Ontario · Receivership (court-appointed)
Application Record Returnable February 9, 2024
Application / notice of application · 9 February 2024
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What we verified from this filing11 verified
- commencement date7 February 2024
- courtSUPERIOR COURT OF JUSTICE
- court file noCV-24-00712796-00CL
- appointeeRosen Goldberg Inc.
- appointee roleProposed Receiver
- applicantC & K MORTGAGE SERVICES INC. o/a RESCOM CAPITAL
- secured creditorsnote: Part of Lenders' Charge jointly held with C&K; outstanding balance not stated, only original registered principal given · page: 7 · as of: maturity date January 1, 2024 · debtor: 11282751 Canada Inc. · creditor: Canadian Western Trust Company · currency: CAD · security: Charge/mortgage registered first position on Burton Property, Dec 14, 2021, Instrument SC1853148, principal $4,400,000 total; CWTC undivided interest $350,000 of $4,400,000, held in trust for RRSP 112706 (Leslie Orbach)
- secured creditorsnote: Part of Lenders' Charge jointly held with Canadian Western Trust Company; outstanding balance not stated, only original registered principal given; also secured by General Security Agreement dated Nov 26, 2021 and General Assignment of Rents · page: 7 · as of: maturity date January 1, 2024 · debtor: 11282751 Canada Inc. · creditor: C & K Mortgage Services Inc. o/a Rescom Capital · currency: CAD · security: Charge/mortgage registered first position on Burton Property, Dec 14, 2021, Instrument SC1853148, principal $4,400,000 total; C&K undivided interest $4,050,000 of $4,400,000
- secured creditorsnote: Registered after abandonment of premises by Borrower; the Gallens are also operators who assumed running the gas station/convenience store; amount shown is registered principal, not a stated balance; not postponed to Lenders' Charge per document (registered subsequent in time) · page: 8 · debtor: 11282751 Canada Inc. · creditor: Steven Gallen and Debra Gallen · currency: CAD · security: $5,150,000 charge/mortgage registered Aug 17, 2023, Instrument SC2001616 (the 'Gallen Charge')
- secured creditorsnote: Postponed in priority to the Lenders' Charge pursuant to Postponement of Interest registered Dec 15, 2021, Instrument SC1853573; amount shown is registered principal, not a stated balance · page: 8 · debtor: 11282751 Canada Inc. · creditor: 2489876 Ontario Inc. · currency: CAD · security: $3,500,000 charge/mortgage registered June 28, 2019, Instrument SC1605213 (the '248 Charge')
- secured creditorsnote: Postponed in priority to the Lenders' Charge pursuant to Postponement of Interest registered Dec 15, 2021, Instrument SC1853577; amount shown is registered principal sum, not a stated balance · page: 8 · debtor: 11282751 Canada Inc. · creditor: Suncor Energy Inc. · currency: CAD · security: $100,000 charge/mortgage registered Feb 4, 2020, Instrument SC1663518 (the 'Suncor Charge'), securing advances under Head Lease, Sublease and Retail Marketer Agreement dated Sept 9, 2019