Motion Record of Portland Private Income Fund and Portland Investment Counsel Inc. dated January 31, 2025 — Application / notice of application
Mapleview Developments Ltd., Pace Mapleview Ltd. and 2552741 Ontario Inc.
Follow- Proceeding
- Receivership (court-appointed)subsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CV-24-00716511-00CL
Mapleview Developments Ltd., Pace Mapleview Ltd. and 2552741 Ontario Inc. have been under the receivership and management of KSV Restructuring Inc. since March 21, 2024, when the Ontario Superior Court of Justice (Commercial List) made a receivership order on the application of KingSett Mortgage Corporation under subsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, in court file CV-24-00716511-00CL. KingSett holds first-priority mortgage security and is owed approximately $50.3 million as at July 26, 2024; MarshallZehr Group Inc.'s second, third and fourth-ranking mortgages totalled approximately $99 million at the date of the order. Other pre-filing obligations total approximately $91.7 million, including approximately $57.3 million to MarshallZehr and approximately $7.3 million of HST collected on 266 closed townhomes and not remitted. Twenty-one construction liens are registered against the real property, and Portland disputes the ranking of the third-ranking mortgage it claims.
Motion Record of Aviva Insurance Company dated January 13, 2025 — Application / notice of application
Responding Motion Record of Dunsire Homes Inc. and Aggregated Investments Inc. dated January 13, 2025 - Volume 1 of 3 — Response / objection pleading
Responding Motion Record of Dunsire Homes Inc. and Aggregated Investments Inc. dated January 13, 2025 - Volume 2 of 3 — Response / objection pleading
Responding Motion Record of Dunsire Homes Inc. and Aggregated Investments Inc. dated January 13, 2025 - Volume 3 of 3 — Response / objection pleading
Notice of Motion of Portland Private Income Fund and Portland Investment Counsel Inc. dated September 30, 2024 — Application / notice of application
Compendium of Dunsire Homes Inc. dated September 16, 2024 — Application / notice of application
The officer filed report no. Trustee's Report to Creditors on Preliminary Administration. Following the sale transaction, the Debtors no longer carry on any business, have no employees, and hold no remaining assets of significant value.
Source: Mapleview - Trustees Report to Creditors on Preliminary Administration dated September 13, 2024
The officer filed a report. Following the sale of substantially all of the Debtors' property, the Debtors no longer carry on any business or hold assets of significant value, and the Trustee does not expect funds to be available for distribution to creditors in the bankruptcies.
Source: Pace - Trustees Report to Creditors on Preliminary Administration dated September 13, 2024
2552741 Ontario - Trustees Report to Creditors on Preliminary Administration dated September 13, 2024 — Court officer report
Book of Authorities of the Receiver re Lien Claims Motion dated September 11, 2024 — Application / notice of application
Mapleview Developments - Notice of Bankruptcy and First Meeting of Creditors — Notice to creditors
Revised Approval Vesting and Ancillary Matters Order dated August 16, 2024 — Approval and vesting order
Responding Motion Record of the QSG Receiver dated August 15, 2024 — Response / objection pleading
Motion Record of Kingsett Mortgage Corporation dated July 26, 2024 — Application / notice of application
Motion Record of the Receiver re Sale Process Approval dated May 21, 2024 — Application / notice of application
Appointed KSV Restructuring Inc. receiver and manager of the three debtors on KingSett Mortgage Corporation's application under s. 243(1) BIA and s. 101 CJA.
Application Record dated March 14, 2024 - Volume 1 of 2 — Application / notice of application
Application Record dated March 14, 2024 - Volume 2 of 2 was filed. Court file CV-24-00716511-00CL.
Source: Application Record dated March 14, 2024 - Volume 2 of 2
Debtor
Mapleview Developments Ltd., Pace Mapleview Ltd. and 2552741 Ontario Inc.
Receiver
AlixPartners
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Cavanagh | Ontario Superior Court of Justice | 6 orders, Aug 2024 – Nov 2024 | 288 cases on record |
| Justice Steele | Ontario Superior Court of Justice | 3 orders, May 2024 – Aug 2024 | 220 cases on record |
| Justice Black | Ontario Superior Court of Justice | 2 orders, Jan 2025 | 176 cases on record |
| Justice Osborne | Ontario Superior Court of Justice | 2 orders, Mar 2024 | 146 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverAlixPartners | Osler, Hoskin & Harcourt LLP | 31 Jul 2024 | Factum · 31 Jul 2024 |
| Applicant | Bennett Jones LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| DebtorMapleview Developments Ltd., Pace Mapleview Ltd. and 2552741 Ontario Inc. | Devry Smith Frank LLP · Martin, LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorAccurate Glass Products Inc | Wilson Vukelich LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorAdam Slavens | Torys LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorAviva Insurance Company of Canada | Fasken Martineau DuMoulin LLP | 15 Jan 2025 | Factum · 15 Jan 2025 |
| CreditorBank of Montreal | Miller Thomson LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorBisoukis Enterprises Ltd., operating as Kardia Painting | Niroomand Law Professional Corp. | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorCorporation of the City of Barrie | Email: legal.cityinfo@barrie.ca | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorCortina Kitchens Inc., a Construction Lien Claimant | Gardiner Roberts LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorForemont Drywall Contracting, a Construction Lien Claimant | Bianchi Presta LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorFuller Landau Group Inc | Dentons Canada LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorGreenwall Concrete Forming Ltd., a Construction Lien Claimant | Drudi Alexiou Kuchar LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorHome Lumber Inc., Alpa Stairs and Railings Inc | Fogler, Rubinoff LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorJackson Roofing GTA Inc | Pallet Valo LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorJaspal Sangha | Sangha Construction Law Professional Corporation | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorJeffrey J. Long | Koskie Minsky LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorKingSett Mortgage Corporation | Bennett Jones LLP | 16 Aug 2024 | Order · 16 Aug 2024 |
| CreditorMashallZehr Group Inc | Chaitons LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorMitch Stephenson | Fasken Martineau DuMoulin LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorPortland Private Income Fund and Portland Investment Counsel Inc | Dentons Canada LLP | 30 Sep 2024 | Application · 30 Sep 2024 |
| CreditorRichard J. Mazar | Professional Corporation | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorRivervalley Masonry Group Ltd., a Construction Lien Claimant | Torkin Manes LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorRobert A. Miller | Chaitons LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorRobert Thornton | Thornton Grout Finnigan LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorSchaeffer Dzaldov Purcell Ltd., a Construction Lien Claimant | Scalisi | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorSimon Morris | Professional Corporation | 14 Dec 2024 | Service list · 14 Dec 2024 |
| CreditorSunbelt Rentals of Canada Inc., Barrie Trim & Mouldings Inc | Gionet Fairley Wood LLP | 14 Dec 2024 | Service list · 14 Dec 2024 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | MarshallZehr Group Inc. · in 19 casesSecond, third and fourth-ranking mortgage charges registered on title to certain of the Real Property (the 'MarshallZehr Mortgages'); Aggregated Investments Inc. ('AI'), through MarshallZehr as bare trustee, is the sole beneficial owner of the second-ranking AI Mortgage — Approximately $99 million as at the date of the Receivership Order (March 21, 2024), of which approximately $75 million is in respect of second-ranking mortgages under which AI is the beneficiary; interest and costs continue to accrue in respect of each mortgage. Portland claims a 100% interest in the third-ranking mortgage a · as of 21 Mar 2024 | $99M | Third Report of the receiver dated January 13, 2025 |
| 4 | Secured | KingSett Mortgage Corporation · in 28 casesVarious mortgages registered on title to the Real Property; first-priority charge on the Real Property aside from the property subject to the Transferred Vector Charge — Stated as approximately $50.3 million, together with interest and costs as they continue to accrue (the 'KingSett Indebtedness'), as at July 26, 2024. Osler, as independent legal counsel, provided an opinion that KingSett created valid security interests or charges against the Property (p. 56). Figure is stated in the Second Report of the Receiver dated July 26, 2024, attached as Appendix B to this Third Report. — debtor: Mapl · as of 26 Jul 2024 | $50.3M | Third Report of the receiver dated January 13, 2025 |
| 4 | Secured | Westmount Guarantee Insurance CompanySecurity charge subordinate to KingSett and MarshallZehr (not registered on title to certain portions of the Real Property, including that subject to the Transferred Vector Charge), except a first-ranking charge on the Deposit Monies held in trust at Devry Smith Frank LLP — Surety exposure, not a stated loan balance: Westmount made surety facilities available in respect of pre-sale Deposit Monies; its exposure of approximately $6,380,000 (the 'Westmount Indebtedness') represents Deposit Monies previously released to Mapleview. Stated 'as at the date of this Report' in the Second Report dated J · as of 26 Jul 2024 | $6.38M | Third Report of the receiver dated January 13, 2025 |
| 4 | Secured | Portland Private Income Fund and Portland Investment Counsel Inc. ('Portland')Third-ranking mortgage on the Real Property (the 'Portland Mortgage'); Portland asserts it should rank ahead of the second-ranking AI Mortgage — Disputed: Portland advised it is the sole investor in, and has a 100% interest in, the third-ranking mortgage; the Purchaser disputes Portland's position on ranking. The Purchaser will include $2,300,000 (the 'Portland Reserve') in the Priority Payables Reserve pending resolution. This mortgage is among the MarshallZehr Mortgages included in the approximately $99 million aggregate — not additive. — debtor: Mapleview Developments Ltd., Pace Mapleview L · as of 9 Jul 2024 | $2.21M | Third Report of the receiver dated January 13, 2025 |
| 4 | Secured | Aggregated Investments Inc. (transferee of the Transferred Vector Charge, formerly held by Vector Financial Services Limited) · in 2 casesFirst-priority charge on PIN 58091-4802 (included in the Real Property) in the principal amount of $3,285,000 (the 'Transferred Vector Charge') — The $3,285,000 is the stated principal amount of the charge, not a stated outstanding balance. Prior to the date of the Receivership Order the charge was held by Vector Financial Services Limited and was transferred to AI. Under the APS it is one of the 'Assumed Mortgages' the Purchaser elected to assume. — debtor: Mapleview Developments Ltd. (registered owner of the Real Property) | — | Third Report of the receiver dated January 13, 2025 |
| 8 | Unsecured | MarshallZehr Group Inc. · in 19 casesApproximately $57.3 million owing for unsecured amounts, part of the Debtors' other pre-filing obligations totalling approximately $91.7 million. MarshallZehr also holds secured mortgage claims in a distinct capacity (see secured entries). — debtor: Mapleview Developments Ltd., Pace Mapleview Ltd. and 2552741 Ontario Inc. (the Debtors) · as of 21 Mar 2024 | $57.3M | Third Report of the receiver dated January 13, 2025 |
| 8 | Unsecured | Other creditors, including construction contractors and other vendors (aggregate as reported)Approximately $34.4 million; the document names no individual creditors within this aggregate. Part of pre-filing obligations totalling approximately $91.7 million. 21 construction liens are registered on title to the Real Property (p. 56), and a portion of amounts owing to lien claimants may have priority over the mortgagees' secured claims (Holdback Claims, to be covered by a Holdback Reserve). — debtor: Mapleview Developments Ltd., Pace Mapleview Ltd. and 2552741 Ontario Inc. (the Debtors) · as of 21 Mar 2024 | $34.4M | Third Report of the receiver dated January 13, 2025 |
| 8 | Unsecured | Canada Revenue Agency · in 926 casesApproximately $7.3 million of HST collected and not remitted; deemed-trust class (quasi-governmental). Elsewhere described as 'approximately $7.3 million of potential HST claims' (p. 55); the proposed bankruptcy of the Debtors relates in part to these claims. The Priority Payables definition in the APS excludes HST owing by the Debtors. — debtor: Mapleview Developments Ltd. | $7.3M | Third Report of the receiver dated January 13, 2025 |
“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 closed — The Transaction closed on August 23, 2024.Third Report of the receiver dated January 13, 2025 · 13 Jan 2025
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Dunsire Homes Inc.Stalking horsethe Debtors' right, title and interest in and to the Purchased Assets · asset sale · agreement 9 May 2024 | not statedAI Mortgage of approximately $75 million was assumed by the Purchaser pursuant to the Transaction | Closed23 Aug 2024 | Third Report of the receiver dated January 13,… |
Unsecured creditors: no distribution. KingSett Mortgage Corporation paid in full.Third Report of the receiver · 13 Jan 2025
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | KingSett Mortgage Corporation | — | paid in full | Finalper the trustee | 2552741 Ontario - Trustees Report to Creditors on Preliminary… · 13 Sep 2024 |
| Unsecured | Purchasers of freehold townhomes (homebuyers without Westmount surety policy) | — | no distributionconditional | per the receiver | Third Report of the receiver · 13 Jan 2025 |
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.
2 engagements · 2 firms — latest: KSV Restructuring Inc., —Third Report of the receiver · 13 Jan 2025
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| KSV Restructuring Inc.Receiver | — | — | — | $535.17stated average | Third Report of the receiver · 13 Jan 2025 |
| Osler, Hoskin & Harcourt LLPCounsel | — | — | — | $742.24stated average | Third Report of the receiver · 13 Jan 2025 |
| Date | Document | File |
|---|---|---|
Motion Record of Portland Private Income Fund and Portland Investment Counsel Inc. dated January 31, 2025
| ||
Deposit Return Protocol Approval Order dated January 16, 2025
| ||
Endorsement of Justice Black dated January 16, 2025
| ||
Factum of Aviva Insurance Company dated January 15, 2025
| ||
Motion Record of Aviva Insurance Company dated January 13, 2025
| ||
| Responding Motion Record of Dunsire Homes Inc. and Aggregated Investments Inc. dated January 13, 2025 - Volume 1 of 3 | ||
| Responding Motion Record of Dunsire Homes Inc. and Aggregated Investments Inc. dated January 13, 2025 - Volume 2 of 3 | ||
| Responding Motion Record of Dunsire Homes Inc. and Aggregated Investments Inc. dated January 13, 2025 - Volume 3 of 3 | ||
Third Report of the receiver dated January 13, 2025
| ||
| Notice #5 to Unit Purchasers dated December 20, 2024 | ||
Service List as at December 14, 2024
| ||
Court Order dated November 21, 2024
| ||
Endorsement of Justice Cavanagh dated November 21, 2024
| ||
| Notice #4 to Unit Purchasers dated October 17, 2024 | ||
Notice of Motion of Portland Private Income Fund and Portland Investment Counsel Inc. dated September 30, 2024
| ||
| Compendium of Dunsire Homes Inc. dated September 16, 2024 | ||
2552741 Ontario - Trustees Report to Creditors on Preliminary Administration dated September 13, 2024
| ||
Mapleview - Trustees Report to Creditors on Preliminary Administration dated September 13, 2024
| ||
Pace - Trustees Report to Creditors on Preliminary Administration dated September 13, 2024
| ||
| Book of Authorities of the Receiver re Lien Claims Motion dated September 11, 2024 | ||
Reply Factum of the Receiver re Lien Claims Motion dated September 11, 2024
| ||
Factum of the Receiver dated August 29, 2024
| ||
| 2552741 Ontario - Notice of Bankruptcy and First Meeting of Creditors | ||
| Mapleview Developments - Notice of Bankruptcy and First Meeting of Creditors | ||
| Pace Mapleview - Notice of Bankruptcy and First Meeting of Creditors | ||
Receiver's Certificate filed August 23, 2024
| ||
Affidavit of M. Dick affirmed August 16, 2024
| ||
Bankruptcy Order dated August 16, 2024
| ||
Endorsement of Justice Cavanagh dated August 16, 2024
| ||
Revised Approval Vesting and Ancillary Matters Order dated August 16, 2024
| ||
Revised Distribution Order Dated August 16, 2024
| ||
Supplementary Endorsement of Justice Cavanagh dated August 16, 2024
| ||
| Brief of Authorities of Mapleview Developments dated August 15, 2024 | ||
| Notice of Appearance of QSG Receiver dated August 15, 2024 | ||
| Responding Motion Record of the QSG Receiver dated August 15, 2024 | ||
| Affidavit of Daniel Pollack sworn August 14, 2024 | ||
| Affidavit of Linda Fraser-Richardson sworn August 9, 2024 | ||
| Affidavit of Safaa Deen sworn August 8, 2024 | ||
| Responding Application Record dated August 7, 2024 | ||
| Affidavit of Carolin Jumaa sworn August 2, 2024 | ||
Endorsement of Justice Steele dated August 2, 2024
| ||
| Affidavit of Erica Rochette sworn August 1, 2024 | ||
| Written Submissions of Quality Sterling Group dated August 1, 2024 | ||
Factum of the Receiver dated July 31, 2024
| ||
| Notice #3 to Unit Purchasers dated July 30, 2024 | ||
| Motion Record of Kingsett Mortgage Corporation dated July 26, 2024 | ||
| Motion Record of the Receiver dated July 26, 2024 | ||
| Second Report of the Receiver dated July 26, 2024 | ||
Endorsement of Justice Steele dated May 30, 2024
| ||
Sale Process Approval Order dated May 30, 2024
| ||
| Notice #2 to Unit Purchasers dated May 23, 2024 | ||
First Report of Receiver dated May 21, 2024
| ||
| Motion Record of the Receiver re Sale Process Approval dated May 21, 2024 | ||
| Notice to Unit Purchasers dated April 11, 2024 | ||
Endorsement of Justice Osborne dated March 21, 2024
| ||
Receivership Order dated March 21, 2024
| ||
| Factum of the Application dated March 18, 2024 | ||
| Application Record dated March 14, 2024 - Volume 1 of 2 | ||
Application Record dated March 14, 2024 - Volume 2 of 2
| ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “Mapleview Developments Ltd., Pace Mapleview Ltd. and 2552741 Ontario Inc.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/mapleview-developments-ltd-pace-mapleview-ltd-and-2552741-ontario-inc