Xela Enterprises Ltd.
FollowActive
- Proceeding
- Receivership (court-appointed)section 101 of the Courts of Justice Act
- File
- CV-11-9062-00CL
OverviewSummary updated
Xela Enterprises Ltd. is in receivership before the Ontario Superior Court of Justice (Commercial List) under court file CV-11-9062-00CL, with KSV Kofman Inc. appointed receiver and manager pursuant to section 101 of the Courts of Justice Act on the application of Margarita Castillo, whose judgment debt the Receiver puts at approximately $4.1 million. The receivership order, dated July 5, 2019, granted a Receiver's Charge in favour of KSV and its counsel Aird & Berlis LLP ranking ahead of other encumbrances, and a subordinate borrowings charge capped at $500,000 before December 31, 2019. The company's own unaudited, unconsolidated balance sheet as at May 31, 2018 showed total assets of $22,755,000 against total liabilities of $83,075,000, excluding the Castillo debt. Related-party amounts dominate, including $24,194,000 to BDT Investments Inc. and $21,884,000 to Badatop Holdings Inc.
Proceedings AIAsk this case — answers cite the filings
Case updates113 dated entries
110 earlier updates, back to 7 January 2020 — subscribers.
Parties
Debtor
Xela Enterprises Ltd.
Receiver
AlixPartners
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice McEwen | Ontario Superior Court of Justice | 28 orders, Oct 2019 – Jun 2023 | 134 cases on record |
| Justice Conway | Ontario Superior Court of Justice | 8 orders, May 2022 – Nov 2022 | 285 cases on record |
| Justice Kimmel | Ontario Superior Court of Justice | 3 orders, Jun 2026 – Jul 2026 | 182 cases on record |
Counsel of record
Capital structureAs asserted in the filings
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Juan Arturo Gutierrez (father of Juan Guillermo Gutierrez; estate now held by Carmen S. Gutierrez as Executor)as reflected in Xela Creditor List prepared June 1, 2019 — Registered security interest under the Personal Property Security Act (Ontario) over part of shareholder loan/note payable — Related party (shareholder/father of president); figure per Xela's creditor list; components were a note payable of $261,745 plus a promissory note debit of $14,967, reconciliation undertaken but not concluded on these pages; no demand for payment made by estate as of examination — debtor: Xela Enterprises Ltd. | $276K | First Report of the Receiver dated October 17, 2019 |
12 more claims across lower-ranking classesSubscribe to view
Sale processAs stated in the filings
Sale process approved — the Sale Process is hereby approved and the Receiver is hereby authorized and directed to implement the Sale ProcessSale Process Order dated July 10, 2026 · 10 Jul 2026
RecoveriesAs stated in the filings
Margarita: not yet estimated.Fifth Report of the Receiver · 28 Feb 2022
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Unsecured | Margarita | — | not yet estimated | per the receiver | Fifth Report of the Receiver · 28 Feb 2022 |
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.
Fees and ratesAs stated in the filings
7 engagements · 4 firms — latest: Aird & Berlis LLP, 2 Dec 2019 – 28 Jan 2020Second Report of the Receiver · 18 Feb 2020
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| (firm not named)Receiverfirm not named in the heading | —Sought | — | — | —2 people | Costs Outline of the Receiver · 13 Feb 2023 |
| Aird & Berlis LLPCounselperiod 4 of 4 | 2 Dec 2019 – 28 Jan 2020 | — | — | — | Second Report of the Receiver · 18 Feb 2020 |
| Aird & Berlis LLPCounselperiod 3 of 4 | 21 Oct – 30 Nov 2019 | — | — | — | Second Report of the Receiver · 18 Feb 2020 |
| Aird & Berlis LLPCounselperiod 2 of 4 | to 24 Oct 2019 | — | — | — | Second Report of the Receiver · 18 Feb 2020 |
| Aird & Berlis LLPCounselperiod 1 of 4 | 10 Jan – 11 Sep 2019 | — | — | — | First Report of the Receiver · 17 Oct 2019 |
| KSV Restructuring Inc.Receiver | —Sought | — | — | —3 people | Costs Outline of the Receiver · 22 Mar 2022 |
| Lenczner Slaght LLPCounsel to the debtor | —Sought | — | — | —25 people | Costs Outline of the Receiver · 13 Feb 2023 |
116 stated figures across 7 engagements, each sourcedSubscribe to view
Estate financialsReported figures — never derived
The debtor’s own statement of its total assets and liabilities at filing is in the record — Subscribers
Documents
113 filings
| Date | Document | File |
|---|---|---|
Sale Process Order dated July 10, 2026
| PDF · Subscribers | |
Endorsement of Justice Kimmel dated June 29, 2026
| PDF · Subscribers | |
Endorsement of Jutice Kimmel dated June 24, 2026
| PDF · Subscribers | |
| Responding Factum of Juan Gutierrez dated June 23, 2026 | PDF · Subscribers | |
Factum of the Receiver dated June 22, 2026
| PDF · Subscribers | |
| Motion Record of the Receiver dated April 14, 2026 | PDF · Subscribers | |
| Sixth Report of the Receiver dated April 14, 2026 | PDF · Subscribers | |
| Court of Appeal Decision dated February 28, 2024 re Contempt Motion | PDF · Subscribers | |
| Book of Authorities of the Respondent dated September 7, 2023 | PDF · Subscribers | |
| Responding Motion Record dated September 7, 2023 | PDF · Subscribers | |
Aide Memoire of the Receiver re Motion returnable June 14, 2023
| PDF · Subscribers | |
Endorsement of Justice McEwen dated June 14, 2023
| PDF · Subscribers | |
Supplemental Factum of the Receiver dated April 18, 2023
| PDF · Subscribers | |
| Supplemental Factum of the Appellant, Juan Guillermo Gutierrez dated April 3, 2023 | PDF · Subscribers | |
Endorsement of Justice Zarnett dated March 28, 2023
| PDF · Subscribers | |
Endorsement of Justices Sachs, Nishikawa and Leiper dated February 24, 2023
| PDF · Subscribers | |
| Compendium of the Receiver dated February 13, 2023 | PDF · Subscribers | |
Costs Outline of the Receiver dated February 13, 2023
| PDF · Subscribers | |
Factum of the Receiver dated February 13, 2023
| PDF · Subscribers | |
Factum of the Moving Party, Juan Guillermo Guiterrez dated January 23, 2023
| PDF · Subscribers | |
| Motion Record of Juan Guillermo Gutierrez dated January 23, 2023 - Volume 1 of 2 | PDF · Subscribers | |
| Motion Record of Juan Guillermo Gutierrez dated January 23, 2023 - Volume 2 of 2 | PDF · Subscribers | |
| Filing Request form of the Respondents dated December 20, 2022 | PDF · Subscribers | |
Affidavit of Service of Nanda Singh sworn December 16, 2022
| PDF · Subscribers | |
Factum of the Moving Party dated December 16, 2022
| PDF · Subscribers | |
| Factum of the Respondents dated December 16, 2022 | PDF · Subscribers | |
Notice of Motion of the Respondents for Leave to Appeal dated December 16, 2022
| PDF · Subscribers | |
Endorsement of Justice McEwen dated December 1, 2022
| PDF · Subscribers | |
Costs Order dated November 29, 2022
| PDF · Subscribers | |
Reasons for Decision on costs of Justice Conway dated November 29, 2022
| PDF · Subscribers | |
Brief of Key Orders and Endorsements re Motion returnable November 24, 2022
| PDF · Subscribers | |
Factum of the Receiver re Motion returnable November 24, 2022
| PDF · Subscribers | |
| Motion Record of the Receiver returnable November 24, 2022 | PDF · Subscribers | |
| Reply Record of the Receiver dated November 23, 2022 | PDF · Subscribers | |
| Supplementary Compendium of the Receiver dated November 23, 2022 | PDF · Subscribers | |
Compendium of the Receiver re Motion for Costs dated November 21, 2022
| PDF · Subscribers | |
| Reply Costs Submissions of the Receiver dated November 10, 2022 | PDF · Subscribers | |
Bill of Costs of the Receiver dated October 26, 2022
| PDF · Subscribers | |
Court Order dated October 17, 2022
| PDF · Subscribers | |
Order of Court of Appeal re Stay of Sentence dated October 17, 2022
| PDF · Subscribers | |
Reasons for Decision of Justice Conway dated October 17, 2022
| PDF · Subscribers | |
Warrant of Committal dated October 17, 2022
| PDF · Subscribers | |
Endorsement of Justice McEwen dated September 27, 2022
| PDF · Subscribers | |
Endorsement of Justice Nordheimer dated September 27, 2022
| PDF · Subscribers | |
Second Case Conference Memo of the Receiver dated September 27, 2022
| PDF · Subscribers | |
| Case Conference Brief of the Receiver dated September 26, 2022 | PDF · Subscribers | |
Third Supplementary Motion Record of the Receiver returnable September 22, 2022
| PDF · Subscribers | |
| Book of Authorities of the Receiver re Motion returnable September 14, 2022 | PDF · Subscribers | |
Endorsement of Justice McEwen dated September 14, 2022
| PDF · Subscribers | |
Factum of the Receiver re Motion returnable September 14, 2022
| PDF · Subscribers | |
| Further Supplementary Motion Record of the Receiver returnable September 14, 2022 | PDF · Subscribers | |
| Notice of Appeal dated September 8, 2022 | PDF · Subscribers | |
Endorsement of Justice Conway dated Aug 26, 2022
| PDF · Subscribers | |
Endorsement of Justice McEwen dated July 26, 2022
| PDF · Subscribers | |
Decision of Justice Conway dated June 29, 2022 re Contempt Motion
| PDF · Subscribers | |
Endorsement of Justice Conway dated May 25, 2022
| PDF · Subscribers | |
| Case Conference Brief of the Receiver dated May 19, 2022 | PDF · Subscribers | |
| Decision of the Divisional Court dated May 6, 2022 | PDF · Subscribers | |
| Book of Authorities of the Receiver dated April 28, 2022 | PDF · Subscribers | |
| Responding Factum of the Receiver dated April 28, 2022 | PDF · Subscribers | |
| Supplementary Brief re Order and Endorsements of the Receiver dated April 28, 2022 | PDF · Subscribers | |
| Brief of Documents re Second Supplemental Report to the Fifth Report of the Receiver dated April 4, 2022 | PDF · Subscribers | |
Notice of Motion of the Receiver dated April 4, 2022
| PDF · Subscribers | |
| Second Supplement to the Fifth Report of the Receiver dated April 4, 2022 | PDF · Subscribers | |
Affidavit of Service of the Respondents dated March 28, 2022
| PDF · Subscribers | |
| Filing Request form of the Respondents dated March 28, 2022 | PDF · Subscribers | |
Notice of Motion of the Respondents dated March 28, 2022
| PDF · Subscribers | |
| Case Conference brief of the Respondents dated March 25, 2022 | PDF · Subscribers | |
Endorsement of Justice McEwen dated March 25, 2022
| PDF · Subscribers | |
| Notice of Motion of the Respondents dated March 25, 2022 | PDF · Subscribers | |
Second Endorsement of Justice McEwen dated March 25, 2022
| PDF · Subscribers | |
Costs Outline of the Receiver dated March 22, 2022
| PDF · Subscribers | |
Endorsement of Justice McEwen dated March 17, 2022
| PDF · Subscribers | |
| Brief of Correspondence between counsel dated March 16, 2022 | PDF · Subscribers | |
| Case Conference Brief of the Respondent, Juan Guillermo Gutierrez dated March 16, 2022 | PDF · Subscribers | |
Endorsement of Justice McEwen dated March 9, 2022
| PDF · Subscribers | |
| Supplement to the Fifth Report of the Receiver dated March 7, 2022 | PDF · Subscribers | |
Endorsement of Justice McEwen dated March 2, 2022
| PDF · Subscribers | |
Fifth Report of the Receiver dated February 28, 2022
| PDF · Subscribers | |
Endorsement of Justice McEwen dated January 24, 2022
| PDF · Subscribers | |
Case Conference Brief of the Receiver dated January 21, 2022
| PDF · Subscribers | |
Endorsement of Justice McEwen dated December 2, 2021
| PDF · Subscribers | |
Endorsement of Justice McEwen dated September 17, 2021
| PDF · Subscribers | |
Court Order re Costs dated July 28, 2021
| PDF · Subscribers | |
Endorsement of Justice McEwen dated July 28, 2021
| PDF · Subscribers | |
Endorsement of Justice McWatt dated July 9, 2021
| PDF · Subscribers | |
Court Order dated March 25, 2021
| PDF · Subscribers | |
Recognition Order re Panama dated March 25, 2021
| PDF · Subscribers | |
| Third Supplement to Fourth Report of the Receiver dated March 1, 2021 | PDF · Subscribers | |
| Second Supplement to the Fourth Report of the Receiver dated February 8, 2021 | PDF · Subscribers | |
| Supplement to Fourth Report of the Receiver dated February 1, 2021 | PDF · Subscribers | |
| Fourth Report of Receiver dated January 18, 2021 | PDF · Subscribers | |
Court Order re ATS dated October 27, 2020
| PDF · Subscribers | |
Court Order re Juan Guillermo dated October 27, 2020
| PDF · Subscribers | |
Endorsement of Justice McEwen dated September 30, 2020
| PDF · Subscribers | |
Court Order dated August 28, 2020
| PDF · Subscribers | |
| Third Report of Receiver dated July 24, 2020 | PDF · Subscribers | |
Endorsement of Justice McEwen dated April 9, 2020
| PDF · Subscribers | |
Endorsement of Justice McEwen dated March 26, 2020
| PDF · Subscribers | |
Court Order dated March 24, 2020
| PDF · Subscribers | |
| Second Supplement to the Second Report dated March 23, 2020 | PDF · Subscribers | |
| Supplement to the Second Report dated March 17, 2020 | PDF · Subscribers | |
Endorsement of Justice McEwen dated February 21, 2020
| PDF · Subscribers | |
Second Report of the Receiver dated February 18, 2020
| PDF · Subscribers | |
Endorsement of Justice McEwen dated January 9, 2020
| PDF · Subscribers | |
Motion Record of Xela Enterprises Ltd. returnable January 9, 2020
| PDF · Subscribers | |
Court Order dated October 29, 2019
| PDF · Subscribers | |
| Endorsement of Justice McEwen dated October 29, 2019 | PDF · Subscribers | |
Endorsement of Justice McEwen re Case Conference dated Oct 29, 2019
| PDF · Subscribers | |
Xela - Service List as at October 25, 2019
| PDF · Subscribers | |
First Report of the Receiver dated October 17, 2019
| PDF · Subscribers | |
Endorsement of Justice McEwen dated October 2, 2019
| PDF · Subscribers | |
Appointment Order dated July 5, 2019
| 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., “Xela Enterprises Ltd.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/xela-enterprises-ltd