Ontario · Receivership (court-appointed)
Second Report of the Receiver (without appendices) – Dated August 24, 2026
Court officer report · 24 August 2026
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What we verified from this filing9 verified
- secured creditorsnote: Senior secured lender; amount stated as 'owed in excess of $3,262,135 before additional legal costs, disbursements, accrued interest, and subsequent advances to the receivership estate'; figure is a floor as of Dec 4, 2024. Security Opinion confirmed TD's security valid and enforceable as against the Trustee. · page: 4 · as of: 2024-12-04 · amount: 3262135 · debtor: Port Whitby Village Inc. · creditor: The Toronto-Dominion Bank · currency: CAD · security: TD loan documents / credit facilities; PPSA registrations (multiple, e.g. Reg. Nos. 1016 1793 9606, 1040 1590 4849, 1434 1590 5107, 1436 1590 5108, 1437 1590 5109)
- unsecured creditorsnote: Deemed-trust class originally asserted; CRA later concurred there is no deemed trust and issued Amended CRA HST Letter (May 12, 2026) setting nil deemed trust portion, rendering the $738,424 pre-bankruptcy HST arrears a fully unsecured claim. · page: 14 · as of: Proof of Claim filed in bankruptcy · basis: Proof of Claim filed by CRA in the bankruptcy setting out a fully unsecured claim · amount: 738424 · debtor: Port Whitby Village Inc. · creditor: Canada Revenue Agency · currency: CAD
- unsecured creditorsnote: Subject to NOI Administration Charge (priority charge, not ordinary unsecured); allocated $100,000 of the $200,000 charge, leaving shortfall of $2,171.11 unsecured. Dickinson Wright wrote off time/fees after October 27, 2025. · page: 15 · as of: period August 13, 2025 to October 27, 2025 · basis: Affidavit of David Preger sworn March 5, 2026 setting out unpaid fees as Debtors' counsel in the NOI Proceedings · amount: 102171.11 · debtor: Port Whitby Village Inc. / Crossview Developments Inc. (NOI Applicants) · creditor: Dickinson Wright LLP · currency: CAD
- unsecured creditorsnote: Related party (Receiver acting in prior capacity as Proposal Trustee); subject to NOI Administration Charge, allocated $96,483.57, leaving shortfall of $19,973.10. · page: 16 · as of: period July 28, 2025 to November 13, 2025 · basis: Affidavit of Hartley Bricks sworn August 18, 2026 setting out unpaid fees of the Proposal Trustee · amount: 116456.67 · debtor: Port Whitby Village Inc. / Crossview Developments Inc. (NOI Applicants) · creditor: Bricks Damiani Inc. (as Proposal Trustee) · currency: CAD
- unsecured creditorsnote: Subject to NOI Administration Charge; fully paid via allocation ($3,516.43 of $200,000), no shortfall. · page: 16 · as of: period November 5, 2025 to November 13, 2025 · basis: Affidavit of David Swift sworn August 19, 2026 setting out unpaid fees of Proposal Trustee's Counsel · amount: 3516.43 · debtor: Port Whitby Village Inc. / Crossview Developments Inc. (NOI Applicants) · creditor: Scott Petrie LLP · currency: CAD
- secured creditorsnote: Payout statement obtained and satisfied by Receiver inclusive of HST; Discharge Verification Statement issued January 8, 2026 - security now DISCHARGED. · page: 17 · as of: payout statement date (2026-01-08 discharge) · amount: 13179 · debtor: Port Whitby Village Inc. · creditor: Bodkin, A Division of Bennington Financial Corp. · currency: CAD · security: PPSA registration (Reg. No. 1407 1462 8608) over alignment machine (leased equipment)
- secured creditorsnote: Registrant vested out and subsequently discharged pursuant to Stellantis and Danbury Approval and Vesting Orders; balance not stated. · page: 17 · debtor: Port Whitby Village Inc. · creditor: The Bank of Nova Scotia · currency: CAD · security: PPSA registration (Reg. No. 1151 1532 4231), dated 2022-05-10
- secured creditorsnote: Registrant vested out and subsequently discharged pursuant to Stellantis and Danbury Approval and Vesting Orders; balance not stated. · page: 17 · debtor: Port Whitby Village Inc. · creditor: Eastmeadow Developments Inc. · currency: CAD · security: PPSA registration (Reg. No. 0935 1862 5564), dated 2020-06-10
- recovery outcomeentries: basis: estimated · quote: The realizations in the receivership estate will not be sufficient to retire the TD Indebtedness, with the result being that there will be no recovery available to the unsecured creditors of Port Whitby. · pct of: unstated · outcome: nil · class key: unsecured · stated by: receiver · class label: unsecured creditors of Port Whitby · interim final: unstated · claims qualifier: unstated; basis: unstated · quote: In addition, there are no surplus funds in the Crossview bankruptcy estate, such that there will be no distribution to Crossview's creditors. · pct of: unstated · outcome: nil · class key: unsecured · stated by: receiver · class label: Crossview's creditors · creditor name: Crossview · interim final: unstated · claims qualifier: unstated · stated on: 2026-08-24 · table missing: