Ontario · Receivership (court-appointed)
Application Record of TD
Application / notice of application · 7 February 2023
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 filing6 verified · 1 withheld
- applicantTHE TORONTO-DOMINION BANK
- courtOntario Superior Court of Justice (Commercial List)
- court file noCV-23-00693494-00CL
- statutory basissubsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- secured creditorsnote: Revealed by certified PPSA search current as of August 8, 2022; no dollar amount stated in the search results. · page: 20 · as of: 2022-08-08 · debtor: 1871 Berkeley Events Inc. · creditor: Her Majesty in Right of Ontario (represented by the Minister of Finance) · currency: CAD · security: PPSA registration (subsequent to and subordinate in ranking to TD's first-ranking PPSA security)
- secured creditorsnote: Total indebtedness under the Credit Agreements (exclusive of legal fees, disbursements and accruing interest), continuing to accrue. Notice of Application (p.11) states this same total as owing as of October 27, 2022, while the Affidavit of Kathryn Furfaro (p.23) states the identical total as of October 25, 2022 (discrepancy in source documents). Debtors' obligations cross-guaranteed by unlimited guarantees dated June 20, 2017 and August 26, 2019 among the Debtors; also personally guaranteed by Douglas Wheler (individual guarantor - name only, not a corporate entity). · page: 23 · as of: 2022-10-25 · amount: 10414747.9 · debtor: 1871 Berkeley Events Inc., 1175484 Ontario Inc., 111 King Street East Inc., 504 Jarvis Inc. and Southline Holdings Inc. (jointly, cross-guaranteed obligations) · creditor: The Toronto-Dominion Bank · currency: CAD · security: General security agreements (PPSA, first-ranking) dated June 20, 2017 (granted by 1871 Berkeley Events Inc. and 1175484 Ontario Inc.) and dated August 2019 (granted by 111 King Street East Inc., Southline Holdings Inc. and 504 Jarvis Inc.) over all present and after-acquired property of each Debtor; collateral charge/mortgage granted by 1175484 Ontario Inc. in the registered principal amount of $9,900,000.00 over the Real Property (317 Queen Street East, Toronto), registered as instrument nos. AT4595583 (Charge) and AT5518507 (Notice)
1 extracted value is withheld: either a trap-shaped field where models produce confident wrong numbers, or an identity value whose quotation could not be found in the document. Withheld values are shown to no one.