/indebtedness described in Holmes Affidavit sworn August 21, 2014 (not included in provided pages). RBC is described as principal secured creditor of | $2.3M | The purpose of this first report of the Receiver (the "First Report") is to advise this Honourable Court with respect to: a) the background of M&L, b) the activities of the Receiver since the date of the Order, c) the realization of certain M&L assets, d) the Receiver's efforts to sell the real property of M&L, e) a proposed claims process to determine the existence and quantum of possible claims by subcontractors of M&L who may assert lien or trust claims pursuant to The Builders ' Liens Act, R.S.M. 1987 c.B9l (the "BLA"), f) the fees and disbursements of the Receiver and its legal counsel, and g) the Receiver's conclusions and recommendations |
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.
2 more claims across lower-ranking classesSubscribe to view
Sale processAs stated in the filings
5 transactions · 3 closed · 2 approved — Sale of the real property at 83 Higgins and the Lockport Yard closedThe purpose of this second report of the Receiver (the "Second Report")… · 17 Jan 2018
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Clearwater Investments Inc.certain real property of M & L Holdings Ltd. commonly known as 83 Higgins Avenue, Winnipeg, Manitoba (the 'M&L Holdings Property') · real property · agreement 21 Nov 2014 | Subscribers | Closed25 Mar 2015 | The purpose of this second report of the… |
| Terry Frasercertain real property of M & L General Contracting Ltd. civically addressed as 160 and 180 I-XL Crescent, RM of St. Clements, Manitoba (the "M&L General Property") · real property · agreement 11 Mar 2015 | Sealed | Approved17 Mar 2015 | Sale Approval and Vesting Order (Lots 14 & 15) |
| purchaser under the Lockport Offerthe Lockport Yard and the Quonset hut located thereupon · asset sale | not stated | Approved | This Court approves the accounts of the… |
| purchaser of 83 Higgins real property, unnamedthe real property and n n r nn n he satisfaction of the Receiver · real property | not stated | Closed | The purpose of this second report of the… |
| purchaser of the Lockport Yard, unnamedthe real property of the Lockport Yard · real property | not stated | Closed1 Apr 2015 | The purpose of this second report of the… |
AdvisorsColliers (listing broker); Adesa Winnipeg (auctioneer); Stevenson Advisors Ltd. (financial advisor); Kaye's Auction House Inc. (auctioneer); McSherry Auction Service Ltd. (auctioneer)The purpose of this first report of the Receiver (the "First Report")…
Closing termsDelivery of Receiver's Certificate confirms payment, satisfaction of conditions, and completion of the TransactionSale Approval and Vesting Order (Lots 14 & 15)
RecoveriesAs declared or paid
Unsecured creditors: no distribution. RBC a distribution · Roynat a distribution.EstimatedThe purpose of this second report of the Receiver (the "Second Report")… · 17 Jan 2018
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | — | — | paid in full | Estimatedper the receiver | The purpose of this second report of the Receiver (the "Second Report")… · 17 Jan 2018 |
| Secured | RBC | — | a distributioninterim | Finalper the receiver | The purpose of this second report of the Receiver (the "Second Report")… · 17 Jan 2018 |
| Secured | Roynat | — | a distributioninterim | Finalper the receiver | The purpose of this second report of the Receiver (the "Second Report")… · 17 Jan 2018 |
| Unsecured | — | — | no distribution | Estimatedper the receiver | The purpose of this second report of the Receiver (the "Second Report")… · 17 Jan 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.
4 stated figures across 4 outcomes, each sourcedSubscribe to view
Documents
21 filings
| Date | Document | File |
|---|---|---|
The Second Report, the Receiver’s Interim Statement of Receipts and Disbursements appended thereto, and the Receiver’s activities described therein, are hereby ratified and approved. All capitalized terms not otherwise defined herein shall have the meanings set out in the Second Report. The Receiver is authorized and directed to make the distributions to Trust Claimants as set forth in paragraphs 81 and 82 of the Second Report
| PDF · Subscribers | |
The purpose of this second report of the Receiver (the "Second Report") is to advise this Honourable Court with respect to: a) the activities of the Receiver since the date of the First Report, b) the realization of certain M&L assets, c) the Receiver's interim statement of receipts and disbursements, d) the Receiver's proposed distribution to creditors and trust claimants, and e) the Receiver's conclusions and recommendations
| PDF · Subscribers | |
Receiver's s.246(2) report
| PDF · Subscribers | |
| Notice of Dispute template | PDF · Subscribers | |
| Frequently Asked Questions | PDF · Subscribers | |
| Instruction Letter | PDF · Subscribers | |
| Proof of Claim | PDF · Subscribers | |
| Trust Claims Process | PDF · Subscribers | |
This is a Supplement to the First Report of the Receiver dated March 10, 2015. It is to be read in conjunction with the First Report and in conjunction with the Confidential Report of the Receiver dated March In, 2015 (the "Confidential Report"). Capitalized terms used in this Supplement shall bear the meanings ascribed to them in the First Report. With respect to the sale of the real property and chattels at located at 83 Higgins Avenue in Winnipeg, Manitoba, the Offer to Purchase entered into between the Receiver and the Purchaser for such sale did not set out the full legal descriptions for the civic address of 83 Higgins, such that a portion of the legal descriptions was omitted. The Receiver entered into an Addendum to Offer to Purchase with the Purchaser dated March 16, 2015 in order to correct the legal descriptions of the lands being sold. A true copy of the Addendum to Offer to Purchase is attached to this Supplement as Appendix "A"
| PDF · Subscribers | |
This Court approves the accounts of the Receiver and its legal counsel as are appended to the First Report, provided that any interested party may challenge the reasonableness of any such accounts by filing a Notice of Motion in the Court and serving it on the Receiver and all parties on the Service List no later than 45 days following the date of this Order. This Court orders and declares that the Receiver’s Confidential Report shall be treated as confidential and sealed and shall neither form part of the public record nor be disclosed to any party to this proceeding or otherwise, except: (a) by further Order of the Court, following notice to the Receiver of such motion; (b) on January 2, 2016; or (c) upon the date on which the Receiver files with the Court written notices that the transactions contemplated in both the Lockport Offer and the Sale Agreement concerning 83 Higgins have closed to the satisfaction of the Receiver; whichever shall first occur, whereupon the Receiver’s Confidential Report shall form part of the public record and no longer be regarded as sealed. This Court approves and authorizes the interim distribution by the Receiver to the Royal Bank of Canada (“RBC”) of the net proceeds from the sale of 83 Higgins, after the closing of the sale of 83 Higgins as described in the First Report. This Court approves and authorizes the distribution by the Receiver of $35,000 to Roynat Inc. in full satisfaction of all claims by Roynat Inc. against the Lockport Yard and the Quonset hut located thereupon, following closing of the Lockport Offer, as described in the First Report. This Court approves and authorizes the Trust Claims Process set forth in Schedule “A” to this Order and as discussed in the First Report, and directs the Receiver to proceed with the Trust Claims Process
| PDF · Subscribers | |
This Court orders and declares that the agreement of purchase and sale between the Purchaser (Terry Fraser), and the Receiver made as of March 11, 2015 (the "Transaction"), whereby the Purchaser agrees to purchase and the Receiver agrees to sell certain real property of M & L General Contracting Ltd. civically addressed as 160 and 180 I-XL Crescent, RM of St. Clements, Manitoba (the "M&L General Property"), and legally described as follows: Lots 14 and 15, Block 4, Plan 43593 WLTO Exc All Mines and Minerals In RL 155 to 162 Parish of St. Andrews, is hereby approved, and that the Transaction is commercially reasonable and in the best interest of stakeholders. The Receiver be and it is hereby authorized and directed to take such additional steps and execute such additional documents as may be necessary or desirable for the completion of the Transaction and for the conveyance of the M&L General Property to the Purchaser
| PDF · Subscribers | |
1. Approval of the First Report of the Receiver dated March 10, 2015 (the "First Report") and the activities of the Receiver described therein, including the Receiver's Interim Statement of Receipts and Disbursements appended to the First Report (all capitalized terms not otherwise defined herein shall have the meanings set out in the First Report), 2. Approval of the fees and disbursements of the Receiver and its counsel as set out in the First Report, 3. Sealing of the Confidential Report of the Receiver dated March 11, 2015 (the "Receiver's Confidential Report"), 4. Approval of the sale by the Receiver of 83 Higgins as provided for in the First Report and the vesting of title to such property in Clearwater Investments Inc. subject only to the encumbrances specified in the draft Approval and Vesting Order Re: Lots 7 and 8, Plan 41 WLTO (W Div) filed herewith, 5. Approval of the interim distribution by the Receiver to the Royal Bank of Canada ("RBC") of the net proceeds from the sale of 83 Higgins, after the closing of such sale, as described in the First Report, 6. Approval of the sale by the Receiver of the Lockport Yard as provided for in the First Report and the vesting of title to such property in Terry Fraser subject only to the encumbrances specified in the draft Approval and Vesting Order Re: Lots 14 and 15, Block 4, Plan 43593 WLTO filed herewith, 7. Approval of the distribution by the Receiver of $35,000 to Roynat Inc. following closing of the Lockport Offer, as described in the First Report, 8. Approval of a Trust Claims Process for determining the claims of any person against M&L General Contracting Ltd. and M&L Holdings Ltd. as the beneficiary of any trust fund constituted or otherwise provided for pursuant to The Builder's Lien Act, C.C.S.M. B91, as described in the First Report and more particularly described in the Draft Order filed herewith
| PDF · Subscribers | |
This Court orders and declares that the agreement of purchase and sale between the Clearwater Investments Inc. (the "Purchaser"), and accepted by the Receiver on November 21, 2014 (as amended in writing, the "Agreement") (the transaction of purchase and sale contemplated by the Agreement, the "Transaction"), to purchase: (a) certain real property of M & L Holdings Ltd. commonly known as 83 Higgins Avenue, Winnipeg, Manitoba (the "Land"), and legally described as follows: Lots 7 and 8, Plan 41 VVLTO (\N Div) Exc Higgins Avenue In RL 14 Parish of St. John, Lots 4, 5 and 6 Plan 41WLTO (w Div) In RL Parish of St. John, and (b) all buildings, structures, erections, improvements, appurtenances and mixtures situated in or upon all of the Land and all systems, machinery and equipment used or intended to be used in connection with the operation and maintenance thereof, including, but not limited to, all electrical fixtures, panels and switch boxes,, heating fixtures and equipment, air conditioning units and equipment, fencing, plumbing and bathroom fixtures as installed, screens, storm windows and doors, window blinds, partitions, power wiring and installations, pumps and compressors, Signage, washers, dryers, pylon signs, spray booth, dust collection system, all built-in cabinets and desks, outside LED screen and associated hardware/software, dishwashers, refrigerators, stoves and other household appliances, televisions, desks, chairs, filing systems, tables, artwork and other fixtures and equipment as well as all other chattels situated on the Land as of the date of the Agreement, excluding all vehicles and trailers (collectively, the "Improvements, Fixtures and Personal Property"), (the Land and the Improvements, Fixtures and Personal Property, collectively, the "M&L Holdings Property")
| PDF · Subscribers | |
| Draft Order Approving Claims Process and Other Matters | PDF · Subscribers | |
| Notice to Trust Claimants | PDF · Subscribers | |
Sale Approval and Vesting Order (Lots 14 & 15)
| PDF · Subscribers | |
Sale Approval and Vesting Order (Lots 4, 5, 6, 7 & 8 - 83 Higgins)
| PDF · Subscribers | |
Service List
| PDF · Subscribers | |
The purpose of this first report of the Receiver (the "First Report") is to advise this Honourable Court with respect to: a) the background of M&L, b) the activities of the Receiver since the date of the Order, c) the realization of certain M&L assets, d) the Receiver's efforts to sell the real property of M&L, e) a proposed claims process to determine the existence and quantum of possible claims by subcontractors of M&L who may assert lien or trust claims pursuant to The Builders ' Liens Act, R.S.M. 1987 c.B9l (the "BLA"), f) the fees and disbursements of the Receiver and its legal counsel, and g) the Receiver's conclusions and recommendations
| PDF · Subscribers | |
| Notice of Receiver | PDF · Subscribers | |
This Court orders that pursuant to s.243(1) of the BIA and s.55 of the QBA, Ernst & Young Inc. is hereby appointed Receiver, without security, of all of the current and future assets, undertakings and properties of the Debtors, wheresoever situate, acquired for, or used in relation to a business carried on by the Debtors, including all proceeds thereof (the "Property")
| 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., “M&L General Contracting Ltd. and M&L Holdings Ltd” (Receivership (court-appointed)), Court of King's Bench of Manitoba. Retrieved 20 September 2026, https://proceedings.ca/case/m-l-general-contracting-ltd-and-m-l-holdings-ltd