Hopscotch

Hopscotch, a Toronto, Ontario-based healthy fast food business with two locations in Toronto and one in London, Ontario, owned by 2576230 Ontario, 2511981 Ontario and 9241922 Canada (collectively the "Debtors"), was placed in receivership on December 19 on application by RBC. By spring 2018, the Debtors were regularly offside on their accounts; as a result, in May, RBC called Wyatt Booth, an officer and director of the Debtors, to discuss the Debtors' financial situation. During the call, Booth advised that Cara Restaurant Group had expressed an interest in buying the business. Several months later, Booth further advised that the restaurant had suffered a severe flood in August, which resulted in over $150.0M of damage to its food inventory and equipment. He mentioned that two private investors would be acquiring 5-10% of the company, which would give the restaurant the financial relief required after the August incident. In response, RBC indicated to Booth the major items that it required immediate information on, including financial reports. However, when RBC met with Booth in September 2018, he was unable to provide any financial information to RBC, such as total sales for each Hopscotch location, monthly expenses and confirmation of rent payments. In October 2018, RBC made formal written demand for repayment of all indebtedness, arguing that the Debtors have been unable to secure alternative financing or otherwise repay RBC despite ample time being given. Spergel (ICIN) was appointed receiver. Counsel is Minden Gross for the applicant, Garfinkle Biderman for the Debtors and Aird & Berlis for the receiver.