Ontario · Receivership (court-appointed)
Motion Record of the Receiver dated November 18, 2025
Application / notice of application · 18 November 2025
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What we verified from this filing14 verified
- applicantHOME TRUST COMPANY
- appointeemsi Spergel Inc.
- appointee roleReceiver
- courtSUPERIOR COURT OF JUSTICE
- court file noCV-24-00088153-0000
- provinceONTARIO
- unsecured creditorsnote: HST owed for periods June 30, 2021 to March 31, 2023; document states the claim ranks behind the prescribed security interests as there is no deemed trust portion (unsecured); Proof of Claim attached as Appendix 7 · page: 36 · as of: 2025-04-30 · basis: CRA HST Proof of Claim received by the Receiver · amount: 3285.06 · debtor: 2238394 Ontario Ltd. · creditor: Canada Revenue Agency (HST) · currency: CAD
- unsecured creditorsnote: HST owed for periods June 30, 2021 to March 31, 2023; document states the claim ranks behind the prescribed security interests as there is no deemed trust portion (unsecured); Proof of Claim attached as Appendix 8 · page: 36 · as of: 2025-07-23 · basis: CRA HST Proof of Claim received by the Receiver · amount: 15623.63 · debtor: 58 King Street East Hamilton Ltd. · creditor: Canada Revenue Agency (HST) · currency: CAD
- secured creditorsnote: Postponed/subordinated in priority to Home Trust's first mortgage; individual mortgagee; no outstanding balance stated in document (registered principal only) · page: 38 · debtor: 2238394 Ontario Ltd. · creditor: Mehdi Komeilian · currency: CAD · security: Second mortgage against 31 John Street North; registered principal $900,000.00, initially charged and registered March 10, 2021, postponed to Home Trust's first mortgage on May 13, 2022
- secured creditorsnote: Municipal tax lien; document states City of Hamilton has a priority charge ahead of the existing mortgages in respect of property tax arrears; balance per property tax statement issued June 26, 2025 · page: 39 · as of: 2025-06-26 · amount: 45608.59 · debtor: 2238394 Ontario Ltd. · creditor: City of Hamilton · currency: CAD · security: Notice registered against 31 John Street North, February 9, 2023, in respect of property tax arrears
- secured creditorsnote: Multiple mortgagees (one corporate, three individual); no outstanding balance stated in document (registered principal only) · page: 39 · debtor: 2238394 Ontario Ltd. · creditor: Trumencas Ltd., Ekaterina Cerullo, Amanda Stanley and Michael Offidani · currency: CAD · security: Third mortgage against 31 John Street North; registered principal $800,000.00, registered June 20, 2022
- secured creditorsnote: Same individual mortgagee as second mortgage; no outstanding balance stated in document (registered principal only) · page: 39 · debtor: 2238394 Ontario Ltd. · creditor: Mehdi Komeilian · currency: CAD · security: Fourth mortgage against 31 John Street North; registered principal $440,000.00, registered March 26, 2024
- secured creditorsnote: Exact balance per Home Trust Mortgage Discharge Statement dated November 13, 2025 (includes accrued interest, fees and charges, less credits); registered principal of $3,800,000 is not the balance · page: 162 · as of: 2025-11-13 · amount: 4396208.93 · debtor: 2238394 Ontario Ltd. · creditor: Home Trust Company · currency: CAD · security: First mortgage against 31 John Street North, Hamilton, ON; registered principal $3,800,000.00, registered May 13, 2022
- recovery outcomeentries: basis: unstated · quote: c. to Home Trust, or such other party as directed by Home Trust, in the amount of $4,396.208.93, plus interest, upon closing of the Transaction with respect to their first mortgage; · pct of: unstated · outcome: distribution · class key: secured · stated by: receiver · amount low: 4396208.93 · amount high: 4396208.93 · class label: Home Trust Company (first mortgage) · creditor name: Home Trust Company · interim final: interim · conditional on: upon closing of the Transaction · claims qualifier: unstated; basis: unstated · quote: a. to Home Trust Company (' Home Trust '), or such other party as directed by Home Trust, in the amount of $90,000.00, plus interest, upon closing of the Transaction with respect to the outstanding Receiver's Certificate; · pct of: unstated · outcome: distribution · class key: court_charges · stated by: receiver · amount low: 90000 · amount high: 90000 · class label: Home Trust Company (Receiver's Certificate) · creditor name: Home Trust Company · interim final: unstated · conditional on: upon closing of the Transaction · claims qualifier: unstated; basis: unstated · quote: b. to the City of Hamilton in the amount of $45,608.59, plus any other amounts accrued at the closing of the Transaction, for the outstanding realty taxes; and, · pct of: unstated · outcome: distribution · stated by: receiver · amount low: 45608.59 · amount high: 45608.59 · class label: City of Hamilton (realty taxes) · creditor name: City of Hamilton · interim final: unstated · conditional on: plus any other amounts accrued at the closing of the Transaction, for the outstanding realty taxes · claims qualifier: unstated · table missing: