Ontario · Receivership (court-appointed)
Motion Record of the Receiver dated September 9, 2026
Application / notice of application · 9 September 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 filing13 verified
- secured creditorsnote: Funds advanced by CEI to the Receiver; balance of $802,000 'plus interest and costs which continue to accrue'. Stated as of the date of the Seventh Report (Sept 9, 2026). · page: 20 · as of: 2026-09-09 · amount: 802000 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Constantine Enterprises Inc. (CEI) - Receiver's Borrowings Charge · currency: CAD · security: Receiver's Borrowings Charge under the Receivership Order; Court-ordered priority subordinate only to the Receiver's Charge
- secured creditorsnote: Stated as 'approximately $6.7 million' (the 'CEI Priority Debt'), including interest but excluding costs and expenses and interest thereon, which continue to accrue. Earlier figure at Feb 29, 2024 was $13,015,116 (First Report, with interest and costs accruing). · page: 20 · as of: 2026-06-30 · amount: 6700000 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Constantine Enterprises Inc. (CEI) - DUCA Commitment (senior mortgage on Real Property, assigned from DUCA) · currency: CAD · security: Senior ranking mortgage on the Real Property (DUCA Commitment), plus GAR and GSA; CEI's other security also found valid and enforceable per Receiver's counsel opinion
- secured creditorsnote: Summary table amount from First Report (amounts subject to change for interest, fees and costs); original principal $2,174,130 under Nov 10, 2020 promissory note. Two PPSA registrations in favour of CEI. Also a PPSA registration for Mizrahi Constantine (180 SAW) LP with no obligations outstanding. · page: 64 · as of: 2024-02-29 · amount: 2854278 · debtor: Mizrahi 128 Hazelton Retail Inc. · creditor: Constantine Enterprises Inc. (CEI) - Retail Indebtedness (Retail Note) · currency: CAD · security: General security agreement by Retail, option to purchase the Retail APS and Retail Flow-Through Note for $1, and unlimited guarantee by Mr. Mizrahi (personal guarantor) of Retail's obligations
- secured creditorsnote: Non-revolving facility, principal $21,000,000 originally; amount owing at Feb 29, 2024 per First Report, interest and costs accruing. Figure is dated; later position not restated in these pages. · page: 65 · as of: 2024-02-29 · amount: 31041763 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Constantine Enterprises Inc. (CEI) - Hazelton Subordinate Indebtedness (2015 Credit Agreement) · currency: CAD · security: Subordinate mortgage on Real Property, general assignment of rents and GSA; CEI subordinated its mortgage to DUCA and registered a postponement in favour of Aviva and the City of Toronto
- secured creditorsnote: Amount of lien as registered; Receiver was reviewing and assessing the construction liens. · page: 66 · amount: 47502.8 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: 385277 Ontario Limited (construction lien) · currency: CAD · security: Construction lien registered Mar 8, 2024 against Real Property
- secured creditorsnote: Amount of lien as registered; Receiver was reviewing and assessing the construction liens. · page: 66 · amount: 138765.14 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Penegal Trim & Supply Ltd. (construction lien) · currency: CAD · security: Construction lien registered May 10, 2024 against Real Property
- secured creditorsnote: The $18,500,000 is the registered maximum principal, not an outstanding balance. Secures Hazelton's deposit insurance indemnification obligations for homebuyers who paid deposits for unclosed units. Aviva subordinated its mortgage to the DUCA Mortgage by priority agreement dated June 27, 2017. Personal guarantees exist in favour of Aviva from two individuals (a director of Hazelton and Mr. Mizrahi, per Seventh Report). · page: 66 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Aviva Insurance Company of Canada · currency: CAD · security: Charge registered Sept 22, 2016 against Real Property in maximum principal amount of $18.5 million, plus PPSA registration
- secured creditorsnote: Outstanding as of Nov 21, 2023 per First Report; Receiver was still reviewing and assessing the construction liens. · page: 66 · as of: 2023-11-21 · amount: 507658 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: CEC Mechanical Ltd. (construction lien) · currency: CAD · security: Construction lien registered Sept 29, 2023 against Real Property
- secured creditorsnote: Stated as outstanding in First Report; Receiver was reviewing and assessing the construction liens. · page: 66 · amount: 68262 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: CLM General Enterprises (construction lien) · currency: CAD · security: Construction lien registered Feb 2, 2024 against Real Property
- unsecured creditorsnote: Stated as aggregate principal amount; accrued interest not stated. · page: 67 · basis: Unsecured promissory note dated Nov 10, 2020 (aggregate principal amount of loans advanced) · amount: 3200000 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Constantine Enterprises Inc. (CEI) - 2020 Grid Note · currency: CAD
- unsecured creditorsnote: Stated as aggregate principal amount; accrued interest not stated. · page: 67 · basis: Unsecured promissory note dated Dec 3, 2021 (aggregate principal amount of loans advanced) · amount: 1500000 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Constantine Enterprises Inc. (CEI) - 2021 Grid Note · currency: CAD
- unsecured creditorsnote: Lien was 'previously registered'; document does not state whether it remains registered, so listed here rather than as current security. · page: 67 · basis: Indebtedness relating to a construction lien previously registered on title to the Real Property, since purchased by CEI · amount: 1351861 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Constantine Enterprises Inc. (CEI) - purchased construction lien indebtedness · currency: CAD
- unsecured creditorsnote: Approximate aggregate reported to the Receiver; document names no individual creditors here. Stated as of the First Report (Aug 2024). · page: 67 · basis: 'According to a creditors list provided to the Receiver', other than CEI's grid notes; approximately $4.2 million owing to consultants, law firms, trade contractors and other parties · amount: 4200000 · debtor: Mizrahi (128 Hazelton) Inc. · creditor: Unsecured creditors (aggregate as reported) · currency: CAD