Receivership Proceedings
Receivership Proceedings of Southmount Healthcare Centre Inc., 180 Vine Inc., 2478658 Ontario Ltd., 2009 Long Lake Holdings Inc., 65 Larch Holdings Inc., 100 Colborne Holdings Inc., 240 Old Penetanguish Holdings Inc., Gross Properties Inc., 180 Vine Purchaser Inc., and 2413667 Ontario Inc.
On June 29th, 2021 by Order of the Ontario Superior Court of Justice (Commercial List) (the "Receivership Order"), KPMG Inc. was appointed receiver and manager ("KPMG" or the "Receiver") of, i) Southmount Healthcare Centre Inc., 180 Vine Inc., 2478658 Ontario Ltd., 2009 Long Lake Holdings Inc., 65 Larch Holdings Inc., 100 Colborne Holdings Inc., 240 Old Penetanguish Holdings Inc. (collectively, the "Legal Owners"), and ii) Gross Properties Inc., 180 Vine Purchaser Inc., and 2413667 Ontario Inc. (collectively, the "Beneficial Owners", and together with the Legal Owners, the "Debtors"), but solely in respect of all of the Beneficial Owners' right, title and interest in and to the Legal Owners property, pursuant to section 243 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, and under Section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43.
Sale Process
On October 29, 2021, the Court granted an order, which among other things, approved:
(i) the Receiver's engagement of CBRE as listing broker to assist the Receiver in the marketing and sale of the primary assets of the Legal Owners (being 7 medical office buildings, and one parking lot); and
(ii) the Sale Process, as appended to the order.
Pursuant to the Sale Process, the Receiver, in consultation with the Broker, has revised the Initial Bid Deadline to February 8th, 2022. Any parties interested in purchasing the assets of the Legal Owners may contact the Broker or the Receiver. The contact details of the Broker can be found directly below. A copy of the Sale Process is posted in the "Sale Process" section of this website, below.
Pursuant to the Sale Process, the Receiver, in consultation with the Broker, has determined to initiate a second, binding round of bidding and has set a Qualified Bid Deadline for March 7, 2022. The Qualified Bid Deadline is the deadline by which Qualified Bidders continuing to participate in the Sale Process are required to submit a Binding Offer to the Receiver. The Qualified Bid Deadline has been communicated directly to certain Qualified Bidders which the Receiver, in consultation with the Broker, has determined should advance to the second binding round of bidding.
Broker contact
CBRE Limited
Michael.Bellissimo@cbre.com
Jordan.Lunan@cbre.com
Town Hall
The Receiver will be holding a meeting (the "Town Hall") in respect of the Victoria Avenue North Holdings Inc. and the Southmount Et Al. receivership proceedings (the "Proceedings"). The purpose of the Town Hall is to provide parties claiming a beneficial ownership interest in the properties subject to the Proceedings an update on the Proceedings and the anticipated net proceeds of same, and to offer an opportunity for parties to raise questions directly with the Receiver. The coordinates of the Town Hall are included in the Notice of May 18, 2022 Town Hall attached below.
Parties who wish to join the meeting must register with the Receiver at southmountetal@kpmg.ca.
Bankruptcy Proceedings
100 Colborne et al.
100 Colborne Holdings Inc. ("100 Colborne"), 2478658 Ontario Ltd. ("247 Ontario") and 240 Penetanguish Holdings Inc. ("240 Penetang" and collectively with 100 Colborne and 247 Ontario, "100 Colborne et. al.") filed assignments on the 28th day of June, 2022 and KPMG Inc. was appointed as trustee of the estates of each of the bankrupts by the official receiver, subject to affirmation by the respective creditors of the trustee's appointment or substitution of another trustee by the creditors.
Pursuant to an Order of the Ontario Superior Court of Justice [Commercial List] dated May 24, 2022, the trustee is authorized to carry out its administrative duties and responsibilities as if the bankruptcy proceedings of 100 Colborne et. al. were a single proceeding under the Bankruptcy and Insolvency Act (Canada). As such, the first meeting of creditors of the various 100 Colborne et. al. entities will be consolidated, and will be held on the 14th day of July 2022 at 11:00 AM at: Virtual Meeting or Conference ID: 646205640#, 647-794-1236.
Southmount et al.
Southmount Healthcare Centre Inc. ("Southmount"), and 180 Vine Purchaser Inc. ("Vine Purchaser Co.", and collectively with Southmount, "Southmount et. al.") filed assignments on the 29th day of August, 2022 and KPMG Inc. was appointed as trustee of the estates of each of the bankrupts by the official receiver, subject to affirmation by the respective creditors of the trustee's appointment or substitution of another trustee by the creditors.
Pursuant to an Order of the Ontario Superior Court of Justice [Commercial List] dated July 15, 2022, the trustee is authorized to carry out its administrative duties and responsibilities as if the bankruptcy proceedings of Southmount et. al. were a single proceeding under the Bankruptcy and Insolvency Act (Canada). As such, the first meeting of creditors of Southmount and Vine Purchaser Co. will be consolidated, and will be held on the 15th day of September 2022 at 11:00 AM at: Virtual Meeting or Conference ID: 802661754#, 647-794-1236.
2009 Long Lake et al.
2009 Long Lake Holdings Inc. (“2009 Long Lake”), and 65 Larch Holdings Inc. ("65 Larch", and collectively with 2009 Long Lake, “2009 Long Lake et al.”), filed assignments on the 29th day of September, 2022, and KPMG Inc. was appointed as trustee of the bankrupt estates by the official receiver, subject to affirmation by the respective creditors of the trustee's appointment or substitution of another trustee by the creditors.
Pursuant to an Order of the Ontario Superior Court of Justice [Commercial List] dated July 15, 2022, the trustee is authorized, among other things, to carry out its administrative duties and responsibilities as if the bankruptcy proceedings of 2009 Long Lake et al. were a single proceeding under the Bankruptcy and Insolvency Act (Canada). As such, the first meeting of creditors of 2009 Long Lake and 65 Larch will be consolidated, and will be held on the 19th day of October 2022 at 11:00 AM at: Virtual Meeting or Conference ID: 90096637#, 647-794-1236.
Contact information
416-777-8214
Court materials
Application Record dated June 18, 2021 - Part 1 of 7 [PDF 10 MB]
Application Record dated June 18, 2021 - Part 2 of 7 [PDF 9.8 MB]
Application Record dated June 18, 2021 - Part 3 of 7 [PDF 9.9 MB]
Application Record dated June 18, 2021 - Part 4 of 7 [PDF 10 MB]
Application Record dated June 18, 2021 - Part 5 of 7 [PDF 10 MB]
Application Record dated June 18, 2021 - Part 6 of 7 [PDF 10 MB]
Application Record dated June 18, 2021 - Part 7 of 7 [PDF 1.6 MB]
Motion Record of the Receiver dated October 22, 2021 [PDF 1.5 MB]
Factum of the Receiver dated October 27, 2021 [PDF 97 KB]
Motion Record of the Receiver dated May 13, 2022 [PDF 6.4 MB]
Supplementary Motion Record of the Receiver dated May 20, 2022 [PDF 613 KB]
Joint Factum of the Receivers dated May 21, 2022 (Blake, Cassels and Graydon LLP) [PDF 378 KB]
Joint Factum of the Receivers dated May 21 2022 (Norton Rose Fulbright Canada LLP) [PDF 480 KB]
Revisions to the Motion Record of the Receiver dated May 24, 2022 [PDF 887 KB]
Motion Record of the Receiver dated July 5, 2022 [PDF 4.3 MB]
Responding Motion Record of the Receiver dated January 24, 2023 [PDF 2.4 MB]
Motion Record of the Receiver dated June 26, 2023 [PDF 2.3 MB]
Factum of the Receiver dated June 29, 2023 (Blake, Cassels and Graydon LLP) [PDF 335 KB]
Factum of the Receiver dated June 29, 2023 (Norton Rose Fulbright Canada LLP) [PDF 470 KB]
Court orders
Receivership Appointment Order dated June 29, 2021 [PDF 281 KB]
Endorsement of Justice Dunphy dated June 29, 2021 [PDF 279 KB]
Order (Approval of Broker, Sale Process and Ancillary Matters) dated October 29, 2021 [PDF 159 KB]
Endorsement of Justice Koehnen regarding Broker Engagement, Sale Process & Ancillary Matters Order [PDF 256 KB]
Approval and Vesting Order dated May 24, 2022 (65 Larch) [PDF 182 KB]
Approval and Vesting Order dated May 24, 2022 (100 Colborne) [PDF 177 KB]
Approval and Vesting Order dated May 24, 2022 (240 Penetanguishene) [PDF 173 KB]
Approval and Vesting Order dated May 24, 2022 (849 Alexander) [PDF 173 KB]
Approval and Vesting Order dated May 24, 2022 (2009 Long Lake) [PDF 182 KB]
Distribution and Ancillary Matters Order dated May 24, 2022 [PDF 150 KB]
Approval and Vesting Order dated July 15, 2022 (35 Upper Centennial) [PDF 3.1 MB]
Approval and Vesting Order dated July 15 2022 (180 Vine) [PDF 2.8 MB]
Approval and Vesting Order dated July 15, 2022 (65 Larch Street) [PDF 3.4 MB]
Approval and Vesting Order dated July 15 2022 (2009 Long Lake) [PDF 3.4 MB]
Distribution and Ancillary Matters Order dated July 15 2022 [PDF 1.6 MB]
Lift Stay Order dated February 8, 2023 [PDF 177 KB]
Lift Stay Order Endorsement dated February 8, 2023 [PDF 889 KB]
Discharge Order dated July 5, 2023 [PDF 186 KB]
Discharge Order Endorsement dated July 5, 2023 [PDF 221 KB]
Court reports
Pre-Filing Report of Proposed Receiver dated June 18, 2021 [PDF 694 KB]
First Report of the Receiver dated October 21, 2021 [PDF 1.2 MB]
Second Report of the Receiver dated May 13, 2022 [PDF 5.4 MB]
Supplement to the Second Report of the Receiver dated May 20, 2022 [PDF 600 KB]
Third Report of the Receiver dated July 5, 2022 [PDF 3MB]
Responding Report of the Receiver dated January 23, 2023 [PDF 1.7 MB]
Fourth Report of the Receiver dated June 26, 2023 [PDF 2.1 MB]
Notice and statement of the receiver
Service list
Sale process
Town hall
Notice of May 18, 2022 Town Hall [PDF 238 KB]
Receiver's certificates
Receiver's Certificate dated May 31, 2022 (849 Alexander) [PDF 118 KB]
Receiver's Certificate dated June 1, 2022 (240 Penetang) [PDF 280 KB]
Receiver's Certificate dated June 6, 2022 (100 Colborne) [PDF 336 KB]
Receiver's Certificate dated August 4, 2022 (180 Vine) [PDF 204 KB]
Receiver's Certificate dated August 23, 2022 (35 Upper Centennial) [PDF 525 KB]
Receiver's Certificate dated September 23, 2022 (2009 Long Lake) [PDF 392 KB]
Receiver's Certificate dated September 23, 2022 (65 Larch) [PDF 394 KB]
Bankruptcy – 240 Old Penetanguish Holdings Inc.
Notice to Creditors (240 Penetang) [PDF 1.1 MB]
Proof of Claim (240 Penetang) [PDF 57 KB]
Proxy (240 Penetang) [PDF 31 KB]
Trustee's Preliminary Report (100 Colborne et al.) dated July 14, 2022 [PDF 203 KB]
Bankruptcy - 100 Colborne Holdings Inc.
Notice to Creditors (100 Colborne) [PDF 1.1 MB]
Proof of Claim (100 Colborne) [PDF 57 KB]
Proxy (100 Colborne) [PDF 31 KB]
Trustee's Preliminary Report (100 Colborne et al.) dated July 14, 2022 [PDF 203 KB]
Bankruptcy - 2478658 Ontario Ltd
Notice to Creditors (2478658 Ontario Ltd) [PDF 1.1 MB]
Proof of Claim (2478658 Ontario Ltd) [PDF 57 KB]
Proxy (2478658 Ontario Ltd) [PDF 31 KB]
Trustee's Preliminary Report (100 Colborne et al.) dated July 14, 2022 [PDF 203 KB]
Bankruptcy - Southmount Healthcare Centre Inc.
Notice to Creditors (Southmount) [PDF 479 KB]
Proof of Claim (Southmount) [PDF 57 KB]
Proxy (Southmount) [PDF 32 KB]
Trustees Preliminary Report - (Southmount et al.) dated September 15, 2022 [PDF 479 KB]
Bankruptcy - 180 Vine Purchaser Inc.
Notice to Creditors (Vine Purchaser Co) [PDF 477 KB]
Proof of Claim (Vine Purchaser Co) [PDF 57 KB]
Proxy (Vine Purchaser Co) [PDF 32 KB]
Trustees Preliminary Report - (Southmount et al.) dated September 15, 2022 [PDF 479 KB]
Bankruptcy - 2009 Long Lake Holdings Inc.
Notice to Creditors (2009 Long Lake Holdings Inc) [PDF 477 KB]
Proof of Claim (2009 Long Lake Holdings Inc) [PDF 57 KB]
Proxy (2009 Long Lake Holdings Inc) [PDF 30 KB]
Trustees Preliminary Report - (2009 Long Lake et al) dated October 19, 2022 [PDF 143 KB]
Bankruptcy - 65 Larch Holdings Inc.
Notice to Creditors (65 Larch Holdings Inc) [PDF 1.1 MB]
Proof of Claim (65 Larch Holdings Inc) [PDF 56 KB]
Proxy (65 Larch Holdings Inc) [PDF 30 KB]
Trustees Preliminary Report - (2009 Long Lake et al) dated October 19, 2022 [PDF 143 KB]
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