Rathcliffe Properties Inc. v. 2184698 Ontario Inc.
Rathcliffe Properties Limited
Law Firm / Organization
Loopstra Nixon LLP
Lawyer(s)

Christine Jonathan

2184698 Ontario Inc.
Law Firm / Organization
Drudi, Alexiou, Kuchar LLP
Lawyer(s)

Tushar Sabharwal

Schwartz Levitsky Feldman Inc.
Law Firm / Organization
Page Martin LLP
Lawyer(s)

Kenneth Page

·  Background:

  • 2184698 Ontario Inc. (Debtor) owns a property, including an autobody shop and an approved development for an Esso gas station.
  • Rathcliffe Properties Inc. (Plaintiff) loaned the Debtor $2.9 million secured by a first mortgage. The Debtor defaulted on the mortgage on August 1, 2023, and failed to secure refinancing.
  • A Receiver was appointed in March 2024 to take control of the property and start a sale process, including listing the property for $4.5 million and receiving eleven offers.

·  Debtor's Motion:

  • The Debtor sought to stop the sale, alleging that the Receiver breached its duties under the Bankruptcy and Insolvency Act, claiming the sale undervalued the property.

·  Court Findings:

  • The Receiver acted properly and in good faith, and no breach of the Act occurred.
  • The listing price was supported by independent appraisals, and the Debtor’s motion was deemed premature, as the sale process had not concluded.

·  Order:

  • The Debtor's motion was dismissed.
  • Costs of $10,000 were awarded to the Receiver and $7,500 to the Lender.
  • The Receiver may continue the sale process immediately, and the Debtor is restricted from filing further motions without court approval.
Superior Court of Justice - Ontario
CV-23-00003812-0000
Real estate
$ 17,500
Plaintiff