Ontario · CCAA
Affidavit of Anthony Heller sworn July 13, 2026
Affidavit · 13 July 2026
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What we verified from this filing7 verified
- secured creditorsnote: Deemed trust claim (unremitted HST). Proposed stalking horse credit bid/RVO structure would reverse priority of the HST Trust Claim, conferring benefit to the Applicant, though Applicant will still suffer a shortfall. · page: 6 · as of: 2026-06-09 · amount: 5524569.88 · debtor: 1682 Victoria Park Avenue Inc. · creditor: Canada Revenue Agency · currency: CAD · security: Requirement to Pay issued pursuant to unremitted HST (the "HST Trust Claim")
- secured creditorsnote: Approximate indebtedness figure per para. 37 of affidavit. Plazacorp Investments Limited and Anthony Heller (officer/director of Applicant) personally guaranteed this indebtedness (related party). Charge matured on or about June 30, 2026; Applicant and WFCU negotiating forbearance agreement. First-ranking charge on title. · page: 7 · as of: 2026-06-30 · amount: 24328081.23 · debtor: 1682 Victoria Park Avenue Inc. · creditor: Windsor Family Credit Union Limited (WFCU) · currency: CAD · security: First charge against Real Property, Instrument No. AT6105081, registered June 13, 2022, principal sum $70,000,000.00 (registration ceiling); related General Assignment of Rents Instrument No. AT6105082
- secured creditorsnote: Approximate indebtedness figure per para. 37 of affidavit. Second-ranking charge, behind WFCU Charge. · page: 7 · as of: 2026-06-30 · amount: 9000000 · debtor: 1682 Victoria Park Avenue Inc. · creditor: Firm Capital Mortgage Fund Inc. · currency: CAD · security: Second charge against Real Property, Instrument No. AT6870139, registered July 30, 2025, principal sum $15,000,000.00 (registration ceiling); related General Assignment of Rents Instrument No. AT6870140
- secured creditorsnote: Approximate indebtedness figure per para. 37 of affidavit. Third-ranking charge, postponed to WFCU and Firm Capital Charges. · page: 7 · as of: 2026-06-30 · amount: 1000000 · debtor: 1682 Victoria Park Avenue Inc. · creditor: Westmount Guarantee Services Inc. · currency: CAD · security: Charge against Real Property, Instrument No. AT5550826, registered October 21, 2020, principal sum $27,000,000.00 (registration ceiling)
- secured creditorsnote: Approximate indebtedness figure per para. 37 of affidavit. Prior demand letter dated June 12, 2026 stated indebtedness of $22,800,000.00 plus accruing interest and legal fees of $11,300.00 (inclusive of HST); Notice of Intention to Enforce Security issued same date. Charge ranks fourth, behind WFCU, Firm Capital and Westmount Charges, ahead of Yonge-Abell Charge. Applicant stands to suffer significant shortfall. · page: 7 · as of: 2026-06-30 · amount: 24347706 · debtor: 1682 Victoria Park Avenue Inc. · creditor: Findev Lending Inc. (Applicant) · currency: CAD · security: Mortgage/Charge of Land (Instrument No. AT447215, registered Jan. 27, 2017, originally to Towncorp Asset Management Inc., assigned to Findev Inc. then Findev Lending Inc.); General Assignment of Rents (Instrument No. AT447216); General Security Agreement over personal property (Jan. 17, 2017, first priority); Assignment of Insurance Interest (Jan. 17, 2017). Charge amount increased by successive registered notices to a final registered ceiling of $10,000,000.00 (Instrument No. AT5583517, Nov. 27, 2020)
- secured creditorsnote: Approximate indebtedness figure per para. 37 of affidavit. Fifth (lowest) ranking charge on title, postponed to WFCU, Firm Capital, Westmount and Applicant's Charges. · page: 7 · as of: 2026-06-30 · amount: 17000000 · debtor: 1682 Victoria Park Avenue Inc. · creditor: Yonge-Abell Mortgage Partners Limited · currency: CAD · security: Charge(s) originally granted to Sorrenti Law Professional Corporation (Instrument Nos. AT3444643 and AT4412173, registered 2013), transferred to Yonge-Abell Mortgage Partners Limited September 29, 2020 (Instrument Nos. AT5531426, AT5531427); registered principal amended over time up to $13,540,000.00 (Notice AT4502335, March 3, 2017) (registration ceiling)
- secured creditorsnote: Registered construction lien claim appearing on parcel register exhibit; not addressed in body of affidavit's secured creditor summary. · page: 36 · as of: 2026-03-19 · amount: 236574 · debtor: 1682 Victoria Park Avenue Inc. · creditor: Broadway Hardwood Flooring Limited · currency: CAD · security: Construction Lien registered against title to Unit 16 (PIN 77137-0061), Instrument No. AT7028624