Boreal Capital Partners Ltd. and certain related entities, an Oakville, Ontario-based group of companies in the business of developing residential and commercial real estate projects, including multifamily residential condominium projects, obtained protection under the CCAA on November 25, listing almost $45 million in liabilities to Halmont Properties Corporation, their principal secured creditor. The companies currently have five projects underway, one of which is at an advanced stage of construction. However, they are facing pressing liquidity concerns as a result of severe alleged mismanagement, including a failure to provide the required reporting, the co-mingling of various funds and accounts, and various unauthorized payments and transfers. The purpose of the CCAA proceedings is to provide the companies with the breathing space to stabilize operations, continue the development of the active projects and develop a restructuring plan. EY was appointed monitor. Kesmark Estates was appointed as CRO. Halmont is providing DIP financing. Counsel is TGF for the companies, Lenczner Slaght for the monitor, Wildeboer Dellelce for Halmont and BLG for Trisura Guarantee Insurance Company.
1725859 Ontario Inc., 1941275 Ontario Ltd., and 1941276 Ontario Inc., which own a condominium unit in Toronto, a residential property in Brampton and a commercial property in Brampton, respectively, had a receiver appointed on November 1, on application by DUCA Financial Services Credit Union Ltd. DUCA brought the receivership application as a result of various defaults in the companies' obligations to DUCA, including that the companies have granted subsequent charges over the properties without the knowledge or consent of DUCA, and another creditor has commenced enforcement proceedings in relation to one of the properties. Spergel (GRIP) was appointed receiver. Counsel is Harrison Pensa for the applicant and Aird & Berlis for the receiver.
Axess Pickering Ltd., the owner of real property located at 1525 Pickering Parkway in Pickering, Ontario (the "Property"), had a receiver appointed over all of its assets on October 12, on application by C & K Mortgage Services Inc. (carrying on business as Rescom) and 975393 Ontario Inc., the company's senior secured creditors. The Property is a vacant 1.273 acre parcel which is being developed for construction of 336 units, in two residential condominium towers and approximately 26,000 square feet of office/restaurant space. On September 1, there was a default in the payment of interest under the charge on the Property, and no payments have been received since that date. Alvarez & Marsal was appointed receiver. Counsel is Dickinson Wright for the applicants.
Mohawk Trail Properties Inc., 2317159 Ontario Inc., and Mohawk Inn & Suites Management Inc., a related group of primarily land holding companies based in Toronto and Milton, Ontario, had a receiver appointed over their assets on August 3, on application by Cortland Credit Lending Corporation as agent for certain lenders. Mohawk Trail Properties Inc. was the borrower under the loan agreement, while 2317159 Ontario Inc. and Mohawk Inn & Suites Management Inc. provided guarantees. Starting in June 2019, as a result of certain material breaches and defaults (including monetary defaults) under the loan agreement, the parties entered into a series of forbearance agreements. However, the companies have been unable to repay the loan and, as of July 23, 2021, owed approximately $17 million to the lenders. A sale process for the companies' assets was approved on the same day that the companies were placed in receivership. PwC was appointed receiver. Counsel is Dentons for Cortland Credit Lending Corporation and Stikeman Elliott for the companies.
Russell Hill Investments Limited, a Concord, Ontario-based company that was incorporated to purchase and develop three residential properties located on Russell Hill Road in Toronto (the "Russell Hill Properties"), filed for bankruptcy on June 30, listing approximately $14.9 thousand in assets and $4.2 million in liabilities, including $2 million to Alexandria Bancorp Limited and $2.1 million to Shetfield Management Ltd. After the Russell Hill Properties were sold in 2014 for approximately $10.5 million, with the proceeds used to repay the first mortgage to BMO, the company paid $1.5 million to purchase another property in Toronto for the purpose of rental income and re-development. It was sold in March 2020 for $2.4 million, with the proceeds used to pay the first mortgage to BMO. Currently, there are not sufficient funds from the transactions to repay two of the unsecured lenders in full. Link & Associates is the bankrtupcy trustee.
Sunrise Acquisitions (Hwy 7) Inc., the owner of the Unionvillas townhome development project in Markham, Ontario (the "Project"), was placed in receivership on June 9 on application by KingSett Mortgage Corporation ("KingSett"), owed approximately $2 million. Since 2015, KingSett has provided senior secured financing to the company to enable the development of the Project, which comprises 52 built townhomes. In addition to KingSett, the other primary financing source for the Project was a syndicated mortgage financing arranged by Fortress Real Developments Inc. and administered through Sorrenti Law. In May 2021, the company defaulted under its loan facility with KingSett by failing to make a required interest payment, which remains unpaid to date. KingSett has lost faith in the company's management and wishes to exercise its rights to appoint a receiver to market and sell the company's assets and properties. KSV was appointed receiver. Counsel is Bennett Jones for the receiver, Cassels for the applicant, and Osler for FAAN Mortgage Administrators Inc., in its capacity as trustee of Sorrenti Law.
Roxdale Gardens Ltd., a Calgary, Alberta-based real estate company, was placed in receivership on June 24 on application by a group of applicants (collectively, the "Preferred Shareholders"), including Cantech Oilfield Equipment Ltd. and King Chi Hung. The Preferred Shareholders invested approximately $3.4 million in the company. These investment funds were collateralized by way of a $10 million mortgage registered against two parcels of land in Leduc County, Alberta (the "Lands"). The Lands were to be the site of a luxury residential real estate development scheme called the "Roxdale Gardens Project". The Preferred Shareholders allege that they have been oppressed through the actions of the company and claim, among other things, that the company's former directors withheld dividend payments owing to the Preferred Shareholders and failed to use the investment funds to develop the Lands. FTI was appointed receiver. Fasken is counsel to the Preferred Shareholders.
1436126 Alberta Ltd. o/a Morinville Plaza & Suites, which owns a mixed-use commercial and residential building located in Morinville, Alberta, was placed in receivership on June 22 on application by Peace Hills Trust Company ("Peace Hills"), owed approximately $1.4 million pursuant to a term loan extended by Peace Hills to the company. The Bowra Group was appointed receiver. Parlee McLaws is counsel to Peace Hills.
Alberta Foothills Properties Ltd., a Calgary, Alberta-based company that carries on a real estate development business, was placed in receivership on May 17 on application by ATB Financial, owed approximately $13.9 million pursuant to a commitment lender under which ATB Financial agreed to make certain loans to the company in order to finance a three-phase residential land development project in Okotoks, Alberta known as Wind Walk (the "Project"). By March 2018, the company had breached the terms of the commitment letter by, among other things, failing to make payments when due. After various formal extensions of the forbearance period, ATB Financial also informally agreed to allow the company two weeks to secure either a sale of the lands where the Project is located or a refinancing that would allow the company to repay the indebtedness. To date, ATB Financial has not received any evidence of substantial progress with respect to the sale of the lands or of the refinancing. FTI was appointed receiver. Fasken is counsel to ATB Financial.
10502715 Canada Inc. ("GP"), a Markham, Ontario-based company which operated a land development business with Bayview Creek (CIM) LP ("LP"), filed for bankruptcy on May 4. The GP lists approximately $14 million in unsecured liabilities and $47.6 million in secured liabilities, including $24.6 million to DUCA Financial Services Credit Union Ltd. MNP is the bankruptcy trustee.