Ontario · Receivership (court-appointed)
Motion Record - Receiver
Application / notice of application · 12 February 2021
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What we verified from this filing15 verified
- applicantTHE BANK OF NOVA SCOTIA
- appointeeBDO Canada Limited
- appointee roleReceiver
- courtSUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
- court file noCV-19-00630665-00CL
- statutory basissubsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- commencement date12 November 2019
- secured creditorsnote: Leased vehicles not subject to Receiver's sale transaction with Purchaser · page: 22 · debtor: 6396763 Canada Inc. · creditor: Enterprise Fleet Management Inc. · currency: CAD · security: PPSA registration with respect to certain leased vehicles
- secured creditorsnote: Loan outstanding at commencement of receivership per affidavit of Bronwyn Nelson sworn November 6, 2019; secured claim subordinate to WEPPA Claim and CRA deemed trust claim · page: 22 · as of: 2019-11-06 · amount: 598980.87 · debtor: 6396763 Canada Inc. · creditor: The Bank of Nova Scotia · currency: CAD · security: Validly perfected security interest in the Debtor's assets (per legal opinion from Chaitons); PPSA registration
- secured creditorsnote: Paid by Receiver per Final R&D; priority claim, not ordinary security · page: 22 · amount: 6931 · debtor: 6396763 Canada Inc. · creditor: Service Canada (Wage Earner Protection Program Act claim) · currency: CAD · security: Priority secured claim under WEPPA and BIA over current assets, ahead of all other secured claims and CRA deemed trust claim
- secured creditorsnote: Deemed trust claim - priority over all other secured claims except WEPPA Claim; broader CRA claims of $1,140,917 (payroll) and $986,872 (HST) also submitted but deemed trust property claim is $774,405 · page: 22 · amount: 774405 · debtor: 6396763 Canada Inc. · creditor: Canada Revenue Agency · currency: CAD · security: Deemed trust claim over unremitted employee payroll deduction withholdings
- unsecured creditorspage: 22 · basis: Claims submitted to the Receiver for outstanding HST · amount: 986872 · debtor: 6396763 Canada Inc. · creditor: Canada Revenue Agency · currency: CAD
- unsecured creditorsnote: Part of overall CRA Claims; $774,405 of related deemed trust portion classified separately as secured/priority claim · page: 22 · basis: Claims submitted to the Receiver for outstanding payroll deductions · amount: 1140917 · debtor: 6396763 Canada Inc. · creditor: Canada Revenue Agency · currency: CAD
- fee scheduleengagements: form: prose · rows: · money: tax: label: HST · quote: plus HST of $6,746.14, for a total of $58,639.51 · amount: 6746.14 · fees: quote: interim accounts for the period of August 13, 2019 to February 5, 2021 of $51,893.37 plus HST of $6,746.14 · amount: 51893.37 · total: quote: for a total of $58,639.51 · amount: 58639.51 · includes tax: true · approximate: false · period: end: 2021-02-05 · kind: interim · quote: The Receiver requests that the Court approve its interim accounts for the period of August 13, 2019 to February 5, 2021 of $51,893.37 plus HST of $6,746.14, for a total of $58,639.51. · start: 2019-08-13 · approval: quote: The Receiver requests that the Court approve its interim accounts for the period of August 13, 2019 to February 5, 2021 · state: sought · averages: · currency: · invoices: · firm text: BDO Canada Limited · firm quote: Lawyers for BDO Canada Limited, Court-appointed Receiver · context quote: BDO, in its capacity as proposed receiver and Receiver, has provided services and incurred disbursements during the period of August 13, 2019 to February 5, 2021, which are described in the Affidavit of Gary Cerrato sworn February 8, 2021 (the ' Cerrato Affidavit '), attached herein as Appendix 'F' .; form: rate_chart · rows: Jason D. Spetter; Allan L. Lipman; Ian J. Klaiman; Jeysa Martinez; Paul Siciliano · money: tax: label: HST on Disbursements · quote: HST on Disbursements: | | $39.18 · amount: 39.18 · total: quote: Total Fees, Disbursements and HST: | | $44,600.03 · amount: 44600.03 · includes tax: true · includes disbursements: true · approximate: false · disbursements: quote: Total Taxable Disbursements $301.40 · amount: 301.4 · period: kind: invoice · quote: DATED NOVEMBER 15, 2019 · approval: state: unstated · averages: · currency: · invoices: · firm text: Lipman, Zener & Waxman PC · firm quote: LIPMAN ZENER & WAXMAN PC · context quote: SUMMARY OF ADDITIONAL INFORMATION REGARDING ACCOUNT OF LIPMAN, ZENER & WAXMAN PC
- recovery outcomeentries: basis: actual · quote: Accordingly, this claim has been paid by the Receiver as reflected in the Final R&D. · pct of: unstated · outcome: paid_in_full · class key: weppa · stated by: receiver · amount low: 6931 · amount high: 6931 · class label: WEPPA Claim (Service Canada) · claims amount: 6931 · creditor name: Service Canada · interim final: unstated · claims qualifier: proven; basis: estimated · quote: The Receiver estimates that the final payment to CRA will total $656,731.07 as reflected in the Final R&D. · pct of: unstated · outcome: distribution · class key: deemed_trust · stated by: receiver · amount low: 656731.07 · amount high: 656731.07 · class label: CRA deemed trust claim · claims amount: 774405 · creditor name: CRA · interim final: final · claims qualifier: asserted · stated on: 2021-02-11 · table missing: