The Lenaco Group of Companies (Receivership)
Follow- Proceeding
- Receivership (court-appointed)section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 and section 13(2) of the Judicature Act, R.S.A. 2000, c.J-2
- File
- 1701-10545
- Industry
- Real estate · Residential development
The Lenaco Group of Companies has been under court-appointed receivership since August 28, 2017, when the Court of Queen's Bench of Alberta in Bankruptcy and Insolvency appointed PricewaterhouseCoopers Inc. as Receiver on the application of Alberta Treasury Branch, under section 243(1) of the Bankruptcy and Insolvency Act and section 13(2) of the Judicature Act (Alberta). The appointment was made under security granted to ATB, which the Receiver's notice and statement records as owed $2,427,623.00 by 1860808 Alberta Ltd. as at August 28, 2017. The Canada Revenue Agency is listed as a secured party against the same debtor in an amount to be determined, and Fazackerley & Associates LLP is the sole unsecured creditor listed, at $2,625.00. The proceeding, Court File No. 1701-10545, remains active.
A claims procedure has been established — see the order for deadlines.
The officer filed report no. First Report. The Company is bankrupt with no estate funds. The Trustee filed eight claims in respect of reviewable transactions and, with creditor approval, supports ATB taking assignment of those claims under s. 38 of the BIA.
Source: Trustee's First Report to Court dated February 16, 2021
The court granted an approval and vesting order for the sale to Joginder Sunner and Sawaran Sunner. Closing terms, as extracted: Vesting is effective upon delivery by the Receiver to the Purchaser of a certificate confirming payment of the Purchase Price, satisfaction or waiver of closing conditions, and completion of the Transaction to the Receiver's satisfaction.
The officer filed report no. Fifth Report. The Receiver has sold all of the Companies' real properties except the Wedgewood Home, a residential property in south west Edmonton, and seeks court approval of its sale with proceeds going to ATB, the only creditor to benefit.
The court granted an approval and vesting order for the sale to 2103194 Alberta Ltd. Closing terms, as extracted: Vesting occurs upon delivery of the Receiver's Certificate to the Purchaser (or its nominee).
Source: 210 Alberta Sale Approval and Vesting Order dated March 28, 2018
The officer filed report no. Fourth Report. The Receiver has completed sales of the Duplex Inventory, Eaux Claires Project, 116 Avenue Condo and Oliver Property, continues to secure and winterize remaining assets, is marketing the Wedgewood Home, and now seeks approval to sell the Fort McMurray Project and distribute proceeds and released holdbacks to ATB. The companies are not operating.
Application for Approval of 210 Alberta PSA, Vesting Provisions, Distributions to Creditors and Sealing Confidential Appendices dated March 19, 2018 — Application / notice of application
The court granted an approval and vesting order for the sale to 1715121 Alberta Ltd. Closing terms, as extracted: Vesting takes effect upon delivery of the Receiver's Certificate confirming payment of the Purchase Price, satisfaction or waiver of closing conditions, and completion of the Transaction to the Receiver's satisfaction; net proceeds held in trust and Claims attach to proceeds.
Source: 171 Alberta Sale Approval and Vesting Order dated January 29, 2018
The court granted an approval and vesting order for the sale to LeCerf Communities. Closing terms, as extracted: Vesting is effective upon delivery of the Receiver's Certificate to the Purchaser (or its nominee), and net proceeds stand in place of the property. Sealed: The LeCerf PSA is attached as Confidential Appendix 'E' to the Third Receiver's Report; confidential appendices reviewed unfiled.
Source: LeCerf Sale Approval and Vesting Order dated January 29, 2018
The court granted an approval and vesting order for the sale to Nelson Lumber Company Ltd. Closing terms, as extracted: Vesting is effective upon delivery of a Receiver's Certificate to the Purchaser; the Purchaser pays the full Purchase Price to the Receiver. Sealed: Confidential Appendices 'C', 'D', 'E', 'F', 'G', 'H', 'J', 'K', '0', and, 'P' to the Third Receiver's Report, unfiled (including the Nelson Lumber PSA at Confidential Appendix 'D').
Source: Nelson Lumber Sale Approval and Vesting Order dated January 29, 2018
The court granted an approval and vesting order for the sale to Rocker Masonry Ltd. Closing terms, as extracted: Vesting is effective upon delivery of a Receiver's Certificate to the Purchaser (or its nominee), substantially in the form of Schedule 'A', confirming payment of the Purchase Price, satisfaction or waiver of closing conditions, and completion of the Transaction to the Receiver's satisfaction. Sealed: The Rocker PSA, attached as Confidential Appendix 'H' to the Third Receiver's Report (and other confidential appendices), was reviewed by the Court unfiled.
Source: Rocker Sale Approval and Vesting Order dated January 29, 2018
The officer filed report no. Third Report. The Receiver is marketing and selling the Companies' real estate projects and properties, keeping partially completed structures secured and winterized, and seeking Court approval of four sales and interim distributions to ATB. The restaurant operation (Vivo Downtown) has ceased and its premises were vacated.
Application for Approval of Receiver’s Actions, Interim Distribution and Sealing Order, Nelson Lumber Sale Approval and Vesting Order, LeCerf Sale Approval and Vesting Order, Rocker Sale Approval and Vesting Order and 171 Alberta Sale Approval and Vesting Order dated January 22, 2018 — Application / notice of application
The court approved a sale and investment solicitation process. A bid deadline of 2017-12-15.
Source: Marketing and Sales Process Order dated November 10, 2017
The officer filed report no. Second Report. Operations have ceased and employees were terminated; the Receiver closed the Vivo Downtown restaurant a week after appointment, is completing a few duplexes for sale, and is running a marketing and sales process for the remaining real estate projects and the Head Office.
Application for Service, Sealing and Conduct Approval, Vesting of Head Office and Marketing and Sales Process dated October 30, 2017 — Application / notice of application
The court granted an approval and vesting order for the sale to Rahall Mechanical Inc. Closing terms, as extracted: Vesting is effective upon delivery of a Receiver's certificate to the Purchaser (or its nominee). Sealed: The PSA is attached to the First Receiver's Report as a confidential appendix.
Source: Carlton Sale Approval and Vesting Order dated October 6, 2017
Application for an Order Approving Sale of Carlton Property dated October 4, 2017 — Application / notice of application
The officer filed report no. First Report. The Receiver, appointed August 28, 2017 over the Lenaco companies, is seeking approval of an expedited 'as-is' sale of the partially constructed Carlton Property (residential lot in northwest Edmonton) to Rahall Mechanical Inc. and a sealing order for the confidential appendices; construction will not be completed and other Lenaco projects are still being evaluated.
The officer filed a report. I&G is a holding company whose only believed asset is its shares in a bankrupt, receivership-stage company; the trustee has secured its assets and records and expects no realizable assets for creditors.
Notice of bankruptcy and first meeting of creditors - Conte Holdings Inc., Statement of Affairs, Proof of Claim and Proxy — Proof of claim (blank form)
Notice of bankruptcy and first meeting of creditors- 1847443 Alberta Ltd., Statement of Affairs, Proof of Claim and Proxy — Proof of claim (blank form)
Notice of bankruptcy and first meeting of creditors- 1860808 Alberta Ltd., Statement of Affairs, Proof of Claim and Proxy — Proof of claim (blank form)
Notice of bankruptcy and first meeting of creditors- 1901902 Alberta Ltd., Statement of Affairs, Proof of Claim and Proxy — Proof of claim (blank form)
Notice of bankruptcy and first meeting of creditors- 1909479 Alberta Ltd., Statement of Affairs, Proof of Claim and Proxy — Proof of claim (blank form)
Notice of bankruptcy and first meeting of creditors- Lenaco Properties Inc., Statement of Affairs, Proof of Claim and Proxy — Proof of claim (blank form)
Order appointing PricewaterhouseCoopers Inc. as Receiver on Alberta Treasury Branch's application; the Receiver took possession the same day, commencing the proceeding under Court File No. 1701-10545.
Application for Partial Summary Judgment dated August 9, 2017 — Application / notice of application
Undated filings1 — no date appears on the document · show
https://webex.com/downloads — Application filed
Debtor
The Lenaco Group of Companies (Receivership)
Receiver
PwC
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Campbell | Court of King's Bench of Alberta | 9 orders, Oct 2017 – Jan 2018 | 38 cases on record |
| Justice Romaine | Court of King's Bench of Alberta | 4 orders, Aug 2017 – Oct 2017 | 86 cases on record |
| Justice Shelley | Court of King's Bench of Alberta | 2 orders, Feb 2021 | 18 cases on record |
| Justice Horner | Court of King's Bench of Alberta | 2 orders, Sep 2019 | 74 cases on record |
| Justice Rooke | Court of King's Bench of Alberta | 2 orders, Mar 2018 | 7 cases on record |
| Justice Jones | Court of King's Bench of Alberta | 2 orders, Nov 2017 | 86 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| DebtorThe Lenaco Group of Companies (Receivership) | McLennan Ross LLP | 28 Aug 2017 | Order · 28 Aug 2017 |
| CreditorPricewaterhouseCoopera Inc | McCarthy Tétrault LLP | 28 Aug 2017 | Order · 28 Aug 2017 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed trusts (CRA and other) | Canada Revenue Agency · in 964 casesListed as a secured party with amount 'To be determined'; amount not stated. — debtor: 1860808 Alberta Ltd. | — | Notice and Statement of Receiver - 1860808 Alberta Ltd. |
| 4 | Secured | |||
| 8 | Unsecured |
2 more claims in 2 classes The stack holds Deemed trusts (CRA and other), Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plans“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.
12 transactions · 5 approved · 4 closed · 3 proposed — Court approved the sale of the Wedgewood Home under the Residential Purchase Contract and vesting in the Purchaser upon delivery of the Receiver's Certificate.Residential Home Sale Approval and Vesting Order · 12 Sep 2019
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Rahall Mechanical Inc.all of the Seller's right, title, and interest in and to the property and assets described in the PSA (the "Carlton Property"), being 13547 – 158 Ave NW, Edmonton · real property · nominee/assignee: its nominee (unnamed) · agreement 3 Oct 2017 | Subscribers | Approved6 Oct 2017 | Carlton Sale Approval and Vesting Order dated… |
| BGILenaco's head office owned by 1860808 Alberta Ltd. (the Head Office) · real property | Subscribers | Proposed | Receiver’s Second Report dated October 30, 2017 |
| Batchelor Group Inc.the Property described in the Sale Agreement: the Debtor's right, title and interest in the lands at 15231 – 118 Avenue, Edmonton, Alberta (Plan RN51A (LIA) Block 15 Lot 2) · real property · nominee/assignee: its nominee · agreement 25 Oct 2017 | Subscribers | Closed28 Nov 2017 | Receiver’s Third Report dated January 22, 2018 |
| Sorrentino's Restaurant Groupliquor inventory, furniture and glassware, and the moveable restaurant equipment of Vivo Downtown · asset sale | Subscribers | Approved | Receiver’s Third Report dated January 22, 2018 |
| 1715121 Alberta Ltd.190 Alberta's right, title and interest in the property and assets described in the 171 PSA (the Oliver Property), including the lands at 10329-116 Street Edmonton, Alberta · real property · nominee/assignee: its nominee (unnamed) · agreement 22 Dec 2017 | Subscribers | Approved29 Jan 2018 | 171 Alberta Sale Approval and Vesting Order… |
| LeCerf CommunitiesLHMI's right, title and interest in the property and assets described in the LeCerf PSA (the Eaux Claires Project), including the Lands · asset sale · nominee/assignee: its nominee (unnamed) · agreement 12 Jan 2018 | Subscribers | Closed8 Mar 2018 | Receiver’s Fourth Report dated March 19, 2018 |
| Nelson Lumber Company Ltd.the Seller's right, title, and interest in and to the property and assets described in the Nelson Lumber PSA (collectively, the 'Duplex Inventory') · asset sale · nominee/assignee: its nominee · agreement 17 Jan 2018 | Subscribers | Closed1 Feb 2018 | Receiver’s Fourth Report dated March 19, 2018 |
| Rocker Masonry Ltd.LHMI's right, title and interest in the property and assets described in the Rocker PSA (the '116 Avenue Condo'), being #10, 15847 - 116 Avenue NW, Edmonton, Alberta · real property · nominee/assignee: its nominee (unnamed) · agreement 15 Jan 2018 | Subscribers | Closed12 Feb 2018 | Receiver’s Fourth Report dated March 19, 2018 |
| 210the Fort McMurray Project: 24 apartments and certain commercial space located in downtown Fort McMurray, Alberta · real property | Subscribers | Proposed | Receiver’s Fourth Report dated March 19, 2018 |
| 2103194 Alberta Ltd.the Seller's right, title, and interest in and to the Property (as defined in the 210 Alberta PSA), including the lands at 10008 Fraser Avenue, Fort McMurray, Alberta · real property · nominee/assignee: its nominee (unnamed) · agreement 13 Mar 2018 | Subscribers | Approved28 Mar 2018 | 210 Alberta Sale Approval and Vesting Order… |
| Mr. Joginder Sunner and Ms. Sawaran Sunnerall the Companies' interest in the Wedgewood Home · real property · agreement 20 Aug 2019 | Subscribers | Proposed | Receiver’s Fifth Report dated September 3, 2019 |
| Joginder Sunner and Sawaran Sunnerthe Wedgewood Home, 22 Wedgewood Crescent, Edmonton, Alberta · real property · nominee/assignee: its nominee · agreement 9 Aug 2019 | Subscribers | Approved12 Sep 2019 | Residential Home Sale Approval and Vesting Order |
Unsecured creditors: no distribution. ATB short.EstimatedTrustee's First Report to Court · 16 Feb 2021
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | ATB | — | shortfall | Estimatedper the trustee | Trustee's First Report to Court · 16 Feb 2021 |
| Unsecured | Company's unsecured creditors | — | no distribution | Estimatedper the trustee | Trustee's First Report to Court · 16 Feb 2021 |
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.
Cumulative receipts
$11.1M
As at 19 Mar 2018Receiver’s Fourth Report dated March 19, 2018
Cumulative disbursements
As at
Cash on hand
As at
Professional fees
As at
3 more reported figures
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
Approval of ATB's application dated February 26, 2021
| PDF · Subscribers | |
Filed Order (Approval of Fees and Trustee’s Actions) dated February 26, 2021
| PDF · Subscribers | |
| Application for Assignment of Claim | PDF · Subscribers | |
Trustee's First Report to Court dated February 16, 2021
| PDF · Subscribers | |
Notice to Creditors of Meeting
| PDF · Subscribers | |
Approval of Receiver’s Actions and Sealing Order
| PDF · Subscribers | |
Residential Home Sale Approval and Vesting Order
| PDF · Subscribers | |
Receiver’s Fifth Report dated September 3, 2019
| PDF · Subscribers | |
210 Alberta Sale Approval and Vesting Order dated March 28, 2018
| PDF · Subscribers | |
Approval of Receiver’s Actions, Interim Distribution, and Sealing Order dated March 28, 2018
| PDF · Subscribers | |
| Application for Approval of 210 Alberta PSA, Vesting Provisions, Distributions to Creditors and Sealing Confidential Appendices dated March 19, 2018 | PDF · Subscribers | |
Receiver’s Fourth Report dated March 19, 2018
| PDF · Subscribers | |
171 Alberta Sale Approval and Vesting Order dated January 29, 2018
| PDF · Subscribers | |
Approval of Receiver’s Actions, Interim Distribution, and Sealing Order dated January 29, 2018
| PDF · Subscribers | |
LeCerf Sale Approval and Vesting Order dated January 29, 2018
| PDF · Subscribers | |
Nelson Lumber Sale Approval and Vesting Order dated January 29, 2018
| PDF · Subscribers | |
Rocker Sale Approval and Vesting Order dated January 29, 2018
| PDF · Subscribers | |
Application for Approval of Receiver’s Actions, Interim Distribution and Sealing Order, Nelson Lumber Sale Approval and Vesting Order, LeCerf Sale Approval and Vesting Order, Rocker Sale Approval and Vesting Order and 171 Alberta Sale Approval and Vesting Order dated January 22, 2018
| PDF · Subscribers | |
Receiver’s Third Report dated January 22, 2018
| PDF · Subscribers | |
Head Office Vesting Order dated November 10, 2017
| PDF · Subscribers | |
Marketing and Sales Process Order dated November 10, 2017
| PDF · Subscribers | |
Service, Sealing and Conduct Approval Order dated November 10, 2017
| PDF · Subscribers | |
Sales Teaser – Real Estate Projects Under Construction
| PDF · Subscribers | |
| Application for Service, Sealing and Conduct Approval, Vesting of Head Office and Marketing and Sales Process dated October 30, 2017 | PDF · Subscribers | |
Receiver’s Second Report dated October 30, 2017
| PDF · Subscribers | |
Carlton Sale Approval and Vesting Order dated October 6, 2017
| PDF · Subscribers | |
Sealing Order dated October 6, 2017
| PDF · Subscribers | |
Application for an Order Approving Sale of Carlton Property dated October 4, 2017
| PDF · Subscribers | |
Receiver’s First Report dated October 3, 2017
| PDF · Subscribers | |
Trustee’s Preliminary Report - 1847443 Alberta Ltd.
| PDF · Subscribers | |
Trustee’s Preliminary Report - 1860808 Alberta Ltd.
| PDF · Subscribers | |
Trustee’s Preliminary Report - 1901902 Alberta Ltd.
| PDF · Subscribers | |
Trustee’s Preliminary Report - 1909479 Alberta Ltd.
| PDF · Subscribers | |
Trustee’s Preliminary Report - Angelo's Building Supplies 2015 Inc.
| PDF · Subscribers | |
Trustee’s Preliminary Report - Lenaco Homes Masterbuilder Inc.
| PDF · Subscribers | |
| Trustee’s Preliminary Report - Lenaco Properties Inc. | PDF · Subscribers | |
Trustee’s Preliminary Report – Conte Holdings Inc.
| PDF · Subscribers | |
Trustee’s Preliminary Report – I&G Holdings Ltd.
| PDF · Subscribers | |
| Notice and Statement of Receiver - 1847443 Alberta Ltd. | PDF · Subscribers | |
Notice and Statement of Receiver - 1860808 Alberta Ltd.
| PDF · Subscribers | |
| Notice and Statement of Receiver - 1909479 Alberta Ltd. | PDF · Subscribers | |
| Notice and Statement of Receiver - Lenaco Homes Masterbuilder Inc. | PDF · Subscribers | |
| Notice and Statement of Receiver - Lenaco Properties Inc. | PDF · Subscribers | |
| Lenaco Homes Masterbuilder Inc. - Proof of Claim form | PDF · Subscribers | |
| Notice of bankruptcy and first meeting of creditors - Angelo's Building Supplies 2015 Inc., Statement of Affairs Proof of Claim and Proxy | PDF · Subscribers | |
| Notice of bankruptcy and first meeting of creditors - Conte Holdings Inc., Statement of Affairs, Proof of Claim and Proxy | PDF · Subscribers | |
| Notice of bankruptcy and first meeting of creditors- 1847443 Alberta Ltd., Statement of Affairs, Proof of Claim and Proxy | PDF · Subscribers | |
| Notice of bankruptcy and first meeting of creditors- 1860808 Alberta Ltd., Statement of Affairs, Proof of Claim and Proxy | PDF · Subscribers | |
| Notice of bankruptcy and first meeting of creditors- 1901902 Alberta Ltd., Statement of Affairs, Proof of Claim and Proxy | PDF · Subscribers | |
| Notice of bankruptcy and first meeting of creditors- 1909479 Alberta Ltd., Statement of Affairs, Proof of Claim and Proxy | PDF · Subscribers | |
| Notice of bankruptcy and first meeting of creditors- Lenaco Properties Inc., Statement of Affairs, Proof of Claim and Proxy | PDF · Subscribers | |
Bankruptcy Order Lifting Stay dated August 28, 2017
| PDF · Subscribers | |
Bankruptcy Order Substituting Trustee dated August 28, 2017
| PDF · Subscribers | |
| Homeowner Information and FAQs | PDF · Subscribers | |
Receivership Order Dated August 28, 2017
| PDF · Subscribers | |
| Affidavit of Alex Corbett No. 3 dated August 17, 2017 | PDF · Subscribers | |
| Affidavit of Alex Corbett No. 1 (Volume I of III) dated August 9, 2017 | PDF · Subscribers | |
| Affidavit of Alex Corbett No. 1 (Volume II of III) dated August 9, 2017 | PDF · Subscribers | |
| Affidavit of Alex Corbett No. 1 (Volume III of III) dated August 9, 2017 | PDF · Subscribers | |
| Affidavit of Alex Corbett No. 2 dated August 9, 2017 | PDF · Subscribers | |
| Application for Partial Summary Judgment dated August 9, 2017 | PDF · Subscribers | |
| Application to Appoint Receiver dated August 9, 2017 | PDF · Subscribers | |
| Statement of Claim filed August 9, 2017 | PDF · Subscribers | |
| https://webex.com/downloads | Trustee site | |
Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.
CiteProceedings., “The Lenaco Group of Companies (Receivership)” (Receivership (court-appointed)), Court of King's Bench of Alberta. Retrieved 16 October 2026, https://proceedings.ca/case/the-lenaco-group-of-companies