Mizrahi (128 Hazelton) Inc. and Mizrahi 128 Hazelton Retail Inc.
Follow- Proceeding
- Receivership (court-appointed)section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CV-24-00715321-00CL
- Industry
- Real estate · Residential development
Mizrahi (128 Hazelton) Inc. and Mizrahi 128 Hazelton Retail Inc. have been under court-appointed receivership in Ontario since June 4, 2024, when the Ontario Superior Court of Justice (Commercial List) appointed KSV Restructuring Inc. as receiver and manager on the application of Constantine Enterprises Inc. The appointment was made under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, and is proceeding under court file no. CV-24-00715321-00CL. The receivership remains active.
The court granted an approval and vesting order for the sale to Brelow Inc. Closing terms, as extracted: Vesting occurs upon delivery of the Receiver's certificate to the Purchaser; the Receiver must file a copy of the certificate with the Court forthwith after delivery.
The court granted an approval and vesting order for the sale to Hazy Holdings Inc. Closing terms, as extracted: Title vests in the Purchaser upon delivery of the Receiver's certificate to the Purchaser, substantially in the form of Schedule 'A'.
Source: Approval and Vesting Order re Parking Garage dated September 16, 2026
The officer filed report no. Seventh Report. The Receiver continues to realize on the remaining condominium property: it seeks court approval of the sales of Unit 404 and the two-spot parking garage (via assignments of Mr. Hiscox's original agreement), Unit 802 is listed for sale, and construction of unit 901 is expected to commence shortly.
Source: Seventh Report of the Receiver dated September 9, 2026
Motion Record of Penegal Trim & Supply Ltd. dated May 28, 2026 — Application / notice of application
Responding Motion Record of Sam Mizrahi and Mizrahi Inc. dated November 28, 2025 — Response / objection pleading
Reasons for Decision of Court of Appeal for Ontario dated October 17, 2025 — Response / objection pleading
Appellant's Supplemental Oral Hearing Compendium dated October 6, 2025 — Application / notice of application
Supplemental Book of Authorities of the Appellant, David Berry dated September 29, 2025 — Application / notice of application
Ontario Court of Appeal Responding Compendium of the Receiver dated August 15, 2025 — Response / objection pleading
Ontario Court of Appeal Responding Factum of the Applicant - Constantine Enterprises Inc. dated August 15, 2025 — Response / objection pleading
Ontario Court of Appeal Responding Factum of the Receiver dated August 15, 2025 — Response / objection pleading
Ontario Court of Appeal Book of Authorities of the Appellant, David Berry dated August 13, 2025 — Application / notice of application
The officer filed report no. Sixth Report. The Receiver is completing the realization of the remaining Hazelton condominium units, seeking court approval of the $7.5 million sale of Unit 801 and authority to distribute net proceeds to senior secured creditor CEI after repaying receiver's borrowings.
Motion Record of the Receiver re DMA CMA Claim dated July 18, 2025 — Application / notice of application
Ontario Court of Appeal Amended Notice of Appeal of D. Berry dated July 11, 2025 — Response / objection pleading
Decision of Justice Roberts of the Ontario Court of Appeal dated July 10, 2025 — Endorsement / reasons
Ontario Court of Appeal Factum of the Receiver re Motion to Expedite Appeal dated June 30, 2025 — Application / notice of application
Ontario Court of Appeal Motion Record of the Receiver re Motion to Expedite Appeal dated June 30, 2025 — Application / notice of application
Ontario Court of Appeal Appellant's Certificate Respecting Evidence dated May 26, 2025 — Endorsement / reasons
Ontario Court of Appeal Notice of appeal of David Berry dated May 26, 2025 — Response / objection pleading
Responding Motion Factum of the Applicant, CEI re Disclaimer Motion dated February 19, 2025 — Response / objection pleading
The court granted an approval and vesting order for the sale to Fawzia Ahmed Gashut. Closing terms, as extracted: Vesting takes effect upon delivery of the Receiver's Certificate to the Purchaser; the certificate confirms payment of the Purchase Price and satisfaction or waiver of closing conditions.
Source: 128 Hazelton Inc. Approval and Vesting Order (Unit 403) dated September 20, 2024
The court granted an approval and vesting order for the sale to Constantine Enterprises Inc. Closing terms, as extracted: Vesting is effective upon delivery of a Receiver's certificate to the Purchaser substantially in the form of Schedule 'A'; the Receiver must file a copy of the certificate with the Court forthwith after delivery.
Source: 128 Hazelton Retail Inc. Approval and Vesting Order (Second Floor Units) dated September 20, 2024
Second Supplement to the Second Report of the Receiver dated September 13, 2024 — Court officer report
The court granted an approval and vesting order for the sale to Hazy Holdings Inc. Closing terms, as extracted: Vesting is effective upon delivery by the Receiver to the Purchaser of a certificate confirming payment of the Purchase Price for the Level 1 Unit and that the Transaction has been completed to the Receiver's satisfaction. Sealed: Confidential appendix to the Second Report of the Receiver, sealed until the earlier of completion of the sale of the Level 1 Unit (Receiver's Certificate filed) or further court order.
Source: Approval and Vesting Order re Level 1 Unit dated August 30, 2024
The court granted an approval and vesting order for the sale to Constantine Enterprises Inc. Closing terms, as extracted: Vesting of Retail's right, title and interest in the Retail APS in the Purchaser occurs upon delivery of the Receiver's Certificate to the Purchaser, free and clear of Claims and Encumbrances (excluding permitted encumbrances and Assumed Liabilities).
Source: Approval and Vesting Order re Retail APS dated August 30, 2024
The court approved a sale and investment solicitation process.
Source: Court Order re Retail APS Sale Process dated June 21, 2024
Court appointed KSV Restructuring Inc. receiver and manager of the two Mizrahi entities on Constantine Enterprises Inc.'s application, commencing the receivership.
Hazelton - Reply Application Record of the Applicant, CEI dated April 16, 2024 — Application / notice of application
Hazelton - Application Record of the Applicant, CEI dated February 23, 2024 was filed. Court file CV-24-00715321-00CL.
Source: Hazelton - Application Record of the Applicant, CEI dated February 23, 2024
Case update
128 Hazelton: Unit 404 finds a buyer after 841 days on the market
On September 16, Justice Steele approved, unopposed, two assignments of a 2018 agreement for Unit 404 and a two-space garage for $2.55 million, net proceeds to senior lender CEI. A day earlier the receiver reported that the assignor, a CEI principal, wanted different credits; CEI agreed to credit its own debt with the $66,544.32 the change cost the estate.
Debtor
Mizrahi (128 Hazelton) Inc. and Mizrahi 128 Hazelton Retail Inc.
Receiver
KSV
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Cavanagh | Ontario Superior Court of Justice | 13 orders, May 2024 – Jun 2026 | 316 cases on record |
| Justice Black | Ontario Superior Court of Justice | 7 orders, Jun 2024 – Oct 2025 | 191 cases on record |
| Justice Steele | Ontario Superior Court of Justice | 4 orders, Sep 2026 | 239 cases on record |
| Justice Osborne | Ontario Superior Court of Justice | 2 orders, Jan 2025 – May 2025 | 168 cases on record |
Counsel of record
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Constantine Enterprises Inc. (CEI) – Hazelton Subordinate IndebtednessMortgage on the Real Property, general assignment of rents, general security agreement, under the credit agreement dated June 19, 2015 (non-revolving facility, principal $21,000,000). — Interest and costs continue to accrue. Subordinated to DUCA (now CEI as holder of the Priority Indebtedness) under a subordination, assignment, postponement and standstill agreement dated June 22, 2017. CEI's mortgage also has a registered postponement in favour of Aviva and the City of Toronto. PPSA registration in favour of CEI. NRF opinion that the security is valid and enforceable, subject to standard assum · as of 29 Feb 2024 | $31M | First Report of the Receiver dated June 14, 2024 |
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 8 | Unsecured |
12 more claims in 2 classes The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
$9 today, then $99 a month from day 8. Cancel anytime.
Already a subscriber? Sign in.
See all plansThis 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.
9 transactions · 3 closed · 3 proposed · 3 approved — Court approved the sale transaction contemplated by the Original APS, Parking Garage Agreement, Parking Consent and Amendment Agreement and provided for vesting of the Purchased Assets in Hazy Holdings Inc.Receivers Certificate re Parking Garage dated October 2, 2026 · 2 Oct 2026
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Constantine Enterprises Inc.Stalking horseall of Hazelton's right, title and interest in and to the assets described in the Second Floor APAs and further described in Schedule 'B' hereto (the 'Second Floor Units') · real property · agreement 14 Jun 2024 | not stated | Closed17 Oct 2024 | Receiver's Certificate re 2nd Floor Units dated… |
| Hazy Holdings Inc.all of Hazelton's right, title and interest in and to the assets described in the Retail APS, being the Level 1 Unit · real property · nominee/assignee: Constantine Enterprises Inc. (assignor of the Retail APS to the Purchaser) · agreement 20 Aug 2024 | Subscribers | Closed10 Sep 2024 | Receiver's Certificate re Level 1 Unit dated… |
| CEIStalking horseAll of Retail's right, title and interest in the Retail APS (with the successful purchaser to close on the Level 1 Unit) · asset sale | Subscribers | Proposed | Second Supplement to the Second Report of the… |
| proposed purchaser of Unit 403 under the 403 Assignment Agreement is not namedUnit 403 (with one parking spot assigned to CEI) · real property | Subscribers | Proposed | Second Supplement to the Second Report of the… |
| Fawzia Ahmed Gashutthe assets described in the 403 APS and further described on Schedule 'B' hereto (Unit 2, Level B, Toronto Standard Condominium Plan No. 2967, PIN 76967-0034(LT)), together with the Assigned Parking Spot vesting in CEI (Unit 403) · real property · nominee/assignee: Constantine Enterprises Inc. (takes the Assigned Parking Spot) | Subscribers | Closed31 Oct 2024 | Receiver's Certificate dated October 31, 2024 |
| Jean Robitaille and Joanne AubinUnit 801 at 128 Hazelton Avenue, Toronto (Purchased Assets under the 801 APS) · real property · agreement 15 Jul 2025 | Subscribers | Approved15 Aug 2025 | Approval and Vesting Order dated August 15, 2025 |
| HiscoxUnit 404 and the Parking Garage · real property | Subscribers | Proposed | Aide Memoire of the Receiver dated September… |
| Brelow Inc.all of Hazelton's right, title and interest in Unit 404 (Unit 4, Level 4 and Unit 19, Level C, Toronto Standard Condominium Plan No. 2967 and appurtenant interests) · real property · nominee/assignee: Robert Hiscox, as assignor of the Original APS portion for Unit 404 · agreement 18 Aug 2026 | Subscribers | Approved16 Sep 2026 | Approval and Vesting Order dated September 16,… |
| Hazy Holdings Inc.all of Hazelton's right, title, and interest in and to the assets described in the Original APS and further described on Schedule 'B' hereto (the Parking Garage, Units 14 and 15, Level B, Toronto Standard Condominium Plan No. 2967) · real property · nominee/assignee: Robert Hiscox, as assignor of the Original APS portion for the Parking Garage · agreement 18 Aug 2026 | not stated | Approved16 Sep 2026 | Approval and Vesting Order re Parking Garage… |
Unsecured creditors: no distribution.EstimatedOntario Court of Appeal Motion Record of the Receiver re Motion to… · 30 Jun 2025
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Unsecured | — | — | no distribution | Estimated | Ontario Court of Appeal Motion Record of the Receiver re Motion to… · 30 Jun 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.
| Date | Document | File |
|---|---|---|
Receivers Certificate re Parking Garage dated October 2, 2026
| PDF · Subscribers | |
Ancillary Matters Order dated September 16, 2026
| PDF · Subscribers | |
Approval and Vesting Order dated September 16, 2026
| PDF · Subscribers | |
Approval and Vesting Order re Parking Garage dated September 16, 2026
| PDF · Subscribers | |
Endorsement of Justice Steele dated September 16, 2026
| PDF · Subscribers | |
Aide Memoire of the Receiver dated September 15, 2026
| PDF · Subscribers | |
Factum of the Receiver dated September 11, 2026
| PDF · Subscribers | |
Motion Record of the Receiver dated September 9, 2026
| PDF · Subscribers | |
Service list as of September 9, 2026
| PDF · Subscribers | |
Seventh Report of the Receiver dated September 9, 2026
| PDF · Subscribers | |
Order of Justice Cavanagh filed June 11, 2026
| PDF · Subscribers | |
| Aide Memoire of Penegal Trim & Supply Ltd. dated May 28, 2026 | PDF · Subscribers | |
| Motion Record of Penegal Trim & Supply Ltd. dated May 28, 2026 | PDF · Subscribers | |
Endorsement of Justice Cavanagh dated May 12, 2026
| PDF · Subscribers | |
| Oral Compendium of Mizrahi Inc. dated February 3, 2026 | PDF · Subscribers | |
Factum of Mizrahi Inc. and Sam Mizrahi dated January 29, 2026
| PDF · Subscribers | |
Factum of the Receiver dated January 26, 2026
| PDF · Subscribers | |
| Reply Affidavit of Robert Hiscox dated December 22, 2025 | PDF · Subscribers | |
| Responding Motion Record of Sam Mizrahi and Mizrahi Inc. dated November 28, 2025 | PDF · Subscribers | |
Court Order dated November 13, 2025
| PDF · Subscribers | |
Endorsement of Justice Cavanagh dated November 13, 2025
| PDF · Subscribers | |
| Aide Memoire of the Applicants dated November 10, 2025 | PDF · Subscribers | |
Motion Record of the Applicant dated November 10, 2025
| PDF · Subscribers | |
| Affidavit of Robert Hiscox sworn on October 29, 2025 | PDF · Subscribers | |
| Reasons for Decision of Court of Appeal for Ontario dated October 17, 2025 | PDF · Subscribers | |
Appellant's Supplemental Oral Hearing Compendium dated October 6, 2025
| PDF · Subscribers | |
Endorsement of Justice Black dated October 1, 2025
| PDF · Subscribers | |
Case Conference Memo of the Receiver dated September 30, 2025
| PDF · Subscribers | |
Reply Aide Memoire of Mizrahi Parties dated September 30, 2025
| PDF · Subscribers | |
Aide Memoire of Mizrahi Inc. and Sam Mizrahi dated September 29, 2025
| PDF · Subscribers | |
| Supplemental Book of Authorities of the Appellant, David Berry dated September 29, 2025 | PDF · Subscribers | |
Ancillary Matters Order dated August 15, 2025
| PDF · Subscribers | |
Approval and Vesting Order dated August 15, 2025
| PDF · Subscribers | |
Endorsement of Justice W.D. Black dated August 15, 2025
| PDF · Subscribers | |
| Ontario Court of Appeal Responding Compendium of the Receiver dated August 15, 2025 | PDF · Subscribers | |
| Ontario Court of Appeal Responding Factum of the Applicant - Constantine Enterprises Inc. dated August 15, 2025 | PDF · Subscribers | |
| Ontario Court of Appeal Responding Factum of the Receiver dated August 15, 2025 | PDF · Subscribers | |
| Ontario Court of Appeal Book of Authorities of the Appellant, David Berry dated August 13, 2025 | PDF · Subscribers | |
Factum of the Receiver dated August 11, 2025
| PDF · Subscribers | |
| Motion Record of the Receiver dated August 11, 2025 | PDF · Subscribers | |
Sixth Report of the receiver dated August 11, 2025
| PDF · Subscribers | |
Notice of Motion re Unit 801 dated August 8, 2025
| PDF · Subscribers | |
Ontario Court of Appeal Certificate of Perfection dated July 23, 2025
| PDF · Subscribers | |
| Ontario Court of Appeal Factum of the Appellant D. Berry dated July 23, 2025 | PDF · Subscribers | |
| Motion Record of the Receiver re DMA CMA Claim dated July 18, 2025 | PDF · Subscribers | |
Notice of Motion dated July 18, 2025
| PDF · Subscribers | |
| Fifth Report of the Receiver dated July 16, 2025 | PDF · Subscribers | |
Ontario Court of Appeal Amended Appellant's Certificate Respecting Evidence dated July 11, 2025
| PDF · Subscribers | |
| Ontario Court of Appeal Amended Notice of Appeal of D. Berry dated July 11, 2025 | PDF · Subscribers | |
Decision of Justice Roberts of the Ontario Court of Appeal dated July 10, 2025
| PDF · Subscribers | |
Ontario Court of Appeal Factum of the Receiver re Motion to Expedite Appeal dated June 30, 2025
| PDF · Subscribers | |
Ontario Court of Appeal Motion Record of the Receiver re Motion to Expedite Appeal dated June 30, 2025
| PDF · Subscribers | |
Fourth Report of the Receiver dated June 27, 2025
| PDF · Subscribers | |
Endorsement of Justice Black dated June 26, 2025
| PDF · Subscribers | |
Ontario Court of Appeal Appellant's Certificate Respecting Evidence dated May 26, 2025
| PDF · Subscribers | |
| Ontario Court of Appeal Notice of appeal of David Berry dated May 26, 2025 | PDF · Subscribers | |
Reasons for Decision of Justice Osborne released May 15, 2025
| PDF · Subscribers | |
| Aide Memoire of Sam Mizrahi dated February 20, 2025 | PDF · Subscribers | |
| Responding Motion Factum of the Applicant, CEI re Disclaimer Motion dated February 19, 2025 | PDF · Subscribers | |
| Factum of David Berry dated February 18, 2025 | PDF · Subscribers | |
Factum of the Receiver re Unit 901 dated February 12, 2025
| PDF · Subscribers | |
| Responding Motion Record dated January 29, 2025 | PDF · Subscribers | |
Endorsement of Justice Osborne dated January 13, 2025
| PDF · Subscribers | |
| Motion Record of the Receiver dated January 11, 2025 | PDF · Subscribers | |
| Third Report of the Receiver dated January 10, 2025 | PDF · Subscribers | |
Receiver's Certificate dated October 31, 2024
| PDF · Subscribers | |
Receiver's Certificate re 2nd Floor Units dated October 17, 2024
| PDF · Subscribers | |
128 Hazelton Inc. Approval and Vesting Order (Unit 403) dated September 20, 2024
| PDF · Subscribers | |
128 Hazelton Retail Inc. Approval and Vesting Order (Second Floor Units) dated September 20, 2024
| PDF · Subscribers | |
Endorsement of Justice Cavanagh dated September 20, 2024
| PDF · Subscribers | |
Second Supplement to the Second Report of the Receiver dated September 13, 2024
| PDF · Subscribers | |
Receiver's Certificate re Level 1 Unit dated September 10, 2024
| PDF · Subscribers | |
Receiver's Certificate re Retail APS dated September 10, 2024
| PDF · Subscribers | |
Approval and Vesting Order re Level 1 Unit dated August 30, 2024
| PDF · Subscribers | |
Approval and Vesting Order re Retail APS dated August 30, 2024
| PDF · Subscribers | |
Endorsement of Justice Cavanagh dated August 30, 2024
| PDF · Subscribers | |
Endorsement of Justice Cavanagh dated August 29, 2024
| PDF · Subscribers | |
Supplement to the Second Report of the Receiver dated August 29, 2024
| PDF · Subscribers | |
Aide Memoire of the Receiver dated August 28, 2024
| PDF · Subscribers | |
Factum of the Receiver dated August 22, 2024
| PDF · Subscribers | |
| Motion Record of the Receiver dated August 20, 2024 | PDF · Subscribers | |
| Second Report of the Receiver dated August 20, 2024 | PDF · Subscribers | |
Endorsement of Justice Black dated July 10, 2024
| PDF · Subscribers | |
Court Order re Retail APS Sale Process dated June 21, 2024
| PDF · Subscribers | |
Endorsement of Justice Black dated June 21, 2024
| PDF · Subscribers | |
Hazelton - Factum of the Receiver dated June 17, 2024
| PDF · Subscribers | |
First Report of the Receiver dated June 14, 2024
| PDF · Subscribers | |
| Motion Record of the Receiver dated June 14, 2024 | PDF · Subscribers | |
Receivership Order dated June 4, 2024
| PDF · Subscribers | |
Endorsement of Justice Cavanagh dated May 13, 2024
| PDF · Subscribers | |
| Hazelton - Reply Factum of the Applicant, CEI dated May 8, 2024 | PDF · Subscribers | |
| Hazelton - Factum of the Applicant, CEI dated April 26, 2024 | PDF · Subscribers | |
Hazelton - Reply Application Record of the Applicant, CEI dated April 16, 2024
| PDF · Subscribers | |
Hazelton - Application Record of the Applicant, CEI dated February 23, 2024
| 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., “Mizrahi (128 Hazelton) Inc. and Mizrahi 128 Hazelton Retail Inc.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 16 October 2026, https://proceedings.ca/case/mizrahi-128-hazelton-inc-and-mizrahi-128-hazelton-retail-inc