Ontario · Receivership (court-appointed)
Motion Record of the Receiver (for motion returnable July 28, 2026)
Application / notice of application · 13 July 2026
AI summary
A plain-English summary drawn only from this filing: what it is, why it matters, and the parties, amounts and dates it turns on.
What we verified from this filing10 verified
- courtSUPERIOR COURT OF JUSTICE
- court file noCV-24-00034048-0000
- secured creditorsnote: Aggregated PMSI-class registrants per PPSA search (file currency November 18, 2024); individual balances not stated; total of 20 registrants against Creative including Vault and CertainTeed (reported separately above) · page: 23 · debtor: Creative Homescapes Inc. · creditor: PPSA equipment financiers (PMSI class) · currency: CAD · security: Serialized equipment/motor vehicle PPSA registrations against Creative: Amfar Holdings Inc., Caisse Desjardins Ontario Credit Union, CLE Capital Inc., CWB National Leasing Inc., De Lage Landen Financial Services Canada, Fletcher's Auto Service Ltd., Ford Credit Canada Limited, GM Financial Canada Leasing Ltd., Hitachi Capital Canada Corp, Kubota Canada Ltd., Lally Chevrolet, Meridian Onecap Credit Corporation, PNC Vendor Finance Corporation Canada, Royal Bank of Canada (formerly GMAC Leaseco Corporation), TFG Financial Corporation, Tricor Lease & Finance Corp, Wells Fargo Equipment Finance Company, Windsor Family Credit Union Limited - Motor Vehicles/Equipment collateral
- secured creditorsnote: Registered after TD Bank (subordinate by registration order); balance owing not stated in the filing · page: 23 · debtor: 1974592 Ontario Inc., 1646395 Ontario Inc., Creative Homescapes Inc. · creditor: Vault Capital Corporation · currency: CAD · security: PPSA registered financing statement - Inventory, Equipment, Accounts, Other
- secured creditorsnote: Unremitted payroll source deductions; $nil represents trust funds under the Income Tax Act; stated unsecured · page: 24 · as of: 2025-12-15 · amount: 1459.09 · debtor: Creative Homescapes Inc. · creditor: Canada Revenue Agency (Payroll Debt) · currency: CAD
- secured creditorsnote: Deemed trust class: $79,703.59 of the total represents trust funds pursuant to subsection 222(3) of the Excise Tax Act; Receiver states the HST Debt is unsecured by virtue of Creative's assignment into bankruptcy on February 9, 2026 · page: 24 · as of: 2025-12-17 · amount: 193442.12 · debtor: Creative Homescapes Inc. · creditor: Canada Revenue Agency (HST Debt) · currency: CAD
- secured creditorsnote: Registration predates TD Bank's, but Wells Fargo subordinated all its security interests in Creative, save for the 'Wells Fargo Inventory', to TD Bank pursuant to a Priority Agreement dated March 22, 2023 · page: 71 · debtor: Creative Homescapes Inc. · creditor: Wells Fargo Capital Finance Corporation Canada · currency: CAD · security: PPSA registration - Equipment (lessor of landscaping equipment)
- secured creditorsnote: Registration predates TD Bank's, but CertainTeed subordinated all its security interests in Creative to TD Bank pursuant to a Priority Agreement dated March 21, 2023 · page: 71 · debtor: Creative Homescapes Inc. · creditor: CertainTeed Canada, Inc. · currency: CAD · security: PPSA registration - GSA on inventory, equipment, etc. (Creative's vinyl fencing supplier)
- secured creditorsnote: Related party: 164 is Shawn Kelly's holding company, sole shareholder of Creative, and is itself one of the co-debtors in these receivership proceedings; also holds a security interest against Creative · page: 71 · debtor: Creative Homescapes Inc. · creditor: 1646395 Ontario Inc. (164) · currency: CAD · security: General secured creditor of Creative with PPSA registration predating TD Bank's
- secured creditorsnote: Senior secured creditor per Demands/BIA Notice dated September 12, 2024 (exact indebtedness as of September 10, 2024, exclusive of legal fees, disbursements and accruing interest); elsewhere approximated in prose as ~$2.1 million / $2,100,000. Shawn Kelly's $200,000 guarantee is a personal guarantee, not a separate secured claim (guarantor role only). · page: 73 · as of: 2024-09-10 · amount: 2056906.05 · debtor: Creative Homescapes Inc., 1974592 Ontario Inc., 1646395 Ontario Inc. · creditor: The Toronto-Dominion Bank · currency: CAD · security: General security agreements dated March 3, 2023 granted by Creative, 197 and 164 over all present and future property, assets and undertakings; cross-guarantees by Creative and 197; guarantees by 164; personal guarantee of Shawn Kelly limited to $200,000