Ontario · Receivership (court-appointed)
Motion Record of the Receiver dated September 21, 2026 - Vol. 1 of 2
Application / notice of application · 21 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 filing7 verified
- unsecured creditorsnote: Approximate figure per judgment ('approximately $5 million, plus interest and costs'); ranks pari passu with Xela's other unsecured claims per Fifth Report · page: 6 · as of: 2015-10-28 · basis: Judgment issued October 28, 2015 · amount: 5000000 · debtor: Xela Enterprises Ltd., Juan Guillermo Gutierrez, Juan Arturo Gutierrez · creditor: Margarita Castillo (Judgment Debt) · currency: CAD
- unsecured creditorsnote: Approximate CAD equivalent; underlying judgment stated as B$19,184,680 Balboas; Receiver could not confirm underlying obligations were validly advanced; BDT offered to subordinate this judgment to the Judgment Debt; related-party (Juan Guillermo family beneficiary trust) claim · page: 29 · as of: 2012 (Panamanian judgment) · basis: Panamanian court judgment obtained by BDT against Lisa · amount: 25323772 · debtor: Lisa S.A. · creditor: BDT Investments Ltd. (BDT Judgement against Lisa) · currency: CAD
- unsecured creditorsnote: Disputed/unverified claim; components: BDT $24,194,000, Arven $6,508,000, PAICA $11,835,000 (thousands CAD, as at May 31, 2018); Receiver could not obtain evidence of advances; related-party (Juan Guillermo family) claim · page: 61 · as of: 2018-05-31 · basis: Purported intercompany advances per Receiver's investigation; unaudited · debtor: Xela Enterprises Ltd. · creditor: BDT Investments Ltd. / Arven / PAICA (Intercompany Receivables owed by Company/CAD) · currency: CAD
- unsecured creditorsnote: Disputed/unverified claim; components: BDT US$47,076,000, Arven US$12,727,000, PAICA US$(2,913,000) (thousands USD, as at June 30, 2018); related-party (Juan Guillermo family) claim · page: 61 · as of: 2018-06-30 · basis: Purported intercompany advances per Receiver's investigation; unaudited · debtor: Lisa S.A. · creditor: BDT Investments Ltd. / Arven / PAICA (Intercompany Receivables owed by Lisa/USD) · currency: USD
- unsecured creditorsnote: Acted as Xela's counsel at outset of proceedings; approximate figure per Receiver's Fifth Report ('approximately $315,000') · page: 156 · as of: 2022-02-17 · basis: Receiver advised by law firm of unpaid fees owing · amount: 315000 · debtor: Xela Enterprises Ltd. · creditor: Torys LLP · currency: CAD
- unsecured creditorsnote: Document states 'Xela's creditors' list reflects obligations totalling approximately $77.5 million'; a significant portion is non-arm's length; no claims process conducted, so provable claims undetermined; names no individual creditors except Torys LLP noted separately · page: 156 · as of: 2022-02-17 · basis: Xela's creditors' list as referenced by Receiver in Fifth Report · amount: 77500000 · debtor: Xela Enterprises Ltd. · creditor: Xela's creditors list (aggregate, excluding Judgment Debt distinction noted separately) · currency: CAD
- unsecured creditorsnote: Separate from Judgment Debt claim; recourse contingent on outcome of Juan Guillermo's motion; Xela lacks assets to redeem per Receiver · page: 156 · as of: 2017-01-11 · basis: Notice to redeem preference shares given by Margarita; Xela unable to pay · amount: 14000000 · debtor: Xela Enterprises Ltd. · creditor: Margarita Castillo (preference shares redemption claim) · currency: CAD