Ontario · Receivership (court-appointed)
Application record
Application / notice of application · 21 October 2024
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What we verified from this filing13 verified
- applicantBERGO INVESTMENT LIMITED
- courtONTARIO SUPERIOR COURT OF JUSTICE
- court file noCV-24-00729071-0000
- statutory basissection 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended
- appointeeRosen Goldberg Inc.
- appointee roleProposed Receiver
- commencement date3 October 2024
- secured creditorsnote: Third mortgage; no outstanding balance stated in the reviewed pages; further encumbering the Real Property with this mortgage without Bergo's consent constituted a default event under the First and Second Mortgages · page: 9 · debtor: Tianna Faubert · creditor: Orion Cap Inc. (Third Mortgagee) · currency: CAD · security: Charge/Mortgage registered on title as Instrument No. AT5996081, principal sum $325,000.00 (registered principal, not a stated balance)
- secured creditorsnote: Total amount due per notice of sale under mortgage issued April 19, 2023, issued by then-mortgagee HF prior to assignment · page: 17 · as of: 2023-04-19 · amount: 2912211.29 · debtor: Tianna Faubert / John Carlesso (guarantor) · creditor: Bergo Investment Limited · currency: CAD · security: First Mortgage - Instrument No. AT5986515 (then held by Harlo Financial Group GP Inc./HF Toronto (Glencairn Avenue) LP prior to assignment to Bergo)
- secured creditorsnote: Total amount due per notice of sale under mortgage issued May 31, 2024, as first mortgagee · page: 18 · as of: 2024-05-31 · amount: 3653882.49 · debtor: Tianna Faubert / John Carlesso (guarantor) · creditor: Bergo Investment Limited · currency: CAD · security: First Mortgage - Instrument No. AT5986515
- secured creditorsnote: Total amount due per notice of sale under mortgage issued June 7, 2023, as second mortgagee · page: 19 · as of: 2023-06-07 · amount: 961839.67 · debtor: Tianna Faubert / John Carlesso (guarantor) · creditor: Bergo Investment Limited · currency: CAD · security: Second Mortgage - Instrument No. AT5868434
- secured creditorsnote: Total per detailed accounting as at September 13, 2024 (Principal $3,073,447.34 plus accrued interest, fees, costs, less payments received); earlier prose approximation of $2,912,211.29 stated as at April 19, 2023 in notice of sale, and $3,653,882.49 as at May 31, 2024 notice of sale - see separate dated figures below · page: 21 · as of: 2024-09-13 · amount: 3675745.08 · debtor: Tianna Faubert / John Carlesso (guarantor) · creditor: Bergo Investment Limited · currency: CAD · security: First Mortgage - Charge/Mortgage Instrument No. AT5986515, principal sum $2,800,000.00, registered Feb 9, 2022, transferred from Harlo Financial Group GP Inc. and HF Toronto (Glencairn Avenue) LP; senior-ranking via postponement Instrument No. AT5989062; also secured by Guarantee dated Jan 26, 2022 and General Security Agreements dated Jan 26, 2022 (PPSA)
- secured creditorsnote: Total per detailed accounting as at September 13, 2024 (Principal $900,000.00 plus accrued interest, fees, costs); earlier figure of $961,839.67 stated as at June 7, 2023 in notice of sale - see separate entry · page: 22 · as of: 2024-09-13 · amount: 1098456.06 · debtor: Tianna Faubert / John Carlesso (guarantor) · creditor: Bergo Investment Limited · currency: CAD · security: Second Mortgage - Charge/Mortgage Instrument No. AT5868434, principal sum $900,000.00, registered Sept 24, 2021, includes Standard Charge Terms No. 200033 and Additional Provisions